Tags: 1031 Exchange

DSTs Offer Three Ways to Meet Your Replacement Property Identification Requirements

One of the easiest ways to help ensure your 1031 Exchange doesn’t fail is to use a Delaware Statutory Trust as a back-up approach for identifying your replacement property. We have seen far too often exchangers fail to meet their 45-day property identification requirement for a variety of reasons, including:

  • Stay at home restrictions prevent investors from viewing and inspecting properties
  • The identified property doesn’t appraise at adequate value
  • Sellers change their minds
  • Investor doesn’t have sufficient funds
  • Investor can’t secure a loan 

These are not uncommon situations. That’s why we always recommend that 1031 exchangers select a few properties as back-up, even if they still intend to complete their exchange with a previously identified property. This provides an excellent backstop in the event something goes wrong. The DST provides three different ways to identify a replacement property:

3 Property Rule: The exchanger may identify any three properties as potential replacement properties, without regard to their fair market value.

200% RuleThe exchanger may identify any number of properties, provided the aggregate fair market value of all the properties does not exceed 200% of the aggregate fair market value of all of the relinquished properties.

95% Exception Rule: If the exchanger identifies more potential replacement properties than allowed under either the Three Property or the 200% Rules, the exchanger will be treated as if no replacement property was identified unless they actually receive a replacement property worth at least 95% of the aggregate fair market value of all of the identified replacement properties.

If you are considering a 1031 Exchange or involved in one now, do the simple and smart thing to help protect your exchange by using a DST backup plan with the three different identification approaches. 

For more information, please feel free to contact our team!

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Daniel Raupp

Under Daniel Raupp's guidance since 2000, Fortitude Investment Group, LLC has guided clients into over $1 billion worth of securitized real estate investment offerings directly and indirectly, in both the DSTs for 1031 Exchanges and REITs. In the areas of real estate, tax advantaged investments, insurance, retirement, and estate planning, he is able to set up comprehensive, individually tailored client portfolios designed to help remove market volatility and maximize income potential without undue risk.

Inspired by his father’s dedication to customer service and hard work, Daniel directs a range of strategic initiatives in the firm to successfully leverage core competencies in tax efficient investing, alternative investments, and operational excellence to create customer value. His credentials include a Series 7 General Securities Representative (GS) License, Series 24 Principal of General Representatives License, Series 63 Uniform Securities Agent License, and a Life/Accident and Health Agent License. Check Daniel’s background on FINRA’s BrokerCheck.

This is for informational purposes only and is not an offer to buy/sell an investment. There are risks associated with investing in Delaware Statutory Trust (DST) and real estate investment properties including, but not limited to, loss of entire principal, declining market value, tenant vacancies and illiquidity. Diversification does not guarantee profits or guarantee protection against losses. Potential cash flows/returns/appreciation are not guaranteed and could be lower than anticipated. Because investors situations and objectives vary this information is not intended to indicate suitability for any particular investor. This information is not meant to be interpreted as tax or legal advice. Please speak with your legal and tax advisors for guidance regarding your particular situation.

Securities offered through Concorde Investment Services, LLC (CIS), member FINRA/SIPC. Advisory services offered through Concorde Asset Management, LLC (CAM), an SEC registered investment adviser. Insurance products offered through Concorde Insurance Agency, Inc. (CIA) Fortitude Investment Group is independent of CIS, CAM, and CIA.

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