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Delaware Statutory Trusts

Passive, fractional ownership of institutional real estate that qualifies as 1031 replacement property — professionally managed, debt pre-arranged, and accessible at lower minimums than whole assets.

2004
IRS Rev. Rul. 2004-86
$25K+
Typical minimum
Passive
No landlord duties
100%
Of equity 1031-eligible
Overview

A Delaware Statutory Trust lets you own a fractional, beneficial interest in institutional-grade real estate — and, because the IRS treats that interest as like-kind real property, use it to complete a 1031 exchange.

A Delaware Statutory Trust (DST) is a legal entity that holds title to one or more real estate assets on behalf of many investors. Each investor owns a beneficial interest in the trust rather than a deeded piece of the property, and the trust — through a professional sponsor — handles financing, management, and eventual sale. In 2004, IRS Revenue Ruling 2004-86 confirmed that a properly structured DST interest is treated as like-kind real property, making it eligible as 1031 exchange replacement property.

For investors selling appreciated real estate, that ruling is the whole point: a DST can absorb exchange proceeds — including the debt that must be replaced — without the investor signing on a new loan or managing a building. Minimums are typically $25,000 to $100,000, so a single exchange can be diversified across several DSTs, property types, and sponsors.

How it works
01

Sponsor acquires the asset

A DST sponsor buys an institutional property (or portfolio), arranges any non-recourse financing, and places it into the trust before investors come in.

02

You purchase beneficial interests

Through a broker-dealer, accredited investors buy interests via private placement memorandum, often using 1031 exchange proceeds within the 45/180-day windows.

03

The sponsor manages, you receive distributions

All operations — leasing, capital projects, lender relations — are handled by the sponsor and its asset manager. Investors receive their pro-rata share of cash flow, typically monthly.

04

Full-cycle sale or 721 roll-up

When the trust sells, investors can 1031 again into a new DST, exchange into a REIT via a 721 UPREIT, or cash out and pay deferred tax.

By the numbers

Average current distribution by DST sector

Going-in yield · Q2 2026 · see Data Center for live benchmarks
Benefits

Truly passive

No tenants, toilets, or trash — the sponsor runs everything. DSTs are popular with investors exiting active management.

Debt comes pre-packaged

Non-recourse debt is arranged at the trust level, satisfying the 1031 requirement to replace debt without a personal loan application.

Diversification

Lower minimums let one exchange spread across sectors, geographies, and multiple sponsors instead of a single replacement building.

Backup-strategy fit

Because a DST can close quickly, it is widely used as an identified backup so an exchange doesn't fail at the 45-day mark.

Considerations & risks

Illiquidity

DSTs are long-term, illiquid holdings — typically 5–10 years — with no public secondary market. Plan to hold to the sponsor's full cycle.

No investor control

The '7 deadly sins' rules that protect 1031 status also prohibit investors from making management decisions; you are a passive owner.

Fees and load

Syndicated DSTs carry sponsor, broker-dealer, and ongoing fees that reduce net return; compare load and projected distributions across offerings.

Market and sponsor risk

Returns depend on the sponsor's execution and on real estate fundamentals. Diversify across sponsors and read each PPM's risk factors.

Compare

DST vs. direct property vs. tenant-in-common (TIC)

DST vs. direct property vs. tenant-in-common (TIC)
FeatureDSTDirect propertyTIC
1031 eligibleYes (Rev. Rul. 2004-86)YesYes
Number of investorsUnlimited1Up to 35
ManagementSponsor (passive)Owner (active)Shared / manager
FinancingNon-recourse, pre-arrangedInvestor-arrangedEach co-owner signs
Typical minimum$25K–$100KFull asset priceLarger
Decision-makingNone (by design)FullUnanimous on key items

General comparison; specific offerings vary. Not tax or legal advice.

Frequently asked questions

What is a Delaware Statutory Trust (DST)?

A DST is a legal entity that holds title to institutional real estate and lets multiple investors own fractional beneficial interests. The IRS treats a properly structured DST interest as like-kind real property, so it can serve as 1031 replacement property — giving investors passive, professionally managed ownership.

Can I use a DST for a 1031 exchange?

Yes. Under IRS Revenue Ruling 2004-86, a beneficial interest in a properly structured DST qualifies as like-kind replacement property for a 1031 exchange, subject to the 45-day identification and 180-day closing deadlines.

What is the typical minimum investment in a DST?

Most DSTs accept $25,000 to $100,000 for 1031 exchange investors, and sometimes higher for cash investors. Lower minimums let a single exchange be diversified across several offerings.

How long is a DST held?

DSTs are illiquid, long-term investments. Sponsors typically target a 5–10 year hold before selling the asset (a 'full cycle'), at which point investors can exchange again or cash out.

What happens when a DST sells?

At full cycle, investors generally can complete another 1031 exchange into a new DST, contribute into a REIT through a 721 UPREIT exchange, or take cash and pay the deferred tax.

Are DSTs risky?

Yes — DSTs are speculative, illiquid private placements sold only to accredited investors, with risk of loss of principal, no guarantee of distributions, and dependence on sponsor execution and real estate markets. Read each offering's PPM.

Glossary

Beneficial interest
An investor's ownership share in a DST; treated by the IRS as a direct interest in real property for 1031 purposes.
Rev. Rul. 2004-86
The 2004 IRS ruling confirming that a properly structured DST interest qualifies as like-kind replacement property.
Full cycle
A DST program that has been acquired, held, and sold — so its realized investor return can be measured.
Non-recourse debt
Loan secured only by the property; the lender cannot pursue investors personally, satisfying the 1031 debt-replacement rule.
Sponsor
The firm that acquires the asset, structures the trust, and manages it on investors' behalf.
Seven deadly sins
IRS restrictions on a DST trustee (e.g., no new capital, no renegotiating leases) that preserve 1031 eligibility and make the investment passive.

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This page is educational and is not tax, legal, or investment advice or an offer of any security. Tax treatment depends on your individual circumstances and current law, and a 1031, 721 (UPREIT), or Opportunity Zone transaction may fail to qualify for the intended deferral or exclusion. The benefits described carry corresponding risks, including illiquidity and possible loss of principal; consult your own CPA and attorney. These are private placements offered under Regulation D (Rule 506(b) or 506(c), depending on the offering) to accredited investors only; where an offering is conducted under Rule 506(c), accredited status is verified before subscription. Securities offered through Aurora Securities, Inc. (CRD #46147 / SEC #8-51322), member FINRA/SIPC; Baker 1031 Investments is independent of Aurora and is not a registered broker-dealer or investment adviser.