REITs and Delaware Statutory Trusts (DSTs) are often discussed together because both let investors own income-producing real estate without managing it directly. But for an investor weighing them — especially one with a property sale and capital-gains tax to consider — the two are quite different. The single most important distinction is tax treatment in an exchange: a DST is fractional, passive real estate that qualifies as like-kind property for a 1031 exchange, so it can defer capital-gains tax, while a REIT share is a security that is not 1031-eligible. Beyond that, they differ in liquidity, income profile, diversification, and how they fit an estate plan. This guide compares REITs and DSTs at a glance, explains why 1031 eligibility matters, examines income and control differences, compares liquidity, and lays out when to choose each. Note that Baker 1031 does not provide tax or legal advice — verify the current rules and your specific situation with your tax advisor; this is educational information, not investment advice.
REIT vs. DST at a Glance
At a high level, REITs and DSTs both give investors passive exposure to income-producing real estate, but they serve different purposes. A REIT is a company that owns or finances a diversified portfolio of real estate and pays out most of its income as dividends; if publicly traded, its shares are liquid and priced daily. A DST is a trust that holds one or a few specific properties, in which investors own fractional beneficial interests, receiving a share of the rental income.
The defining difference is 1031 eligibility. A DST interest is treated as like-kind real property, so it qualifies as replacement property in a 1031 exchange — letting an investor sell appreciated real estate and reinvest the proceeds into a DST to defer capital-gains tax. A REIT share, by contrast, is a security, not real property, so it can't be used to complete a 1031 exchange. So if tax deferral on a property sale is the goal, the DST is the 1031-eligible option and the REIT is not.
So REITs and DSTs both offer passive real estate, but they diverge sharply on 1031 eligibility, liquidity, and structure. So the at-a-glance view frames the comparison. REIT vs. DST at a glance — a REIT being a company owning a diversified real estate portfolio and paying dividends (liquid if traded), versus a DST being a trust holding specific properties in which investors own 1031-eligible fractional interests for income — shows the two as passive but distinct vehicles. The defining split is 1031 eligibility. Understanding the overview frames the comparison. REITs and DSTs both offer passive real estate, but a DST is 1031-eligible like-kind property for deferral, while a REIT share is a non-1031-eligible security that's liquid if traded.
1031 Eligibility: Why It Matters
The 1031 eligibility difference is the most consequential one for many investors. A 1031 exchange lets you sell investment real estate and reinvest the proceeds into like-kind replacement real estate while deferring the capital-gains tax you'd otherwise owe. To qualify, the replacement must be like-kind real property. A DST interest is structured to be treated as a direct interest in real property (under IRS Revenue Ruling 2004-86), so it qualifies as 1031 replacement property — making DSTs a popular landing spot for 1031 exchangers who want a passive replacement.
A REIT share doesn't qualify, because it's a security (an interest in a company), not like-kind real property. So you can't sell a property and 1031 directly into REIT shares to defer your gain. There is, however, a bridge: an investor can 1031 into a DST, and if the DST's property is later acquired by a REIT through a 721 (UPREIT) exchange, the investor's interest converts into operating-partnership units (and eventually, potentially, REIT shares) while maintaining the tax deferral. So REIT exposure can be reached after a 1031 — but not by exchanging directly into a REIT.
So 1031 eligibility is the dividing line: DSTs defer tax on a property sale, REIT shares don't (though a DST-to-721 path can ultimately reach a REIT). So this difference drives the choice for exchangers. 1031 eligibility — a DST interest qualifying as like-kind real property for a 1031 exchange (deferring capital-gains tax on a property sale), versus a REIT share being a security that doesn't qualify, with a 1031-into-DST-then-721-into-REIT path as the only bridge to REIT exposure with deferral — is the most consequential difference. DSTs defer; REITs don't directly. Understanding it drives the choice for exchangers. The key difference is 1031 eligibility: a DST is like-kind real property that defers capital-gains tax, while a REIT share is a non-qualifying security — REIT exposure is reachable only via a DST-then-721 path.
If you're sitting on a property sale and a big capital-gains bill, this is the whole ballgame: a DST can defer that tax, a REIT share cannot — and no amount of similarity in the underlying real estate changes that.
Income & Control Differences
REITs and DSTs differ in their income profiles and in how much control and diversification they offer. A DST typically holds one or a few specific properties and passes through the net rental income to investors, often targeting steady current income over a defined hold (commonly around five to seven years) before the property is sold. Investors are passive — they don't manage the property — and the income comes from a known, specific asset or small set of assets.
A REIT owns a large, diversified portfolio of properties (or, for a mortgage REIT, real estate debt) and distributes income as dividends; income REITs emphasize steady current yield, while growth REITs reinvest for appreciation. A REIT offers more diversification (many properties, often many markets and sometimes sectors) than a single-property DST, but the investor has no control over the specific assets — you own shares in the company, not a stake in particular buildings. So a DST offers concentrated, specific-property income with a defined hold, while a REIT offers diversified, portfolio-level income with no fixed term.
So income and control differ: DSTs are concentrated, specific, and finite-hold; REITs are diversified, portfolio-level, and open-ended. So these differences shape the experience of each. Income and control differences — a DST holding specific properties, passing through known rental income over a defined hold (often around five to seven years) with passive investors, versus a REIT owning a diversified portfolio and paying dividends (income or growth oriented) with more diversification but no control over specific assets and no fixed term — distinguish the two. DSTs are concentrated and finite; REITs are diversified and open-ended. Understanding this shows the experiential differences. DSTs offer concentrated, specific-property income over a defined hold; REITs offer diversified, portfolio-level dividend income with no fixed term and no control over individual assets.
Liquidity Comparison
Liquidity is another clear difference, and it depends partly on which REIT you're comparing. A DST is illiquid: you generally can't readily sell your fractional interest, and you remain invested until the sponsor sells the underlying property (typically after a multi-year hold). There's limited or no secondary market, so a DST is a commitment for the duration of the hold — appropriate for investors who want income over a defined period and don't need access to their capital.
A publicly traded REIT, by contrast, is highly liquid — its shares trade on an exchange, so you can buy or sell any trading day at a market price. A non-traded REIT sits in between: it's illiquid like a DST, offering only limited, capped redemptions. So a publicly traded REIT is far more liquid than a DST, while a non-traded REIT is comparably illiquid. This matters for investors who value the ability to exit, though it must be weighed against the DST's 1031 eligibility, which the liquid traded REIT lacks.
So liquidity favors publicly traded REITs strongly, with DSTs and non-traded REITs both illiquid — a trade-off against the DST's tax advantages. So liquidity is a key axis of comparison. Liquidity comparison — a DST being illiquid (held until the property is sold, with little secondary market), a publicly traded REIT being highly liquid (exchange-traded, daily), and a non-traded REIT being illiquid like a DST — shows liquidity favoring traded REITs, while DSTs and non-traded REITs require a multi-year commitment. The traded REIT's liquidity comes without 1031 eligibility, though. Understanding liquidity completes the comparison. Publicly traded REITs are highly liquid; DSTs and non-traded REITs are illiquid — but the DST's illiquidity comes with the 1031 eligibility that the liquid traded REIT lacks.
- Both REITs and DSTs offer passive real estate, but a DST is 1031-eligible like-kind property and a REIT share is not.
- 1031 eligibility is the dividing line: a DST defers capital-gains tax on a property sale; a REIT share cannot (a DST-then-721 path can reach a REIT).
- DSTs offer concentrated, specific-property income over a defined hold; REITs offer diversified, portfolio-level dividend income with no fixed term.
- Publicly traded REITs are highly liquid; DSTs and non-traded REITs are illiquid — a trade-off against the DST's tax advantages.
Estate Planning and the Step-Up
Estate planning is an area where DSTs and REITs interact differently with the tax code, and it's often overlooked. A DST used in a 1031 exchange defers capital-gains tax, and if the investor holds the DST interest until death, heirs generally receive a step-up in basis to fair market value — which can eliminate the deferred capital-gains tax entirely. This 'swap till you drop' dynamic makes DSTs (and 1031 exchanges generally) a powerful tool for passing real estate to heirs tax-efficiently.
A publicly traded REIT share also receives a step-up in basis at death (like other appreciated securities), which can eliminate the capital-gains tax on the share's appreciation for heirs. But because a REIT share isn't 1031-eligible, it can't be used to defer tax on a prior property sale in the first place — so the REIT doesn't offer the same deferral-then-step-up path from a property sale that the DST does. So both can benefit from a step-up, but only the DST provides the 1031 deferral leading into it.
So estate planning favors the DST for an investor seeking to defer a property-sale gain and pass it to heirs with a step-up, while a REIT share offers a step-up on the share itself but no prior deferral. So the estate-planning angle reinforces the 1031 distinction. Estate planning and the step-up — a DST deferring a property-sale gain and, if held until death, passing to heirs with a basis step-up that can erase the deferred tax ('swap till you drop'), versus a REIT share receiving a step-up on the share but offering no 1031 deferral from a property sale — distinguish the two for legacy planning. The DST uniquely combines deferral and step-up. Understanding it reinforces the 1031 distinction. For estate planning, a DST can defer a property-sale gain and pass to heirs with a step-up that erases the tax, while a REIT share gets a step-up but provides no prior 1031 deferral.
The DST's quiet superpower is the combination: defer the gain on your property sale now, collect income for years, then pass the interest to heirs with a stepped-up basis that can wipe the deferred tax away.
When to Choose Each
Choosing between a REIT and a DST comes down to your situation and goals. A DST tends to fit an investor who has sold (or is selling) investment real estate and wants to defer the capital-gains tax through a 1031 exchange while moving to passive ownership — someone who wants real estate income over a defined hold, doesn't need liquidity, and may want the eventual step-up for heirs. The DST is purpose-built for the 1031 exchanger seeking a passive replacement.
A REIT tends to fit an investor who isn't doing a 1031 exchange and wants liquid, diversified real estate exposure — someone investing new capital (not exchange proceeds), who values daily liquidity (a traded REIT) and broad diversification, and who is comfortable with market pricing and volatility. A REIT is also the choice when you want growth-oriented or sector-specific real estate exposure that a single DST can't provide. For some investors, a DST-then-721-into-REIT path combines both — deferral first, then eventual REIT diversification and liquidity.
So choose a DST for 1031 deferral and passive, defined-hold income, and a REIT for liquid, diversified exposure with new capital. So matching the vehicle to your goal is the decision. When to choose each — a DST fitting a 1031 exchanger wanting to defer a property-sale gain and own passive, defined-hold income real estate (and possibly a step-up for heirs), versus a REIT fitting an investor with new capital wanting liquid, diversified exposure (with a DST-then-721 path bridging both) — depends on whether tax deferral and the source of capital point to one or the other. Match the vehicle to your goal. Understanding this guides the decision. Choose a DST for 1031 deferral and passive defined-hold income; choose a REIT for liquid, diversified exposure with new capital — and consider a DST-then-721 path to bridge both.
How Baker 1031 Helps You Choose
Baker 1031 Investments helps investors compare REITs and DSTs — the at-a-glance differences, the 1031 eligibility that sets them apart, the income and control differences, the liquidity comparison, the estate-planning angle, and when to choose each — so you can select the vehicle that fits your tax situation, income goals, liquidity needs, and legacy plans.
DST and REIT interests and related securities are offered through the broker-dealer, Aurora Securities, Inc. (member FINRA/SIPC), and any recommendation follows a suitability review — DSTs and non-traded or private REITs typically require accredited or otherwise suitable investors, while publicly traded REITs trade through ordinary brokerage accounts. Because the central difference is 1031 eligibility, the choice often turns on whether you're deferring a property-sale gain — and Baker 1031 specializes in 1031 and 721 strategies. Baker 1031 does not provide tax or legal advice; your CPA and attorney confirm your 1031 eligibility, the tax treatment, and the estate-planning details, which are technical and time-sensitive. We help you understand the trade-offs, and, if a DST or REIT is suitable, access it and coordinate with your tax professionals. Neither yields nor returns are promised, and past performance doesn't guarantee future results. Our role is to help you choose the right vehicle for your goals and invest only when suitable.
Frequently Asked Questions
What is the main difference between a REIT and a DST?
The main difference is 1031 eligibility. A DST (Delaware Statutory Trust) interest is treated as like-kind real property, so it qualifies as replacement property in a 1031 exchange — letting an investor sell appreciated real estate and reinvest into a DST to defer capital-gains tax. A REIT share is a security (an interest in a company), not real property, so it can't be used to complete a 1031 exchange. Beyond that, a DST typically holds one or a few specific properties in which investors own fractional interests over a defined hold, while a REIT owns a large, diversified portfolio and pays dividends, with publicly traded REITs offering daily liquidity. So both are passive real estate vehicles, but they diverge sharply on 1031 eligibility, diversification, liquidity, and structure. For an investor deferring a property-sale gain, the DST is the 1031-eligible choice; for liquid, diversified exposure with new capital, the REIT fits. The 1031 distinction is the defining one.
Can I do a 1031 exchange into a REIT?
No — you can't complete a 1031 exchange directly into a REIT, because REIT shares are securities, not like-kind real property. A 1031 exchange requires the replacement to be like-kind real estate held for investment or business, and a REIT share is an interest in a company, so it doesn't qualify. There is, however, an indirect path to REIT exposure that preserves deferral: you can 1031 into a DST (which is 1031-eligible like-kind real property), and if the DST's property is later acquired by a REIT through a 721 (UPREIT) exchange, your interest converts into operating-partnership units — and eventually, potentially, REIT shares — while maintaining your tax deferral. So a direct 1031 into a REIT isn't possible, but a 1031-into-DST-then-721-into-REIT structure can ultimately give you REIT exposure with the deferral intact. Confirm the specifics and timing with your tax advisor, as this path is technical and depends on the particular DST and REIT involved.
Is a DST or a REIT more diversified?
Generally, a REIT is more diversified than a single DST. A REIT owns a large portfolio of properties — often across many markets, and sometimes across multiple property sectors — so a single REIT share gives you exposure to a broad pool of real estate, and a REIT fund or ETF diversifies further across many REITs. A DST, by contrast, typically holds one or a few specific properties, so your investment is concentrated in those particular assets. This concentration is part of what makes a DST work for a 1031 exchange (you're investing in identifiable real property), but it means less diversification than a REIT. Some 1031 investors address this by spreading their exchange proceeds across multiple DSTs (different sponsors, sectors, and markets) to build diversification. So if breadth of diversification is your priority, a REIT generally offers more; if 1031 deferral is the priority, a DST is the eligible choice, and diversifying across several DSTs can help. The trade-off reflects the different purposes of each vehicle.
Which has better income, a REIT or a DST?
Both can provide income, but the income profiles differ. A DST passes through the net rental income from its specific properties, often targeting steady current distributions over a defined hold (commonly around five to seven years) — the income comes from known, identifiable assets. A REIT distributes dividends from its portfolio; income REITs emphasize steady, often-higher current yield, while growth REITs pay less now in favor of appreciation. So which offers 'better' income depends on the specific DST or REIT and your definition of better — a DST offers concentrated, specific-property income over a finite term, while an income REIT offers diversified, portfolio-level income with no fixed term and the potential for growing distributions. Neither's income is guaranteed; both depend on the underlying real estate performing. So compare the actual offerings rather than the vehicle type in the abstract. The right choice often turns less on income alone and more on 1031 eligibility, liquidity, and your time horizon, with income as one factor among several.
Can I move from a DST into a REIT later?
Yes — there's a specific path for this, and it's a key reason DSTs and REITs are often discussed together. After you've completed a 1031 exchange into a DST, the DST's sponsor may, at some point, have the DST's property acquired by a REIT through a 721 (UPREIT) exchange. In that transaction, your DST interest converts into operating-partnership (OP) units of the REIT's operating partnership, and those OP units can typically be converted into REIT shares over time. Crucially, this maintains your tax deferral — you don't trigger the capital-gains tax you deferred in the original 1031. So you can effectively move from a DST into a REIT (gaining the REIT's diversification and, eventually, potential liquidity) while keeping your deferral intact. The trade-off is that once you convert OP units to REIT shares and sell, you're then dealing with a security (not 1031-eligible real property), so the deferral chain ends there. Confirm the mechanics and timing with your tax advisor, as 721 transactions are technical.
Why isn't a REIT share treated as real property for a 1031?
Because a REIT share is, legally, an interest in a corporation (or trust treated as one) — a security — not a direct interest in real estate. A 1031 exchange requires the exchange of like-kind real property held for investment or business use, and the tax law specifically excludes interests in entities (such as stocks, bonds, and partnership or REIT interests) from like-kind treatment. When you own a REIT share, you own a piece of a company that owns real estate; you don't own the underlying real property itself, so your interest doesn't qualify as like-kind real property. A DST interest, by contrast, is structured under IRS Revenue Ruling 2004-86 so that each investor is treated as owning a direct, undivided interest in the underlying real property — which is why a DST qualifies for a 1031 and a REIT share doesn't. So it's the legal character of the interest (security versus direct real property interest) that determines 1031 eligibility, not the fact that both ultimately involve real estate. Confirm specifics with your tax advisor.
Do REITs and DSTs both let me invest passively?
Yes — both REITs and DSTs are passive investments in the sense that you don't manage the underlying real estate. With a DST, the sponsor handles all property management, leasing, and operations; you hold a fractional beneficial interest and receive your share of the income without landlord responsibilities. With a REIT, the REIT's management runs the portfolio; you own shares and receive dividends, again with no operational involvement. So both relieve you of the active work of direct ownership — no tenants, maintenance, or financing to manage. The differences lie elsewhere: 1031 eligibility (DST yes, REIT no), liquidity (a traded REIT is liquid; a DST is not), diversification (a REIT's portfolio versus a DST's specific properties), and term (a DST's defined hold versus a REIT's open-ended nature). So if passivity is your goal, both deliver it; the choice between them turns on those other factors — especially whether you're deferring a property-sale gain, which points to the DST. Match the vehicle to your full set of goals.
What happens to a DST at the end of its hold?
A DST has a defined life: the sponsor holds the property for a period (commonly around five to seven years), and then sells it. When the property is sold, the DST is wound down and investors receive their share of the proceeds. At that point, you have a choice — you can take the proceeds (and pay any deferred capital-gains tax then due), or you can roll them into another 1031 exchange (into another DST or other like-kind real property) to continue deferring the tax. Some DSTs also offer a 721/UPREIT path, where the property is acquired by a REIT and your interest converts to OP units, continuing deferral in REIT form. So at the end of a DST's hold, you're not stuck — you can cash out, exchange again, or potentially move into a REIT structure, depending on the situation and your goals. A REIT, by contrast, has no fixed end date — you hold the shares until you choose to sell. So the DST's finite term requires a plan for the eventual sale, which is worth thinking through in advance with your advisor and CPA.
Are DSTs and REITs available to all investors?
Not entirely — availability differs. Publicly traded REITs are available to virtually any investor through an ordinary brokerage account, with no special qualification required. DSTs, and non-traded or private REITs, are different: they're offered through a broker-dealer, typically require accredited or otherwise suitable investors, often have investment minimums, and involve a suitability review before you invest. This reflects their illiquidity and complexity — they're meant for investors who can commit capital for the relevant term and for whom the investment is appropriate. So a publicly traded REIT is broadly accessible, while a DST or non-traded REIT involves a qualification and suitability process. For a 1031 exchanger, the DST's accreditation and suitability requirements are part of the process of accessing a passive replacement property. So if you're considering a DST or a non-traded REIT, expect a suitability review and confirm you meet the requirements; if you simply want liquid REIT exposure with new capital, a publicly traded REIT is broadly available. Work with a broker-dealer for the gated options.
Should I choose a REIT or a DST?
The choice comes down to your situation. Choose a DST if you've sold (or are selling) investment real estate and want to defer the capital-gains tax through a 1031 exchange while moving to passive ownership — a DST is purpose-built for the 1031 exchanger who wants passive, defined-hold income real estate and may want the eventual step-up for heirs. Choose a REIT if you're not doing a 1031 exchange and want liquid, diversified real estate exposure with new capital — a publicly traded REIT offers daily liquidity, broad diversification, and low minimums, and is also the choice for growth-oriented or sector-specific exposure a single DST can't provide. For some investors, a DST-then-721-into-REIT path combines both — deferral first, then eventual REIT diversification and liquidity. So the deciding questions are whether you're deferring a property-sale gain (favoring the DST) and whether you value liquidity and diversification with new capital (favoring the REIT). Match the vehicle to your tax situation and goals, ideally with guidance from your advisor and CPA, and invest only when the choice is suitable for you.
Do both a REIT and a DST get a step-up in basis at death?
Yes — both a REIT share and a DST interest can receive a step-up in basis at the owner's death, like other appreciated assets, which can eliminate the capital-gains tax on the appreciation for heirs. But there's an important difference in what leads up to that step-up. A DST used in a 1031 exchange defers the capital-gains tax from a property sale; if you hold the DST interest until death, heirs get the step-up, which can erase that deferred tax entirely — the 'swap till you drop' strategy. A REIT share also gets a step-up on the share's own appreciation, but because a REIT share isn't 1031-eligible, it can't be used to defer a prior property-sale gain in the first place — so it doesn't offer the same defer-then-step-up path from a property sale that the DST does. So both benefit from a step-up, but only the DST uniquely combines 1031 deferral with the eventual step-up. For estate planning around a property-sale gain, this reinforces the DST's advantage. Confirm the details with your estate and tax advisors.
Are DSTs or REITs riskier?
Each carries different risks, so 'riskier' depends on the dimension. A DST is concentrated (one or a few specific properties), illiquid (you're committed until the property sells), and dependent on the sponsor's execution and the specific assets — so it carries concentration, illiquidity, and sponsor risk, though it isn't subject to daily market-price swings. A publicly traded REIT is diversified across many properties but is marked to market daily, so it carries market volatility and interest-rate sensitivity, and its price can fall even when the underlying properties are stable. A non-traded REIT shares the DST's illiquidity plus the REIT's underlying risks. So a DST's risks center on concentration, illiquidity, and the specific deal, while a traded REIT's center on market volatility and rate sensitivity (offset by diversification). Neither is categorically safer; they're different risk profiles. So assess the specific investment — the properties, sponsor or management, leverage, and structure — rather than assuming one vehicle type is inherently riskier. Diversification, sponsor quality, and appropriate sizing help manage the risks in both, but don't eliminate them.
Can I hold both REITs and DSTs in my portfolio?
Yes — many investors hold both, because they serve different purposes and can complement each other. You might use a DST to defer the capital-gains tax on a property sale through a 1031 exchange (gaining passive, defined-hold income real estate with potential estate-planning benefits), while also holding REITs for liquid, diversified real estate exposure with new capital (for income, growth, or both). Together, they can give you both the tax-deferral and legacy advantages of the DST and the liquidity and diversification of the REIT. The vehicles aren't mutually exclusive — they address different needs (deferring an exchange gain versus deploying new capital liquidly), and a diversified real estate allocation can reasonably include both. So holding both REITs and DSTs can make sense depending on your goals, the source of your capital, and your tax situation. As always, size each allocation appropriately, diversify within each, and ensure the investments are suitable for you — a suitability review applies to DSTs and non-traded REITs. Coordinate with your advisor and CPA to structure the combination sensibly.
Is a DST or a REIT better for a retiree seeking income?
Both can serve a retiree seeking income, but the right fit depends on the retiree's situation. A DST suits a retiree who has investment real estate to sell and wants to defer the capital-gains tax through a 1031 exchange while shifting from active landlording to passive income — it provides a share of rental income over a defined hold, relieves management burdens, and can pass to heirs with a step-up in basis that erases the deferred tax, making it powerful for legacy planning. A REIT suits a retiree investing new capital who wants liquid, diversified income — an income-oriented publicly traded REIT offers regular dividends, daily liquidity if circumstances change, and broad diversification, though with market-price volatility. So a retiree exiting direct real estate and prioritizing deferral and legacy may favor a DST, while one deploying new savings and valuing liquidity may favor a REIT. Many retirees use both. Neither's income is guaranteed, and illiquidity (DST and non-traded REIT) must fit the retiree's cash-flow needs. A suitability review and coordination with the retiree's advisor and CPA help confirm the right fit.
How does Baker 1031 help me choose between a REIT and a DST?
We help investors compare REITs and DSTs — the at-a-glance differences, the 1031 eligibility that sets them apart, the income and control differences, the liquidity comparison, the estate-planning angle, and when to choose each — so you can select the vehicle that fits your tax situation, income goals, liquidity needs, and legacy plans. DST and REIT interests are offered through the broker-dealer, Aurora Securities, Inc. (member FINRA/SIPC), and any recommendation follows a suitability review; DSTs and non-traded or private REITs typically require accredited or otherwise suitable investors, while publicly traded REITs trade through ordinary brokerage. Because the central difference is 1031 eligibility, the choice often turns on whether you're deferring a property-sale gain — and we specialize in 1031 and 721 strategies. Baker 1031 doesn't provide tax or legal advice; your CPA and attorney confirm your 1031 eligibility, the tax treatment, and the estate-planning details. We help you understand the trade-offs and, if suitable, access a DST or REIT. Neither yields nor returns are promised, and past performance doesn't guarantee future results.
Glossary
- REIT
- A company that owns or finances income-producing real estate.
- DST
- A Delaware Statutory Trust holding 1031-eligible fractional real estate.
- 1031 Exchange
- A tax-deferred swap of like-kind investment real estate.
- Like-Kind Real Property
- The real estate a 1031 requires (a DST qualifies; a REIT share doesn't).
- 721 / UPREIT Exchange
- Contributing property to a REIT for OP units, preserving deferral.
- Operating Partnership (OP) Units
- Units received in a 721 exchange, convertible to REIT shares.
- Revenue Ruling 2004-86
- The IRS ruling treating a DST interest as real property for 1031.
- Fractional Interest
- A DST investor's share of the specific property.
- Capital-Gains Deferral
- Postponing the tax on a property-sale gain (via a DST/1031).
- Step-Up in Basis
- The basis reset at death that can erase deferred gain.
- Defined Hold
- A DST's multi-year period (often ~5-7 years) before sale.
- Diversification
- A REIT's portfolio breadth versus a single-property DST.
- Publicly Traded REIT
- An exchange-listed, liquid REIT (no 1031 eligibility).
- Non-Traded REIT
- An unlisted, illiquid REIT (also not 1031-eligible).
- Passive Ownership
- Owning real estate without managing it (both REIT and DST).
- Suitability Review
- Assessing whether a DST or REIT fits the investor.
Sources & References
- Cornell Legal Information Institute. 26 U.S. Code § 1031 — Exchange of real property held for productive use or investment
- IRS. Revenue Ruling 2004-86 (Delaware Statutory Trusts)
- U.S. Securities and Exchange Commission. Investor.gov — Real Estate Investment Trusts (REITs)
- Nareit. What's a REIT (Real Estate Investment Trust)?
Disclosures
This article is published by Baker 1031 Investments, LLC for general educational purposes for accredited investors and is not an offer to sell or a solicitation of an offer to buy any security, nor is it tax, legal, accounting, or investment advice or a recommendation. Any securities offering is made solely through a sponsor’s private placement memorandum (PPM) following a suitability determination. Securities offered through Aurora Securities, Inc. (ASI), member FINRA / SIPC; Baker 1031 Investments is independent of ASI.
Oil & gas mineral and royalty interests and DST programs are speculative, illiquid securities sold only to verified accredited investors and involve substantial risk, including possible loss of principal, commodity-price and production-decline risk, lack of control, and the risk that an intended 1031 exchange fails to qualify for tax deferral. Whether a particular interest qualifies as like-kind real property is a fact-specific legal determination that varies by state and by the terms of the instrument. Tax results depend on your individual circumstances. Consult your own CPA and attorney before acting. Past performance does not guarantee future results.
