M id A tlantic Real Estate Journal — December 18 - January 14, 2020 — 5A


M id A tlantic R eal E state J ournal

By The Kay Properties Team What Properties Can be used in a 1031 Exchange?

f you are interested in sell- ing your real estate, the phrase “1031 Exchange” has certainly come up once or twice in your research, as an outright sale can trigger large tax consequences. The capital gains and deprecia- tion recapture taxes can be a serious dent in the return you expected to earn from the sale of your real estate. A 1031 ex- change is a process by which an investor can defer the taxes they would pay upon sale of their investment property. It is important to understand how the 1031 exchange can be utilized. A 1031 exchange may be performed if the property sold and the following property or properties purchased are both considered investment property. Investment proper- ties are those that are used for business or investment purposes. Raw land, land with mineral rights, multi-family, and commercial real estate can all qualify as “like-kind” for the purposes of a 1031 exchange. Any property that falls outside that definition would not qualify. A primary residence or any property in which one stays more than two weeks in a year is NOT consid- ered an investment property. Again, an investment prop- erty must be exchanged for another investment prop- erty. Properties can only be exchanged if they are used for investment purposes like residential rentals, multifam- ily, condominiums for rent, commercial, industrial, retail etc. Furthermore, there are many 1031 exchange alter- natives one may consider. A Delaware Statutory Trust is a great example. With DST real estate, an investor is able to exchange into properties and own a fractional interest in the real estate. Instead of invest- ing the entirety of the proceeds into another property, one for one, an individual is able to invest in multiple pieces of property as a fractional and passive owner. Under the DST structure, fractional real estate ownership is still considered eligible for 1031 ex- change. This is a helpful way to potentially diversify into a portfolio of properties, thereby buffering the risk of having “all your eggs in one basket” by buying a single property. Utilizing the DST structure, one can own fractional inter- est of multiple properties with I

does not guarantee profits or protect against losses. Kay Properties is a na- tional Delaware Statutory Trust (DST) investment firm. The www.kpi1031.com platform provides access to the marketplace of DSTs from over 25 different sponsor com- panies, custom DSTs only available to Kay clients, inde- pendent advice on DST sponsor companies, full due diligence and vetting on each DST (typi- cally 20-40 DSTs) and a DST secondary market. Kay Proper- ties teammembers collectively have over 115 years of real estate experience, are licensed

in all 50 states, and have par- ticipated in over 15 Billion of DST 1031 investments. This material does not con- stitute an offer to sell nor a so- licitation of an offer to buy any security. Such offers can be made only by the confidential Private Placement Memorandum (the “Memorandum”). Please read the entire Memorandum paying special attention to the risk sec- tion prior investing. IRC Section 1031, IRC Section 1033 and IRC Section 721 are complex tax codes therefore you should consult your tax or legal professional for details regarding your situation. There are material risks associ- ated with investing in real estate securities including illiquidity, vacancies, general market condi-

tions and competition, lack of operating history, interest rate risks, general risks of owning/ operating commercial and mul- tifamily properties, financing risks, potential adverse tax conse- quences, general economic risks, development risks and long hold periods. There is a risk of loss of the entire investment principal. Past performance is not a guar- antee of future results. Potential cash flow, potential returns and potential appreciation are not guaranteed. Securities offered through Growth Capital Services member FINRA, SIPC Office of Supervisory Jurisdiction located at 582 Market Street, Suite 300, San Francisco, CA 94104. MAREJ

the opportunity for several geographic locations as well as with various asset manag- ers running each real estate investment as part of a diversi- fied 1031 solution into DSTs. These are illustrative ex- amples of 1031 DST offerings. Future available 1031 DST offerings and tenants may be different. Diversification

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