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The 1031 Exchange is the best-known way to defer capital gains on the sale of a property. The problem for syndicators is getting ALL of your limited partners (LPs) on board—which is next to impossible. So, what do you do if several LPs want to cash out but the rest are looking for an option to defer?

The Deferred Sales Trust may just be the perfect solution.

Brett Swarts is the CEO of Capital Gains Tax Solutions, a firm dedicated to helping clients leverage the Deferred Sales Trust as a tool to overcome capital gains tax deferral limitations. He is also an experienced commercial real estate broker and investor, boasting $85M in closed transactions and a portfolio of multifamily, senior housing, retail, medical office and mixed-use properties. With more than 12 years of experience in the brokerage industry, Brett is committed to helping people create and preserve wealth and educating HNWI around capital gains tax deferral via the Deferred Sales Trust.

Brett joins me to discuss the options we have for deferring taxes on the sale of a property, the 1031 Exchange and the Deferred Sales Trust. He shares the problems associated with the 1031, including the 180-day deadline, the pressure to buy a new property, and the challenge of getting all the investors in a syndication to agree. Brett goes on to explain the fundamentals of the Deferred Sales Trust as an alternative, describing how the process works and its benefits in terms of timelines and customizability. Listen in to understand the costs associated with the DST versus the 1031 Exchange and learn how to choose between the two—and avoid paying capital gains taxes!

Brett Swarts – Key Takeaways

Brett’s path to founding Capital Gains Tax Solutions

  • Commercial broker for Marcus & Millichap
  • Understanding of 1031 Exchange (tax efficient, preserve wealth)

The mechanics of the 1031 Exchange

  • Send money from sale to QI company
  • New property must close within 180 days

The penalty for not meeting 1031 deadlines

  • QI company sends funds on Day 181
  • Hit with tax on money received

The downside of the 1031 Exchange

  • Pressure to buy, tendency to overpay
  • Lower cap + higher interest rates
  • Rapid rental appreciation
  • Traveling depreciation schedule

The fundamentals of the Deferred Sales Trust

  • Trust itself buys property and immediately sells
  • Investors pay NO tax on funds in deferred state

How you use the funds in a Deferred Sales Trust

  • Work with third-party trustee + financial advisor
  • Put money into portfolio of liquid investments
  • Up to 80% can be directed to syndication deals

The advantages of utilizing a Deferred Sales Trust

  • Diversity across several deals, product types
  • 10-year DST can be renewed (no fixed time frame)
  • Starts new depreciation schedule
  • 23-year track record, survived 14 IRS audits

What to do if your investors are divided re: a 1031 Exchange

  • Defer part of entity with DST (cash out other LPs)
  • Money in trust can be directed to next syndication

When to choose a 1031 Exchange vs. the DST

  • 1031 maintains stepped-up basis (heirs sell tax free)
  • DST better for ultra-HNWI to avoid 40% death tax

The costs associated with the 1031 and the DST

  • 1031 = one-time fee of $750 to $1K
  • DST = recurring fees for trustee + financial advisor

Connect with Brett

Capital Gains Tax Solutions

CGTS on YouTube

CGTS on Facebook

Brett on LinkedIn

Brett on BiggerPockets


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