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What Is a Delaware Statutory Trust? The Complete DST Guide

16 min read · Delaware Statutory Trusts · Last updated

Key Takeaway

A DST offers passive real estate ownership with no management responsibilities. You exchange into a fractional interest in professionally managed property and receive monthly income. The convenience comes with 10-18% in fees and 5-10 year illiquidity.

After years of managing rental property — fielding tenant calls, coordinating repairs, reviewing leases — some investors want to stay in real estate without the operational burden. A Delaware Statutory Trust is one way to do that.

How a DST works

A DST sponsor acquires property, places it into a trust, and offers fractional beneficial interests to investors. Each investor owns a proportional share of the trust, which owns the real estate.

As a beneficial owner, you receive:

  • Monthly income distributions based on net operating income
  • Tax benefits including depreciation deductions
  • Your share of proceeds when the property is eventually sold (typically 5-10 years) You do not make management decisions. The sponsor handles everything.

The IRS framework: Revenue Ruling 2004-86

Revenue Ruling 2004-86 concluded that, under certain conditions, a DST interest may qualify as like-kind replacement property in a 1031 exchange.

The "Seven Deadly Sins": DSTs must avoid activities that would make the trust look like a partnership: no new capital, no new borrowing, no renegotiating leases, no reinvesting proceeds, no new investors after closing, no major modifications, no disposing of property except in certain circumstances.

What a DST investment looks like

  • Minimum investment: Often $100,000+
  • Hold period: Typically 5-10 years
  • Income distributions: Usually monthly, projected 4-6% annually
  • Property types: Multifamily, industrial, medical office, net-leased retail, senior living

The fee structure

Total fees typically range from 10-18% of investor equity:

  • Acquisition/organizational fees: 5-8%
  • Selling commissions: 5-7%
  • Financing fees: 1-3%
  • Asset management (ongoing): ~1% annually
  • Disposition fee: 1-3%

The five key risks

  1. Sponsor risk — they control every decision
  2. Property/market risk — same as any real estate
  3. Illiquidity — no active secondary market
  4. Structural inflexibility — can't adapt to market changes
  5. Leverage risk — most DSTs use 50-65% LTV

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The Bottom Line

DSTs solve a real problem for investors who want to defer tax and stay in real estate without management burden. The tradeoff is fees, illiquidity, and loss of control. For the right investor, that tradeoff makes sense.

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