Dear Gene Carter Team,
Summary
Since we are in the middle of tax season, much of this month’s newsletter will be devoted to ways to utilize real estate for tax saving strategies. In particular, for many of you owners out there who would like to lock in profits from price increases of 50% over the past 18 months but don’t want to pay capital gains taxes and don’t want to purchase another property through a 1031 exchange, THERE IS A SOLUTION.
Defer Capital Gains Taxes With Delaware Statutory Trusts (DSTs)
If you currently own rental or investment property or if you are a potential buyer hoping to build wealth in the future by purchasing and selling real estate, please read this article carefully and in its entirety. There is a way for many of you to defer capital gains taxes and the recapture of depreciation savings without buying another property. For more details, read the full article in the newsletter.
DISCLAIMER: I am not a financial advisor or tax counselor. Please discuss the following topics with a trusted resource. Also, DST’s, as described below, may only be acquired by an “Accredited Investor”, currently defined by the SEC as “An individual with a net worth over $1 million, excluding primary residence (individually or with spouse or partner) or income over $200,000 (individually) or $300,000 (with spouse or partner) in each of the prior two years, and reasonably expects the same for the current year.”
As of today, prices for most area properties are 50% (or more) higher than they were 18 months ago. Today’s high prices are sure things (right now). Continued high prices and super strong rental incomes forever are not.
One of the oldest adages in real estate is that, to make money, buy low and sell high. So why are so many owners passing up this opportunity to “sell high”? The reason many owners have given me is that they will have to pay capital gains taxes on their huge profits. In addition they will have to pay “recaptured” depreciation savings.
One way around this is to do a 1031 exchange and purchase a property of equal or greater value.
The reason many owners do not pursue this strategy is that they believe, rightly or wrongly, that prices are at their highest point right now and will be coming down sometime in the near future. They don’t want to pay today’s top dollar price for a replacement property that they believe will decrease in value in the near future.
Many of the same owners who believe prices will come down have stated to me that they would like to purchase additional properties once prices decrease. Unfortunately this means that if prices do decrease, the value of the property they currently own will also decrease, depriving them of the chance to “sell high” at a big profit.
I don’t know what is going to happen with prices in the future but those of you who qualify as Accredited Investors can have your cake and eat it too.
A seller can sell now and lock in the profit and obtain the same 1031 tax benefits (deferred capital gains taxes and deferred recapture of depreciation) by purchasing a Delaware Statutory Trust (DST) instead of a specific property. This is still a 1031 exchange.
So what is a Delaware Statutory Trust (DST)? A DST can be used anywhere in the United States (not just in the state of Delaware). A DST is a legally recognized trust in which real estate is held, managed and operated for a profit. DST’s are commonly organized and sold as securities. The process is easy and simple. Each investor will receive their share of the profits, depreciation and gain or loss to report on their individual tax return.
A DST can own one property or a portfolio of properties, usually all within the same asset class (such as multifamily, a chain of drugstores, etc.), and the investor can invest as little as $50,000 to acquire fractional interest. Annual cash-on-cash returns typically range from 5% to 9%. Also, the investor is shielded from any liabilities related to the property.
DST’s are typically structured to have 2 to 10 year terms. At the end of the term, the gain is prorated between the individual investors so each can decide to exchange into another DST or traditional real estate or cash out and pay the taxes. A DST can be sold prior to the end of the term although my research turned up mixed opinions as to how easy this is to do.
Be aware that DSTs, like all real estate investments, have some risks. Please consult a trusted adviser about these.
Here are some situations in which DSTs can be beneficial.
Take advantage of the “sell high” strategy now and lock in your profit and then defer the taxes by purchasing a DST instead of another property. This way, you will not be “buying high” for a replacement property. When the term of the DST is up, you can decide to purchase another DST or go back to purchasing regular real estate and shooting for another 50% appreciation home run like owners have seen over the past couple of years.
If your desired replacement property is less expensive than your relinquished property and you need to buy additional property to maximize the benefits of the 1031 exchange, you can identify a DST to make up the difference. This is a common scenario. An owner wants to sell a property and buy another property with a better ROI but the math doesn’t work out. There’s leftover profit after the sale, for which taxes will need to be paid. He can buy a DST with the overage instead of paying taxes.
A DST can be a good solution when you cannot find a desirable replacement property and your 45 day identification deadline is approaching. There are always multiple offerings available and they can close quickly. A DST can also be a good backup in case the purchase of a property falls through.
VERY IMPORTANT: I don’t see DSTs as necessarily being better investments than purchases of individual properties under most circumstances. Traditional real estate purchases offer bigger potential returns, as evidenced by the past couple of years of strong appreciation). Also, with traditional real estate ownership, there is more immediate flexibility. Nevertheless, DSTs can be important additions to the toolbox of anyone whose goal is to build wealth through real estate.
I have reached out to several companies that manage DST’s and I would be happy to provide contact information to anyone interested. Please contact me if you want to discuss the potential opportunities for using a DST.
Oceanfront and Resort Condo Market Update
The number of active oceanfront listings dropped for the 8th month in a row, from 370 in February to 353 in March. The number of active condo listings off the beach also decreased again, from 757 in February to 711 in March. See chart below.
Although the average selling price didn’t change much (+ 2.9%), there was greater activity as we moved into the peak buying/selling season. The number of new listings increased sharply, from 139 in February to 203 in March, a 46% increase. Despite this, because of a 61% increase in closed sales (taking listings off the market) the number of active listings decreased, as mentioned above. Overall, closed sales volume was up 65%. See chart below.
Sellers: It’s still a great time to sell because of the low inventory and high prices.
There’s no guarantee that inventory levels will remain this low in relation to buyer demand. Please take a close look at the DST article for ways to take advantage of the current situation. Also, please contact me if you would like a customized market analysis of your property.
Buyers: There are more listings coming in but they are getting snapped up quickly. Peak rental season is right around the corner but there’s still time to buy! Please contact Teressa or Kevin if you’re interested in purchasing.
New Home Sales (Resales Too)
Once again, new home sales comprised over half of all closed residential sales in March (51%). The chart below provides further insight.
Business Personal Property Tax Form (PT – 100)
If you own a condo or rental property in our area, you have probably received this form in recent weeks. Do not ignore this form or throw it away or it could cost you (See below)!
If you rent your property out, it is considered to be a business and your furnishings, appliances, etc, are taxable. The tax is usually not that much for a vacation rental property, typically a few hundred dollars per year. If you do not send in this form, the taxing authority will use a default value for your personal property much higher than the actual value. Please consult your accountant or financial advisor to help you fill out this form. Unfortunately, this is out of my lane and I cannot properly advise you.
Please Contact The Beach Pro Team If:
You are thinking of buying or selling an oceanfront or resort condo in our area
Or
You are considering moving to our area or know someone else who is
Or
You are an agent who has clients thinking of moving here or buying or selling in our area
Or
You currently own a condo in our area and want a permanent home here
Check out our usual Grand Strand Market Reports, Sales and Listing Updates, my Best Buys, and new Beach Pro Team reviews.
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