IRS Code 1031 allows you to defer paying capital gains taxes by reinvesting the proceeds of the sale of your investment property into another investment property of equal or greater value.

About the 1031 DST Option

If you already have investment real estate, or you’re considering buying property as an investment strategy, the 1031 Exchange may empower you to significantly increase your wealth. Not every property is eligible for the 1031 Exchange. Complex tax rules and time frames require expertise to navigate. But with Kevin Hughes and Emerson Equity to guide you, you’re in good hands.

Below is some information about 1031 you’ll need to know before getting started.

IRS Rules- Timing is critical

Once the sale of your property closes, you have 45 calendar days to identify the replacement property and 180 calendar days to close on the purchase. The IRS allows the identification of more than one property subject to specific rules as to how many properties can be identified and the value of the identified properties.

You need to choose a Q.I.

You are never allowed to have effective control of the funds from the sale of your property and are required to use a Qualified Intermediary (“QI”) or accommodator. This is a vital part of the process and an agreement with the QI must be in place before your property sale closes. The QI holds the sale proceeds, the paperwork and facilitates the funds and title transfer for the purchase of the replacement property.

Everything needs to match up

Lastly, title of the new property must match that of the property sold and allows for co-ownership structures such as Tenants In Common and Delaware Statutory Trusts. Converation with a Qualified Financial Advisor are mandatory to participate in this complex program.

Kevin Hughes of Emerson Equity is uniquely qualified to assist you in completing a successful 1031 exchange. Give Kevin a call today to have all of your 1031 DST questions answered.

How can Kevin hughes help you?

While specific opportunities are constantly changing, they can often include a number of different property types. These properties are located throughout the country.

Most exchange opportunities typically only require a minimum investment of $100,000. This gives you the ability to invest in multiple properties, allowing you to potentially diversify your risk by investing in more than one location or property type.

Once we have had the opportunity to learn about you and your investment goals, we can provide multiple investment properties for you to consider as part of your 1031 exchange.

To learn more, please call Kevin at 858-454-0123.

1031 Risk Disclosure:
There is no guarantee that any strategy will be successful or achieve investment objectives;
Potential for property value loss – All real estate investments have the potential to lose value during the life of the investments;
Change of tax status – The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities;
Potential for foreclosure – All financed real estate investments have potential for foreclosure;
Illiquidity – Because 1031 exchanges are commonly offered through private placement offerings and are illiquid securities. There is no secondary market for these investments.
Reduction or Elimination of Monthly Cash Flow Distributions – Like any investment in real estate, if a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions;
Impact of fees/expenses – Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits


Securities offered through Emerson Equity LLC, member FINRA / SIPC. This is not an offer to buy or an offer to sell securities. Securities investing carries an inherent risk of loss of some or all of the principal invested. We are not tax professionals. You should always discuss your investments with a tax professional prior to investing. Securities are sold only in those states where Emerson Equity LLC is registered.

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