The DST can be used as a vehicle that does what a 1031 exchange does, without the problematic timelines and other stringent requirements, but it also can do so much more. In order to understand the pros and cons of a DST and a 1031 exchange and the benefit they give you, you must first understand 1031 exchanges themselves.
A client recently asked me this question: “What, in your opinion, is the possibility that a change in presidential or congressional leadership brought about by this year’s elections could lead to the closing of the DST tax loophole?”
Avoiding capital gains tax may be the primary selling point of a Deferred Sales Trust, yet it is not the only benefit. Furthermore, some may even argue that deferring taxes is not even its best feature, considering the flexibility you have when structuring the trust.
The Deferred Sales Trust is a tax strategy that uses the proceeds from the sale of virtually any asset to establish a trust held by a certified, third-party Deferred Sales Trustee. Read about two scenarios with varying degrees of post-divorce capital gain realization where the Deferred Sales Trust tax strategy would have been useful.