A Delaware Statutory Trust or DST, a legal entity designed for the benefit of another business entity, called the trustee, has been set up for the express purpose of commercial business, but not necessarily within the U.S. state of Delaware. It can also be called an “Income Tax Neutral” trust.
It does not have all of the disadvantages that one usually associates with corporate forms of incorporation. These trusts are not considered corporations, and there is no requirement for meetings of a board of directors. They can be established to grant certain legal rights to one or more people. Investors should be able to know while dealing with DSTs:
IRS Rules and Regulations
The Delaware Statutory Trust, unlike corporations, is not required to file reports with the IRS like corporations. And there are no requirements that they issue their shareholders stock options. This lack of a need to transact with the IRS makes them somewhat different from other business entities.
Which makes them less risky to incorporate. Also, unlike companies, there is no obligation for an initial public offering of securities to qualify for a trust. However, there is an exemption to this precept.
This allows real estate forms of corporations and limited liability companies to form “Delaware Funds.” Which are Delaware Statutory Trusts. For a Delaware Fund to qualify for an IRS tax exemption, it must issue shares of stock and participate in 90 days of a qualified dividends program.
Tax Exemptions
The Delaware Statutory Trust provides that any interest of each of the shareholders will be separated and unequal so long as all of them are U.S. citizens or U.S. residents. The income and gain of each shareholder will be taxed according to their profit or loss.
This means that there will be a separate Delaware taxable income for the Delaware shareholders. There is also no limit on the number of shares that a shareholder can buy and sell. According to the Securities Exchange Commission, investors in a Delaware Statutory Trust typically benefit from the tax advantages. This is from this real estate ownership structure.
The Delaware Statutory Trust does not have any inheritance or distribution rights. However, if the trustees have implemented a revocable living trust, they may limit property transfer to a designated beneficiary. In addition, limited liability companies (LLCs) can be created to shield investors from double taxation. An LLC is regarded as a pass-through entity for tax purposes.
Debt and Liability
Debt and liability mean that if you cannot pay off a debt owed to a third party in the worst-case scenario, your original investment remains safe. The same cannot be said for a lawsuit. Depending on the type of lawsuit involved, you may incur more costs even after incurring a liability.
If the lawsuit ultimately decides in your favor, your costs could exceed your initial investment. However, if your judgment is reversed against you, it’s advisable to consult with an attorney. Who specializes in Delaware statutory law.
There are also different types of Delaware Statutory Trusts available, which can be helpful for both the short term and long term. The preferred one for most investors is the Limited Liability Company (LLC). Under this structure, a principal (or group of principals) generally owns shares in a Delaware corporation.
At the same time, the companies’ members are considered the “common stockholders” of the corporation. This structure allows the LLC owners to have greater control over their investments. At the same time, they are avoiding the risks associated with most Delaware statutory trusts.
Ownership
In the case of deeds of trust, the ownership of the property is transferred directly to the beneficiary. The beneficiaries can be individuals or corporations. Generally, the individuals looking for DST properties for sale will go in for a deed of trust. This is to avoid the usual probative issues. That might arise in individual ownership.
Closing Thoughts
If you are interested in Delaware Trusts, you need to understand that these transactions are not recommended for inexperienced investors. Sophisticated investors should only pursue them as they have completed an extensive due diligence process. In the case of real estate investment, you need to find a qualified sponsor. A suitable sponsor will assist you in understanding the intricacies involved in this type of transaction.
Leave a Reply