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DST Investments are offered as replacement property for accredited investors seeking to defer their capital gains taxes through the use of a 1031 tax deferred exchange and as straight cash investments for those wishing to diversify their real estate holdings. The DST property ownership structure allows the smaller investor to own a fractional ...
The property or asset being purchased with the proceeds ("new property") must be "like-kind" to the old property. The proceeds from the sale must be used to purchase the new property within 180 days of the sale of old property, although the new property must be identified within 45 days of the sale.
An investor decides to sell investment property and do a 1031 exchange. He contacts a qualified intermediary (QI) and they enter into an agreement. The investment property is placed on the market. An offer to purchase the investment property is accepted and signed by the QI. Escrow for the sale is opened, and a preliminary title report is produced.
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The replacement property must be "identified" within 45 days after the sale of the old property and the acquisition of the replacement property must be completed within 180 days of the sale of the old property. As of 2018, Section 1031 can only be used in connection with sales of real property.
The role of a QI is defined in Treas. Reg. §1.1031(k)-1(g)(4). Under IRC Section 1031 an owner of business or investment property may exchange that property for other like-kind property within a statutorily mandated period of time, and defer current recognition of gain on the sale of the old property.
In 1923, regulation of the offer and sale of securities to investors began through the Division of Securities. The real estate industry has been regulated since 1925 through what is now the Division of Real Estate. [4] In 1931, Colorado began chartering credit unions, when the General Assembly passed the Credit Union Act.