Unlocking Wealth Preservation: The Power of the Deferred Sales Trust

In the realm of estate planning and wealth preservation, innovative strategies often emerge to navigate the complexities of taxation and asset management. One such strategy gaining significant attention is the Deferred Sales Trust (DST). Greg McIntyre of McIntyre Elder Law unveils the intricacies and benefits of the DST, and sheds light on its potential to optimize financial outcomes for property owners.

What is a Deferred Sales Trust?

At its core, a Deferred Sales Trust (DST) is a strategy that allows real estate investors to defer capital gains taxes on property sales. This trust is based on IRS code section 453, which permits installment sales. Essentially, it enables the payout of gains or proceeds from a sale over a specified period, such as 20 years, in controlled monthly installments.

The Deferred Sales Trust, affectionately referred to as DST, presents a compelling solution for individuals seeking to sell property while mitigating capital gains tax liabilities. McIntyre emphasizes its efficacy as an alternative to traditional methods like the 1031 like-kind exchange. Through the utilization of IRS Code Section 453, which facilitates installment sales, the DST enables property owners to structure the payout of gains over an extended period, typically spanning decades.

How Does a DST Work?

Imagine you own a piece of real estate – it could be a house, an apartment building, or any other property. By deeding this property into a DST, you can sell it without having to pay all the capital gains taxes upfront.

Here’s a step-by-step breakdown of the process:

  1. Deed the Property into the Trust: The first step involves transferring your real estate into the DST.
  2. Sale and Installment Plan: Once the property is sold within the trust, you can set up an installment plan to receive the proceeds over a chosen period, like 20 years.
  3. Investing the Proceeds: The proceeds from the sale, now in the trust and not immediately taxed, can be further invested. One strategy is to set up an LLC and loan the money from the trust to this LLC. This move allows for reinvestment in new properties.
  4. Structured Payout and Tax Benefits: The structured payout not only defers capital gains taxes but also potentially lowers your tax burden. As a lifetime income beneficiary of the trust, you can be taxed at an individual rate, which is often lower than the trust tax rate.
  5. Flexibility in Beneficiaries: If you choose not to take the income yourself, you can designate other lifetime income beneficiaries, like your children, who can receive these payouts instead.

Central to the DST’s mechanism is the establishment of a trust wherein the proceeds from the property sale are directed. By channeling the full proceeds into the trust, individuals can circumvent immediate capital gains taxation, thereby preserving a substantial portion of their wealth. However, the advantages extend beyond mere tax deferral.


McIntyre delves into the strategic intricacies of the DST, illustrating how it enables investors to reinvest their proceeds into new ventures. Through the creation of an LLC and strategic loan arrangements, individuals can leverage the trust’s assets to finance new property acquisitions. This facet not only facilitates seamless wealth transition but also opens avenues for continued investment growth.

Moreover, the DST offers unparalleled flexibility in structuring income distributions. Beneficiaries of the trust, including the original property owner and potential successors like children, can receive structured payouts tailored to their financial needs. This flexibility not only optimizes tax efficiency but also ensures a steady income stream aligned with individual preferences.

Crucially, the DST empowers individuals to navigate the nuances of trust taxation effectively. By distributing income to beneficiaries, the trust mitigates the risk of being subjected to higher tax brackets, thereby preserving more wealth for future generations. This strategic advantage underscores the DST’s role as a cornerstone of comprehensive wealth preservation planning.


In essence, the Deferred Sales Trust emerges as a formidable tool in the arsenal of wealth management strategies. Its ability to defer capital gains tax, facilitate seamless reinvestment, and optimize income distributions positions it as a cornerstone of prudent financial planning. As individuals seek avenues to safeguard and grow their wealth, the DST stands out as a beacon of innovation and opportunity.

For those embarking on the journey of estate planning and wealth preservation, the Deferred Sales Trust represents a gateway to unlocking new possibilities. To explore the transformative potential of the DST and chart a course towards financial prosperity, reach out to McIntyre Elder Law today for a complimentary consultation.

Contact McIntyre Elder Law at 1-888-999-6600 or visit mcelderlaw.com/scheduling to schedule your free consultation and embark on a journey towards financial empowerment and security.

Greg McIntyre, JD, MBA
Greg McIntyre, JD, MBA
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Greg McIntyre, JD, MBA

Meet Greg McIntyre

Greg McIntyre, founder of McIntyre Elder Law, is more than just an attorney. As a Navy Veteran, father to six kids, and a loving husband, he values family deeply. This drives his commitment to helping clients safeguard their futures and pass down legacies.

Greg has a passion to help people. Beyond just legal advice, he loves having conversations and strives to build a long-term relationship with every clients that comes through his door.

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