Welcome to our latest blog post, where we delve into the world of Deferred Sales Trusts (DSTs), a topic that’s generating considerable buzz in the real estate investment community. Thanks to Greg McIntyre from McIntyre Elder Law, we have a comprehensive breakdown of how DSTs can be a pivotal tool in managing capital gains and enhancing your real estate portfolio.
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.
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:
- Deed the Property into the Trust: The first step involves transferring your real estate into the DST.
- 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.
- 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.
- 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.
- 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.

Why Consider a DST?
A DST is particularly useful if a 1031 like-kind exchange isn’t suitable for your situation. It offers an alternative that allows full reinvestment of proceeds from one property into another, while structuring the payout of the sale proceeds over time.
Conclusion
Deferred Sales Trusts offer a sophisticated yet practical solution for real estate investors aiming to optimize their capital gains strategy. It’s a phenomenal setup to defer and manage capital gains taxes effectively, providing flexibility and potential tax advantages that traditional methods may not offer.
If you’re considering a DST or want to explore more about how it can benefit your real estate investments, it’s crucial to seek professional advice. Contact McIntyre Elder Law today at 1-888-999-6600 or visit mcelderlaw.com for a free consultation and expert guidance tailored to your unique situation.
Remember, in the world of real estate investing, understanding and utilizing tools like Deferred Sales Trusts can significantly impact your financial success and investment journey.
Schedule your FREE consultation by calling 1-888-999-6600 or online at mcelderlaw.com/scheduling.


