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Tuesday, August 21, 2018 9:20:43 PM
Also, remember on 12/8/2017, we had several filings some of which included a California WaMu 1031 Exchange dissolved and a Delaware 1031 Exchange opened, then on 1/18/2018 we had WMIIC dissolved which probably included unrecognized assets and not recognized due to Bankruptcy Remote/Safe Harbor protected assets.
https://www.delawareinc.com/blog/what-is-a-delaware-statutory-trust/
"The Delaware statutory trust described above is an investment trust, under § 301.7701-4(c), that will be classified as a trust for federal tax purposes."[8][9]
"[M]ay a taxpayer exchange real property for an interest in a Delaware statutory trust without recognition of gain or loss under § 1031 of the Internal Revenue Code?"[8][9]
"A taxpayer may exchange real property for an interest in the Delaware statutory trust described above without recognition of gain or loss under § 1031, if the other requirements of § 1031 are satisfied."[8][9]
What was exchanged?
As set forth in the Confirmation Order, the members of the Trust Advisory Board hereby designate William C. Kosturos in connection with the applicable provisions of the Delaware Statutory Trust Act, 12 Del. C. § 3801 et seq.
******Now information on DSTs or Delaware Statutory Trusts******
1031 is a way to postpone capital gain ( also a loss ) by rolling it into another investment to avoid tax. Ask yourself: LT as a pass thru why would that matter?
A DST is an investment entity that:
Delaware statutory trusts are formed as private governing agreements under which either (1) property (real, tangible and intangible) is held, managed, administered, invested and/or operated; or (2) business or professional activities for profit are carried on by one or more trustees for the benefit of the trustor entitled to a beneficial interest in the trust property.[2]
Delaware Statutory Trusts for 1031 Exchanges:
Long-Term Holding Periods. These investments are usually designed for long-term holding periods, usually 5-10 years; a DST is thus not suitable for an investor who just wants a place to temporarily “park” his money while waiting for some other investment to come along.
Non-Liquid
A DST investment is an investment in real estate and considered illiquid. Although investors have the right to sell their interest at any time, there is no established secondary market. Investors should be prepared to hold their interests until disposition of the property.
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