Trust Funds Explained™

Legal structure

Delaware Statutory Trust (DST)

A trust formed under the Delaware Statutory Trust Act, providing a flexible framework for holding property and issuing beneficial interests.

Typical purpose

Fractional ownership of investment property; securitizations; 1031 exchange replacement property.

How it operates

A sponsor/trustee manages property; investors hold beneficial interests.

Who might use it

Accredited investors, sponsors, institutional parties.

Assets commonly involved

  • ◆Commercial real estate
  • ◆Financial assets

Potential advantages

  • ◆Statutory clarity
  • ◆Potential 1031 eligibility if structured correctly

Legal and tax limitations

  • ◆Investor control is very limited
  • ◆Illiquid
  • ◆Securities law applies to offerings

Establishment & administration

  • ◆Delaware filing
  • ◆Governing instrument
  • ◆Securities compliance

Common mistakes

  • ◆Underestimating illiquidity
  • ◆Ignoring sponsor risk

Questions to ask a professional

  • ◆Which state's law should govern this arrangement, and why?
  • ◆Who should serve as trustee and successor trustee?
  • ◆How will the trust be taxed at the federal and state level?
  • ◆What assets must be retitled, and who handles the transfers?
  • ◆What ongoing records, filings, and reports will be required?

Educational information only. Trust law varies by state; consult qualified legal, tax, and financial professionals before acting.

Next step

Move from understanding to a properly reviewed plan.

Discuss a Delaware Statutory Trust (DST) With Tangier

Educational information only. Not legal, tax, or investment advice.