Delaware Statutory Trust and Real Estate (When would you use one)
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- เผยแพร่เมื่อ 21 ก.ค. 2021
- The Delaware Statutory Trust has been gaining in popularity in some circles. The reason behind this is that it has to do with 1031 exchanges.
So to understand it, let's look a little bit deeper in how Delaware Statutory trust works. WATCH this video if you're considering using a DST for your real estate investing strategy!
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Clint Coons, Esq. is one of the founding partners of Anderson Law Group, Clint has grown his legal and tax firm to over 400 employees by assisting real estate investors with creating and implementing solid entity structuring plans. His success in these regards is in large part due to his personal investing experience. A successful attorney, real estate investor, and speaker, Clint has used his innovative and dynamic strategies coupled with knowledge borne from experience to help thousands of people save millions of dollars and build real wealth.
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The information provided in this video should not be construed or relied on as legal advice for any specific fact or circumstance. Its content was prepared by Anderson Business Advisors with its main office at 3225 McLeod Drive Suite 100 Las Vegas, Nevada 89121. This video is designed for entertainment and information purposes only. Viewing this video does not create an attorney-client relationship with Anderson Business Advisors or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice.
#DelawareStatutoryTrust
Download your free copy of Un-Tax Yourself eBook and discover the secret to real estate wealth is in the tax deductions. aba.link/of8
Thank you Clint - this video explains a ton. I've been in real estate since 1981 -- new stuff to learn all the time.
Very welcome!
Excellent information. Thank you. A few new bites of information that I hadn't heard before. Thank you.
Robyn Wonnell
Thanks for watching.
Thanks, helpful and great explanation!
Glad it was helpful!
Congratulations! That is awesome!
Thank you!!
Amazing work thanks for this.
Glad you liked it!
Well explained.
Very interesting
can you introduce other DST, Deferred Sales Trust and the difference comparing Delaware Statutory Trust? thx
I am purchasing a single family home from my son in Massachusetts I want to have it listed as a homestead and protected by an LLC I will have my daughter baby daddy and 4 grand children in the house and I want to build a 2nd house that I will be living in on the same property and I want it protected in a landtrust so it will be safe for generations to come. I have just started as an investor I am planning on acquiring several long term rentals and I hope to also have 2-3 Air B+B's . Should I open a LLC for each of the rentals can I combine long term ones in a LLC and short term in an LLC
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Love your videos Clint. It guides me on what do do with real estate investment assets. However, what structure would be best for other assets ? Stocks, bonds, mutual Funds, forex, cyrpto currency?
Absolutely. I posted a video a few weeks back on protecting these types of assets.
You recommend partnership for WY LLC to get a K1 for lending purposes. A partnership requires at least two individuals. What about a single individual (especially in California!)?
Correct. You could use another entity as your partner or just keep it disregarded.
Keep watching. Clint recommends a land bank trust or grantor trust for California, but this may or may not apply to your situation.
Call them and get the last attorney service you will ever need.
@@StreamingF1ydave Thanks, Dave!
Great video. At 9:51, you mentioned an automatic conversion strategy triggered upon bankruptcy or a similar event - wouldn’t this action be disregarded as ipso facto under § 541(c), leaving the DST still exposed?
Not sure. BK is not within my wheelhouse. Thanks for watching.
Can't creditors take your interest in the WY LLC?
Wyoming has charging order protections that limit a creditor's remedy to a charging order and not foreclosure of your interest.
can you make an updated revised edition of your book on real estate asset protection Clint? I want to buy the book but am afraid it's outdated information
Its not outdated and I am 3/4 of the way finished with my latest book. My editor estimates it will be released in December. The second book expands on the first book but does not cover all of the same topics.
Hey Clint...I'd be interested in hearing your take on 1031DST exchanges. Comparing monthly rent of LTRs to the distribution and appreciation of the properties within the DST.
The problem with DST is illiquidity. If you want to sell and move on your are stuck. I know it is a great fall back option for a blown 1031 and that is how I would use it.
why make the WY LLC a limited partnership at the base, over making it a disregarded LLC?
To control where the income hits your 1040 so you can help your DTI when working with lenders.
Can you only use a statutory trust for real estate? Can it be securities as well. Can you replace a grantors trust within a family limited partnership with a statutory trust and avoid huge trustee administration fees from corporate trustees.
Yes you can. A WST can be set up for securities.
Can DST be used for reducing capital gain tax? Or is MIST (IRC 453) a better strategy?
A DST does not change your Capital gains tax on the sales (assuming you are not considering a 1031)
Hi Clint, are you allowed to have another entity on title with the DST or does it have to be the sole entity on title?
No dst
should I set up the LLC in Massachusetts? asset protection
Possibly. Set up a strategy session to discuss.
If I Delaware Corp but live in Florida do I have to pay delaware income tax on collected rents ?
Only on income generated in DE not in FL.
Hello Clint.... I would love to know more on using this strategy to lend funds to my Corp. Or holding company and would really love to know the tax advantages involved....
Thanks
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Will this type of structure work in Indiana? I watch a lot of your videos and the closest you've ever gotten to Indiana was Illinoise.
Yes
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Can the DST be setup the same way as a WST? And I believe there is only a one time fee of $500 to setup a DST with zero annual fees. And the DST works like a series LLC using child trusts that can be setup for free, and can all be managed using only one bank account. Is this correct?
Yes the DST is set up the same way as a WST and it does allow for the use of series. Not sure on the one bank account if the statute reads similar to various series LLC statues where you must separately account for each WST series.
Does this still apply with the filings we have to report with the FINCEN? Wouldn't that make this void now?
Yes it does
Clint. I just sold my California 4plex and 1031 into a huge DST property in California where I own a small percentage of it. I opened a CA LLC which is owned by my Wyoming LLC to hold that property. I have to pay $800 a year for that CA LLC. Did I do this the wrong way? I’m in an exchange now and sold a triple net lease property in Alabama and 1031 into another DST property in Minnesota. How can I avoid CA charging me an $800 fee if I do the same thing in Minnesota while being a CA resident?
I don''t understand. If you are investing into a DST why would you be opening an LLC to hold the property. The property is owned by the DST.
@@ClintCoons That’s why I asked you. I thought it would protect me. If the building blew up, or burned down killing people, I wanted to be protected with a LLC and I wanted anonymity with Wyoming
@@ClintCoons I didn’t want my name anywhere to be seen.
Hey Clint, Lee Gray here. Why do you choose Wyomi over Nevada or New Mexico is Wyoming better than Nevada
Wyoming is better from an anonymity standpoint. Nevada requires you to use a nominee manager on your LLC to obtain anonymity, creating issues when you open a bank account. Wyoming does not collect any information on Managers or Members of LLCs. See this video. th-cam.com/video/aFvf66HHIYA/w-d-xo.html
Clint, can a DST be used for new development projects? I have a bunch of investors with 1031s and a single family home development project.
I can’t find any determination
Yes it can provided you work with a securities attorney who knows how to create it to qualify.
Can I protect my homestead with a landtrust with a LLC
No I would not use this combination. A land trust might be an option but not the LLC component.
can a trust have a credit score and take out loans like an LLC?
A business trust could but not necessarily a land trust.
@@ClintCoons should i make a seprate WST or DST for the property management company or just use the same WST/DST that the property was purchased in? Can the WST/DST evict a tennant?
@@Bennuides You could but if you only have a few properties then I would use the WST holding the property to collect rents.
@@ClintCoons do I need a separate LLC for property management for eviction? Can the WST evict tenants?
Is statutory trust a good structure for self-directed IRA?
It can work.
Are you available for advisory?@@ClintCoons
Thank you for this info. Do you have a way to contact you?
If you would like a FREE 30-minute consultation, you can request one here
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Again does it have to be a partnership? Can it be a single member llc?
It can be disregarded if you are the sole owner.
Can I hire you to set up landtrust + wy LLC
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How can I contact you to discuss options?
If you would like a FREE 30-minute consultation, you can request one here
- aba.link/30minSession