Delaware Statutory Trusts
DSTs for Cash (Non-1031) Investors
I keep seeing DSTs described as if they exist only for someone who has just sold a building. That is understandable, since a 1031 exchange is a common route into a Delaware Statutory Trust. It is not the only route.
A cash investor can put new capital directly into a DST. The investor owns a fractional beneficial interest in the same institutional-grade, income-producing real estate that a 1031 exchanger owns, receives a share of rental income, and participates in appreciation and debt paydown at sale. What changes is the tax wrapper. The cash investor begins with a fresh cost basis rather than bringing in the carried-over basis and deferred gain of a 1031 exchange.
First-order thinking is that a DST is a tax product, useful only when there is gain to defer. Second-order thinking is to ask whether passive income, diversification, asset access, illiquidity, and the sponsor's execution make sense before the tax treatment is considered. The 1031 is one path in; cash is another.
DST interests are securities offered to accredited investors after a suitability review. Baker 1031 does not provide tax or legal advice. This is educational information, not investment advice, so verify current rules and your own circumstances with a tax advisor. For the underlying structure, see our complete guide to Delaware Statutory Trusts.
DSTs Without a 1031
The misconception is simple: many people assume a DST is available only through a 1031 exchange. It is not. A DST holds income-producing real estate, and investors own fractional beneficial interests in it. You can acquire those interests with cash, just as you can acquire another passive real estate investment. A 1031 exchange is a way in for an investor selling property and seeking to defer gain; a direct cash purchase is an equally valid way in.
On the property side, the cash investor and the 1031 investor have the same mechanics. They can own the same fractional interest in the same trust, receive the same pro-rata share of net rental income, and participate in the same appreciation and debt paydown if the property is sold. The sponsor, the hold period, the income stream, and the underlying real estate are the same.
The distinction is tax treatment. A 1031 investor carries the deferred gain and basis from the property sold. A cash investor starts with a new cost basis equal to the amount invested. There is no prior gain attached to that new investment merely because the investor used a DST.
Why Cash Investors Choose DSTs
Cash investors generally look to DSTs for three reasons: passive income, diversification, and fractional access to professionally managed real estate.
First, a professional sponsor manages the income-producing property. The investor receives a share of net rental income without handling tenants, maintenance, financing, or operations. For someone who wants real estate cash flow without the work of direct ownership, that division of labor matters.
Second, cash can be spread among multiple DSTs. Different sponsors, property types, and geographic markets can make up a real estate allocation that would be difficult to build through whole-property purchases. Third, DSTs can provide fractional exposure to larger professionally managed assets—multifamily communities, industrial logistics, net-lease retail, and medical office—at minimums far below the cost of acquiring a comparable property outright.
Strip away the 1031, and a DST is a way to own passive, professionally managed, institutional-grade real estate fractionally—a package that is difficult for a cash investor to assemble one building at a time.
Those are real benefits, but they do not erase the need for suitability. They apply to new capital independently of any tax deferral.
Income & Diversification Benefits
The income case is straightforward. A DST passes through the net rental income from its real estate to investors, typically as regular, often monthly, distributions during the hold. A cash investor receives a pro-rata share based on the size of the interest. That can create passive real estate cash flow tied to a known specific asset or small set of assets, rather than the daily-priced, market-driven dividends of a publicly traded REIT.
Diversification is the other side of the case. Relatively low DST minimums can let an investor divide capital across several trusts instead of concentrating it in one property. A multifamily DST in one market, an industrial DST in another, and a net-lease retail DST in a third can diversify by sponsor, property type, geography, and lease structure.
Diversification does not eliminate risk. It can, however, reduce the effect of one property or market underperforming. It also allows an investor to tailor a real estate sleeve to particular goals rather than accepting the concentration of a single directly owned property.
Tax Treatment for Cash Investors
Cash investors should understand the difference between a fresh basis and an exchange basis. A cash investor's cost basis begins at the amount invested. There is no carried-over deferred gain that comes due simply because the DST is sold and proceeds are not exchanged again. A 1031 investor, by contrast, brings a low carried-over basis and deferred gain from the relinquished property.
A DST can pass through depreciation to investors. A cash investor receives a pro-rata share of that depreciation deduction, which may shelter part of current distributions from tax. Income is taxed as received; because there was no original exchange, there is no 1031 deferral applied to that income.
When the property is sold, the cash investor recognizes gain or loss against the fresh basis, including depreciation recapture. The investor may choose at that later point to roll proceeds into a 1031 exchange. That choice is technical and fact-specific. This is educational information, not tax advice; confirm the details with a tax advisor.
Key Takeaways
- You do not need a 1031 exchange to invest in a DST. Cash investors can buy DST interests directly with new capital.
- Cash investors may seek passive income, diversification across sponsors and markets, and low-minimum access to institutional-grade real estate.
- A cash investor starts with a fresh cost basis, can receive pass-through depreciation that shelters part of income, and faces ordinary taxation of income without an original 1031 deferral.
- DST interests are illiquid, long-hold securities offered to accredited investors after a suitability review. Suitability is the central question.
Is It Right for You?
The central suitability issue is liquidity. DST interests generally have a limited or no secondary market. An investor usually remains invested until the sponsor sells the underlying property, commonly after a multi-year hold of around five to seven years. The actual period can be shorter or longer depending on the offering and market conditions. Capital committed to a DST should be capital that can remain invested for that duration, not money needed in the near or medium term.
If liquidity is the priority, a publicly traded REIT or another vehicle may fit better. A DST is offered under Regulation D to accredited investors, who generally must meet income or net-worth tests. It is designed for investors with a multi-year horizon who want income and real estate exposure, not short-term trading.
Before an investment, a suitability review considers financial circumstances, goals, liquidity needs, and risk tolerance. Risks remain: vacancy, changes in property markets, sponsor execution, and the possibility that distributions will not be made as projected. Distributions are not guaranteed.
The benefits are meaningful only when accredited status, a multi-year horizon, and capital that can genuinely remain illiquid for the hold all fit the investor.
How Cash DST Investing Compares to the Alternatives
Compared with buying a rental property directly, a cash DST is more passive and can be more diversified. The investor skips direct management, financing, and the concentration of one building while gaining fractional exposure to institutional-grade assets. The trade-off is less direct control and no ability to employ personal leverage or choose the timing of a property sale.
Compared with a publicly traded REIT, a cash DST is illiquid and asset-specific rather than liquid and portfolio-level. The investor gives up daily liquidity and broad public-portfolio diversification in exchange for exposure to identifiable properties and pass-through depreciation.
Compared with a 1031 investor in the same DST, the cash investor is not acquiring a lesser product. The real estate, sponsor, income, and potential upside are the same. The differences are the entry path—new capital versus exchange proceeds—and the tax wrapper—fresh basis versus carried-over deferred gain. A cash investor can later cash out or pursue a future exchange of sale proceeds.
How Baker 1031 Helps Cash Investors Evaluate DSTs
Baker 1031 Investments helps cash investors understand and evaluate DSTs: direct investment without a 1031, the reasons cash investors use the structure, income and diversification, tax treatment, and whether an investment fits an investor's goals. If suitable, we help investors compare offerings, including underlying real estate, sponsor, fees, hold period, and income, and consider diversified allocations across multiple DSTs.
DST interests are securities offered through the broker-dealer, Aurora Securities, Inc. (member FINRA/SIPC), to accredited investors after a suitability review. That review considers financial circumstances, goals, liquidity needs, and risk tolerance in relation to an illiquid, long-hold investment. Baker 1031 does not provide tax or legal advice. A CPA should address fresh basis, pass-through depreciation, ordinary income taxation, and any future 1031 exchange.
Distributions and returns are never promised. Past performance does not guarantee future results, and DST distributions and values can fluctuate. The role is to help an investor understand the structure and invest only when it is suitable for the investor's goals and risk tolerance.
Frequently Asked Questions
Do I need a 1031 exchange to invest in a DST?
No. A cash investor can buy DST interests directly with new capital. The investor owns the same fractional beneficial interest in the same income-producing real estate as a 1031 investor, receives the same pro-rata net rental income, and participates in appreciation and debt paydown at sale. A 1031 investor brings deferred gain and low basis; a cash investor begins with a fresh cost basis. A 1031 is one valid route into a DST, and cash is another.
Why would a cash investor choose a DST?
The three primary reasons are passive income, diversification, and access. A professional sponsor manages income-producing real estate, so the investor can receive a share of net rental income without tenant, maintenance, financing, or operations responsibilities. Lower minimums can permit diversification across sponsors, property types, and markets. DSTs can provide fractional exposure to multifamily, industrial, net-lease retail, and medical office at minimums far below whole-property acquisition costs. Those benefits are independent of tax deferral, but illiquidity and a long hold still require suitability.
How does a cash investor's tax treatment differ from a 1031 investor's?
The main differences are basis and deferral. The cash investor begins with a fresh basis equal to the investment and no prior deferred gain. The 1031 investor brings a carried-over cost basis and deferred gain from the relinquished property. Both may receive pro-rata pass-through depreciation, which can shelter part of distributions. Income is taxed as received; for the cash investor, there was no original 1031 deferral. At sale, gain or loss is measured against fresh basis, including depreciation recapture, unless proceeds are placed in a future exchange. Confirm specifics with a CPA.
Do cash DST investors get depreciation?
Yes. A cash investor receives a pro-rata share of depreciation that a DST allocates from depreciable real estate. It may shelter part of distributions from current income tax, so some current cash flow can be tax-advantaged. Depreciation also reduces basis over time. When gain is recognized at sale, prior depreciation is generally subject to recapture unless a subsequent 1031 exchange defers the result. Confirm the treatment with a tax advisor.
Are DSTs illiquid for cash investors?
Yes. Illiquidity applies whether the interest was bought with cash or exchange proceeds. There is limited or no secondary market, so an investor generally cannot sell on demand and instead remains invested until the sponsor sells the property. The usual hold is commonly around five to seven years, but can vary. Investors who may need funds soon should not rely on a DST for that capital and may find a public REIT more appropriate. Review expected hold periods and any liquidity provisions in the offering documents.
Do I have to be an accredited investor to buy a DST with cash?
Generally, yes. DST interests are typically offered under Regulation D to accredited investors. Accreditation generally involves income thresholds in recent years, net-worth thresholds excluding a primary residence, or another qualifying category. The requirement applies to cash and 1031 investors. The broker-dealer also conducts a suitability review to confirm accreditation, liquidity capacity, goals, and risk tolerance. Current thresholds and rules can change, so confirm eligibility with the broker-dealer.
How is a cash DST different from buying a rental property directly?
In a DST, the sponsor handles management, leasing, and operations while the investor receives a share of income. The investor can gain fractional institutional exposure and diversify across sponsors, property types, and markets from relatively modest capital. With a direct rental, the owner has hands-on control, may use personal leverage and timing, and receives all income, but also bears management, financing responsibility, and single-property concentration. Both structures carry real estate risk and illiquidity. The DST trades control for passivity and professional management; direct ownership trades passivity for control.
Can a cash DST investor do a 1031 exchange later?
Yes. When the sponsor sells the DST property and the investor receives proceeds, that is a taxable event measured against the fresh basis. The investor can pay the tax or may choose to defer the resulting gain by exchanging into another DST or other like-kind real property. Entering a DST with cash does not bar a later 1031; it means the later gain, not an earlier property-sale gain, is potentially deferred. Because the process is technical and deadline-driven, coordinate with a qualified intermediary and a CPA well before sale.
What returns can a cash DST investor expect?
Total return can come from current net-rental-income distributions during the hold, appreciation when the property is sold, and debt paydown or amortization if the DST uses financing. There is no guaranteed number. Occupancy, rents, expenses, and exit assumptions affect results. Any yield, return, or IRR in an offering is a projection based on assumptions, not a promise; actual results can be higher or lower. Distributions can be reduced or suspended, and a property can sell for less than projected. Past performance does not guarantee future results. Evaluate the underlying assumptions carefully.
Is a cash DST a good source of passive income?
It can be a meaningful passive-income holding for a suitable investor. A DST can distribute net rental income from professionally managed real estate, typically on a regular, often monthly basis, without landlord obligations. Pass-through depreciation can shelter part of the income. But the distributions are not guaranteed and can be reduced or suspended if occupancy or rents fall. The investment is illiquid and long-hold. It should not be treated as a risk-free or bond-like income source. An accredited investor with a multi-year horizon should size and diversify the allocation appropriately and confirm suitability.
How much do I need to invest in a DST as a cash investor?
Minimums vary by offering and sponsor, but they are generally far below the cost of buying comparable property outright. That makes fractional institutional exposure practical without enough capital to buy a whole building. The exact minimum appears in each offering's documents. The useful question is not only the minimum; it is how much capital can remain illiquid through the hold and how the allocation should be spread by sponsor, property type, and market. Review offering terms and confirm fit with the broker-dealer.
What are the risks of a cash DST investment?
Cash DST investors face the same risks as other DST investors. There is illiquidity, real estate risk from occupancy, rents, and values, non-guaranteed distributions, sponsor-execution risk, and concentration in one or a few properties unless the investor diversifies. If financing is used, leverage amplifies gains and losses. Interest rates and weak markets can pressure values and exit pricing. A DST can lose value. Diversification, sponsor diligence, and appropriate sizing can manage some risk but cannot eliminate it. Past performance does not guarantee future results.
Can I diversify across multiple DSTs as a cash investor?
Yes. Relatively low minimums can allow an investor to divide capital among multiple DSTs rather than concentrate it in one property. A portfolio can include multifamily in one market, industrial or logistics in another, and net-lease retail or medical office in a third, diversified by sponsor, property type, geography, and lease structure. This reduces the effect of one property, market, or sponsor underperforming. It does not remove shared real estate exposure or illiquidity. A broker-dealer can help evaluate offerings and suitability.
Is a DST or a publicly traded REIT better for a cash investor?
Neither is universally better. A public REIT offers daily liquidity, broad diversification, transparent market pricing, and low minimums, but its price can move with the market and it does not pass through depreciation to investors in the same way. A cash DST offers identifiable real estate, potential depreciation shelter, and the option of a later 1031 exchange, but it is a multi-year, accredited-only commitment and can be concentrated without diversification. Many investors use both. Match the vehicle to liquidity needs, tax goals, and time horizon; a DST also requires a suitability review.
How does Baker 1031 help cash investors evaluate DSTs?
We explain direct cash DST investing, the income and diversification case, tax treatment, and suitability, then help eligible investors compare real estate, sponsors, fees, hold periods, and income across offerings. DST interests are offered through Aurora Securities, Inc. (member FINRA/SIPC) to accredited investors after a review of financial situation, goals, liquidity needs, and risk tolerance. Baker 1031 does not provide tax or legal advice; a CPA addresses fresh basis, depreciation, ordinary income taxation, and a later exchange. Distributions and returns are never promised, and past performance does not guarantee future results.
Glossary
DST: A Delaware Statutory Trust holding income-producing real estate as fractional interests.
Cash Investor: Someone investing new capital in a DST, not 1031 exchange proceeds.
Fractional Beneficial Interest: An investor's pro-rata share of a DST's specific real estate.
1031 Exchange: A tax-deferred swap of like-kind investment real estate.
Fresh Cost Basis: A cash investor's new basis equal to the amount invested.
Carried-Over Basis: The low basis and deferred gain a 1031 investor brings in.
Pass-Through Depreciation: Depreciation a DST allocates to investors, sheltering part of income.
Depreciation Recapture: Tax on prior depreciation owed when the property is sold.
Distributions: Periodic payments of net rental income to DST investors.
Diversification: Spreading capital across multiple DSTs, sponsors, and markets.
Institutional-Grade Real Estate: Large, professionally managed assets accessed fractionally via a DST.
Illiquidity: The inability to readily sell a DST interest before the property sells.
Accredited Investor: An investor meeting income or net-worth thresholds for Regulation D offerings.
Regulation D: The exemption under which DST securities are offered to accredited investors.
Suitability Review: Assessing whether a DST fits the investor's goals and risk tolerance.
Hold Period: A DST's multi-year term, often approximately 5-7 years, before the property sells.
Sources & References
- IRS, Revenue Ruling 2004-86 (Delaware Statutory Trusts)
- U.S. Securities and Exchange Commission, Investor Bulletin: Accredited Investors — Updated
- FINRA, Real Estate Investments
- IRS, Like-Kind Exchanges — Real Estate Tax Tips
Disclosures
This article is published by Baker 1031 Investments, LLC for general educational purposes for accredited investors and is not an offer to sell or a solicitation of an offer to buy any security, nor is it tax, legal, accounting, or investment advice or a recommendation. Any securities offering is made solely through a sponsor’s private placement memorandum (PPM) following a suitability determination. Securities offered through Aurora Securities, Inc. (ASI), member FINRA / SIPC; Baker 1031 Investments is independent of ASI.
Oil & gas mineral and royalty interests and DST programs are speculative, illiquid securities sold only to verified accredited investors and involve substantial risk, including possible loss of principal, commodity-price and production-decline risk, lack of control, and the risk that an intended 1031 exchange fails to qualify for tax deferral. Whether a particular interest qualifies as like-kind real property is a fact-specific legal determination that varies by state and by the terms of the instrument. Tax results depend on your individual circumstances. Consult your own CPA and attorney before acting. Past performance does not guarantee future results.
Filed under: Delaware Statutory Trusts · DSTs · 1031 Exchange
About the author
Jerry Baker is Founder & Managing Principal, Baker 1031 Investments, with FINRA Series 22 / 63 / SIE credentials. Jerry founded Baker 1031 to bring institutional underwriting discipline to the 1031 exchange. He spent more than a decade on Wall Street working on $10B+ of real estate before building diversified DST portfolios for individual investors. Read full bio →
Reviewed by: Lori Kamen, President & CCO, Aurora Securities, Inc. (FINRA Series 4 / 7 / 24 / 53 / 63 / 66), the supervising registered principal. Last reviewed June 2026. Baker 1031 reviews its educational content periodically for accuracy and regulatory compliance. Securities offered through Aurora Securities, member FINRA/SIPC.
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