Using Delaware Statutory Trusts in Real Estate Investments: Opportunities and Legal Risks

Structuring and Financing the DST, Leveraging Favorable Tax Treatment

A live 90-minute CLE webinar with interactive Q&A


Wednesday, September 27, 2017 (in 5 days)
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will provide real estate and tax finance counsel with a review the advantages and risks of Delaware Statutory Trusts (DSTs) as a structure for real estate investments. The panel will offer approaches for structuring and financing the DST as well as discuss the key tax issues involved.

Description

DSTs are quickly replacing tenant-in-common (TIC) structures for real estate investment, particularly in light of the recovery in real estate prices. One of the advantages of a DST as opposed to a TIC is that it is a single entity controlled by a sponsor and thus viewed more favorably by lenders, including some CMBS lenders.

Since DSTs are often used to qualify as replacement property for Section 1031 exchanges, they must be structured to avoid committing the “seven deadly sins.” These restrictions make them inappropriate for certain types of investments but well suited for properties with long-term, triple-net lease properties, and student, multifamily and senior housing, as well as hospitality facilities.

DSTs are commonly used as a structure for non-publicly traded REITs. DSTs can also be used to facilitate the transfer of exchange property into a REIT.

Listen as our authoritative panel of real estate and tax practitioners reviews the opportunities and pitfalls of using DSTs in real estate investments. The panel will discuss structuring and financing the DST with particular attention to the tax issues and ramifications.

Outline

  1. Trends in the use of DSTs for real estate investments
  2. Structuring the DST
  3. Assets for DST programs
  4. Financing of DST investments
  5. DST governance
  6. Workouts of DST programs
  7. Non-traditional uses for DSTs—REITs/funds vs. direct investment

Benefits

The panel will review these and other key issues:

  • What are the trends in using DSTs as real estate investment vehicles?
  • What opportunities exist for using DSTs and what are some of the legal pitfalls?
  • What types of investment properties are DSTs well-suited for as an investment structure?
  • What challenges do DSTs present for lenders and how should these problems be addressed?

Faculty

Edward J. Hannon, Partner
Quarles and Brady, Chicago

Mr. Hannon regularly works with institutional investors, high-net-worth individuals, and real estate companies in developing and implementing tax-oriented structures in real estate transactions. He also provides tax and structural advice in connection with various transactions involving the acquisition and disposition of U.S- based businesses.

Steven R. Meier, Partner
Seyfarth Shaw, Chicago

Mr. Meier's diverse tax practice involves all aspects of federal taxation. He regularly advises clients on the design, implementation, disposition and workout of real estate investment programs, including real estate investment funds and complex like-kind exchange programs. He acts as lead tax counsel in domestic and cross-border transactions, and advises early-stage businesses on tax, equity compensation and related matters.


Live Webinar

Live Webinar $297.00

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
Available 48 hours after the live event

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00
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Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event

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DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

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Registration Plus Recorded Event

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Live Webinar & Webinar Download $394.00

Recorded Webinar Download Only $97.00 with Registration/Webinar Combo

Live Webinar & Audio Download $394.00

Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo

Live Webinar & DVD $394.00 plus $9.45 S&H

DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo


Webinar

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Program Materials

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Program Materials

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Customer Reviews

I appreciated that there was a great deal of current case law on the subject and the speakers were concise and informative.

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Haskell Slaughter

Very good current, practical and applicable discussion and information provided.

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The speakers were very experienced.

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BDP

I appreciated that the program addressed real issues that arise on a weekly basis in my practice.

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Real Estate Law Advisory Board

David A. Barksdale

Partner

Ballard Spahr

Jacob Bart

Partner

Stroock & Stroock & Lavan

Brian W. Blaesser

Partner

Robinson & Cole

Ronald B. Grais

Counsel

Sugar Felsenthal Grais & Hammer

Ren R. Hayhurst

Partner

Bryan Cave

Thomas C. Homburger

Of Counsel

K&L Gates

Susan C. Tarnower

Counsel

Kilpatrick Townsend & Stockton

Clark T. Thiel

Partner

Pillsbury Winthrop Shaw Pittman

or call 1-800-926-7926

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