Guides
How to Invest in Real Estate Explained
An overview of the main paths into real estate investing, from direct ownership to passive structures, and where a 1031 exchange fits for investors exiting existing property.
Service Overview
How this service works
Investors can enter real estate through several distinct paths, each with different capital requirements, control levels, and tax treatment. Direct ownership, buying a rental property, a commercial building, or a piece of land outright, gives an investor full control over management and financing decisions and full exposure to that single asset. It also requires the most hands on involvement, from tenant management to maintenance decisions, unless the investor hires a property manager.
Real estate investment trusts, or REITs, let an investor buy shares in a company that owns a portfolio of properties, offering liquidity through public or non traded markets and diversification across many assets. REIT shares are personal property for tax purposes, which means they do not qualify for a 1031 exchange, even though the underlying company owns real estate. Delaware Statutory Trusts and tenancy in common structures sit in a different category. These are direct fractional ownership interests in specific real property, which under the right structure can qualify as like kind property for a 1031 exchange, giving investors a passive path into institutional grade real estate without the day to day management of direct ownership.
Syndications and crowdfunded deals typically pool investor capital into a limited liability company or limited partnership that then buys the property. The investor owns an interest in that entity, not the real estate itself, which generally makes syndication and crowdfunding equity ineligible for a 1031 exchange under current law, since a partnership or LLC interest is treated as personal property rather than real property. Some sponsors structure offerings as tenancy in common interests specifically to preserve 1031 eligibility, so the legal structure of a specific offering matters more than the marketing label attached to it.
For an investor who is selling an existing property and wants to redeploy the proceeds without paying capital gains tax immediately, the practical choice narrows to direct ownership of replacement real property or a properly structured Delaware Statutory Trust or tenancy in common interest, since those are the paths that preserve 1031 eligibility. Investors starting fresh with new capital, rather than exchanging existing gain, have the full range of options available, including REITs and syndications, since the 1031 eligibility question does not apply to money that was never held in exchange.
Denver, CO investors weighing these paths should separate the two questions clearly: what kind of real estate exposure fits the investor's goals, and separately, whether the source of the capital being invested requires 1031 eligibility. Delaware Statutory Trust and tenancy in common interests may be securities and require licensed securities professionals, and we do not sell securities. We provide introductions to licensed providers only.
Service Details
What is included
Comprehensive support to keep your exchange compliant and on schedule.
Comparison of direct ownership, REITs, DSTs, tenancy in common, and syndication or crowdfunding structures
Explanation of which structures qualify as like kind real property for a 1031 exchange
Guidance on how the source of capital, existing exchange proceeds versus new investment, changes the relevant options
Overview of the control, liquidity, and management tradeoffs across structures
Introduction coordination to licensed securities providers for DST or TIC interests when appropriate
Securities disclaimer review for any structure involving DST or TIC interests
Common Scenarios
When this service helps
A Denver investor is selling a rental and wants to understand which reinvestment structures preserve 1031 eligibility.
A Colorado Springs investor with new capital, not tied to an exchange, wants to compare REITs against direct property ownership.
A Boulder investor is evaluating a syndication opportunity and wants to confirm whether the interest offered would qualify for a future 1031 exchange.
Example Project
Real Estate Investment Path Guidance
Example of the type of engagement we can handle
Client Situation
Investor in Denver is selling a property through a 1031 exchange and wants to understand which reinvestment structures, direct ownership, DST, or otherwise, are actually available for the proceeds.
Our Approach
We confirm the capital source requires 1031 eligible replacement property, compare direct ownership against properly structured DST and tenancy in common options, and coordinate introductions to licensed providers for securities based structures when requested.
Expected Outcome
Investor understands which real estate investment structures are available given the source of the capital, and has a clear comparison of control, management, and eligibility tradeoffs.
Educational content only. Not tax, legal, or investment advice. A 1031 exchange defers income tax on qualifying real property and does not remove transfer or documentary taxes. DST or TIC may be securities. We do not sell securities. We provide introductions to licensed providers only.
The Forty Five Day Identification Period Explained
Plain language guide to how the forty five day identification clock starts, what counts as a valid identification, and why the deadline never moves.
The One Hundred Eighty Day Exchange Deadline Explained
How the one hundred eighty day closing window is calculated, why it runs alongside the identification period instead of after it, and what triggers an earlier deadline.
Understanding Boot in a 1031 Exchange
A plain law explanation of cash boot and mortgage boot, how each becomes taxable, and how investors structure a purchase to avoid triggering either one.
The Qualified Intermediary Role Explained
Why a qualified intermediary is required under the safe harbor rules, what disqualifies a party from serving in that role, and how exchange funds stay outside investor control.
Common Questions
Frequently asked questions
Which real estate investment paths preserve 1031 exchange eligibility for a Denver, CO investor?
Direct ownership of real property and properly structured Delaware Statutory Trust or tenancy in common interests preserve 1031 eligibility, since these are treated as ownership of real property. Real estate investment trust shares and most syndication or crowdfunding equity are treated as personal property interests and do not qualify.
Why do not REIT shares qualify for a 1031 exchange in Denver, CO?
A REIT share represents an ownership interest in a company, not a direct interest in real property, even though the company itself owns real estate. The tax code requires like kind real property on both sides of a 1031 exchange, and a REIT share does not meet that standard.
What is the difference between a syndication and a Delaware Statutory Trust for a Denver, CO investor exchanging into a passive investment?
A syndication typically pools investor capital into an LLC or limited partnership, and the investor owns an interest in that entity rather than the property directly, which generally is not 1031 eligible. A Delaware Statutory Trust holds title to real property in trust for the benefit of investors, and under Revenue Ruling 2004-86, a beneficial interest in a properly structured DST is treated as a direct interest in real property for exchange purposes.
Does a Denver, CO investor need a real estate license to invest directly in property?
No. Direct real estate investment, whether a rental property, commercial building, or land, does not require a real estate license. A license is required to act as an agent or broker representing other parties in transactions, not to purchase and hold property for one's own investment portfolio.
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