[WSBARP] DSTs and WA Estate Tax

Bryce Dille Bryce at dillelaw.com
Wed Oct 23 09:11:36 PDT 2024


If it's the result of a 1031 it has to be a real property interest and it's probably held as a tenant in common .

Bryce H. Dille
Dille Law, PLLC
1800 Cooper Point Road SW Bldg 11
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Wednesday, October 23, 2024 9:00 AM
To: 'RPPT listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] DSTs and WA Estate Tax

If a WA client has real property outside of Washington, they will generally receive a reduction in their WA Estate tax for the proportion of their estate that out of state property represents. If they have utilized a 1031 exchange, selling that property and buying into a DST (Delaware Statutory Trust), will their ownership of the DST be treated as personal property (like if it was an LLC) or as real property outside of Washington?

If anyone has experience or specific knowledge about this I'd love to talk with you. Current EP clients have an estate which is comprised almost 50% DST interests.

Heather

Heather S. de Vrieze
Attorney-at-Law
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