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Answers · DST properties

Can I choose which properties a DST buys?

No. A DST owns its real estate before you invest and cannot buy more afterward. You choose by picking among trusts, each with its properties already fixed.

By Breakwater Exchange · Reviewed by our 1031 advisory team · Last reviewed

The short answer

No. A DST investor does not direct what the trust buys. The trust acquires its property, loan and master lease before interests are offered, and the tax ruling that makes DST interests eligible for a 1031 exchange, Rev. Rul. 2004-86, forbids the trustee from buying new property or accepting new money afterward. Your choice is made at the front end, by picking which trusts to buy into and how much to put in each. Once you are in, the portfolio is fixed until the trust sells.

At a glance

When property is boughtBefore the offering, by the trust or a sponsor affiliate
New acquisitionsNot allowed; the trustee may not buy property or reinvest sale proceeds
New capitalNot accepted, so no capital calls
Your choiceWhich trusts, how many and how much in each
IdentificationEach DST by its distinguishable name, within 45 days
If the trust sellsIt terminates and you decide your own next exchange

The trust owns its real estate before you are offered an interest

A form of DST trust agreement filed with the SEC as an exhibit to a REIT's 2019 Form 10-Q shows the sequence. A sponsor affiliate contracted to buy the property, the property was merged into the trust, the trust became subject to the loan and the leases, and only then were investor interests sold, each purchase redeeming part of the affiliate's stake.

That means the memorandum you read describes real estate the trust already owns, under a loan already closed and a master lease already signed. You are evaluating a finished portfolio, not funding a search.

The offering lifecycle explains how the sponsor acquires and then syndicates a property.

Rev. Rul. 2004-86 freezes the portfolio once investors are in

The ruling treats a DST as an investment trust only if the trustee has no power to vary the investment. Its trust agreement bars the trustee from exchanging the property, buying other assets beyond short-term government obligations and bank certificates, or accepting additional contributions of assets, including money.

The ruling then lists the powers that would turn the trust into a business entity, taxed as a partnership if it has two or more owners: disposing of the property and acquiring new property, renegotiating or refinancing the loan, investing cash to profit from market fluctuations, re-leasing outside a tenant's bankruptcy or insolvency, or making more than minor non-structural changes not required by law. A partnership interest is not real property under Reg. section 1.1031(a)-3(a)(5), so a trust with those powers would not work as replacement property.

The filed trust agreement mirrors the list. After investors come in, no one, including the beneficial owners, may sell the real estate except on termination, reinvest trust money beyond permitted repairs and reserves, enter new financing, re-lease, or accept capital from an owner except to complete the original raise.

No new capital means no capital calls, and no add-ons either

Because the trust cannot accept new money, it cannot ask you for more. Repairs are paid from reserves set up at the offering and from cash flow; how a DST pays for a roof without new capital covers the mechanics.

The same rule cuts the other way. If the trust sells, Rev. Rul. 2004-86 describes it as terminating on the disposition of the property, so proceeds are distributed rather than reinvested. Your next replacement is your own decision, made then; see what happens when a DST sells.

You choose by picking trusts: a worked example

Hypothetical: you have $1,500,000 of exchange proceeds and want industrial and apartment exposure in two regions. No single DST will build that for you, so you identify three trusts by name within 45 days and fund them.

Reg. section 1.1031(k)-1(c)(3) treats real property as unambiguously described by a distinguishable name, which is how DST interests are usually identified. Three trusts fit the three-property rule; more need the 200 percent rule. Run your own numbers with your CPA.

  • $600,000 into a single-asset industrial DST in one region.
  • $500,000 into a multifamily DST holding two communities in another region.
  • $400,000 into a portfolio DST of several net-leased buildings.
  • Each trust's properties, loan and lease are in its memorandum before you commit; nothing will be added later.

If you need to pick the building, a DST is the wrong tool

Some exchangers want to select a specific property, renovate it, or add to it over time. Those are powers a qualifying DST cannot have, and an owner who wants them buys property directly or with partners.

The trade-off is deliberate. The same restrictions that take away your choice of building also keep the trust classified as a trust rather than a partnership, which is what lets the IRS treat your interest as real estate for the exchange. A DST that could shop for properties would no longer qualify.

You can combine the two. Splitting an exchange between a DST and a direct purchase lets you control one asset while holding passive interests in others.

Related questions

Can investors vote to have the DST buy another property?

No. A trust with that power would fail Rev. Rul. 2004-86. How control and investor votes work is covered separately.

Can a sponsor create a DST around a property I find?

We found no primary source describing that as a practice. A trust built for one investor would still need to acquire the property before you exchange into it, and the timing would have to fit your 45 and 180 days.

Does the sponsor ever replace a property inside the trust?

Not in a qualifying DST; the trustee may not exchange the property for other property. Some trust agreements instead convert the trust to a springing LLC if the property is in distress, which is a different structure with its own consequences.

Can I pick which property in a portfolio DST my money goes to?

No. Rev. Rul. 2004-86 requires a single class of interests representing undivided beneficial interests in all of the trust's assets, so your fraction applies to every property the trust holds.

Is a multi-property DST still fixed?

Yes. The trust holds a defined set of properties from the start and cannot add or swap any.

Sources

Checked against these publications on September 30, 2026. Rules and figures change; confirm the current version with your CPA or attorney before you act. This page is general information, not tax or legal advice.

  1. Rev. Rul. 2004-86, Internal Revenue Bulletin 2004-33
  2. Form of DST trust agreement, Exhibit 10.1 to a REIT Form 10-Q (SEC, 2019)
  3. 26 CFR section 1.1031(k)-1(c), identification of replacement property (Cornell LII)
  4. 26 CFR section 1.1031(a)-3, definition of real property (Cornell LII)

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