Who The Deferred Sales Trust Is Not For


“My biggest thing is I don’t want people to overpay” – Brett Swarts


I put in my shoe so I’m 36. I invest in senior housing deals, multifamily, retail, mixed-use value add opportunities. If you can find a value add force appreciation deal that makes sense right now, buy it. Do 1031. By the way, we’re a backup plan for a failed 1031. The lease has this as an option as a backup plan. We don’t charge you for any of that. But go for your 1031, we don’t take up any of the spots, but go for your 1031. At the age of 46 when you want to, we can save that. But if you can find a value add a deal, buy it. That’s wonderful. We love that. Who is it not for? Everyone else, if you’re selling a business, you’re selling a primary home, we think it’s a no brainer. If you’re completely charitable. Do a Charitable Remainder Trust, if you want to give 100% away, no problem. The Deferred Sales Trust can also go to charity, too. You can give 20% 50% 100% after, it’s fine. This gives you more flexibility there. But if you want to do 100% charitable. I mean, that’s really it. Maybe the tax is too small, Mark. Let’s say you’re selling a deal for 10 million bucks and the taxes only 100,000 a liability, we’re gonna say, Mark, just pay the tax, take your 9.9 and walk away and wait till you find a deal.

The liability has to be big enough. What are the ratios for every $100,000 of actual liability? That’s the check you’re gonna write to state-federal and Obamacare and depreciation recapture. For every 100,000 we want about $500,000 in proceeds. That’s kind of the ratio, our average deal is about 2.6 million, and we’re deferring somewhere between 350 and $500,000 in liability. That’s it, my biggest thing is I don’t want people to overpay. My story is one from Marcus & Millichap, where I saw people get hurt. I started in 06, I was still really young in college or graduate in 07, and I was at Marcus & Millichap. Everything had to crash in 08, and I watched people just get really hammered because they had too much debt. They had overpaid, and they felt pressured and trapped. We want to just give people the tool and power them with the tool and say you decide what you want. By the way, you can do a third, a third, a third, you could do a partial 1031 Exchange, partial Deferred Sales Trust, partial charitable. It doesn’t have to be all or the other. It’s a mix of what you want.




Closed Deal Story


Selling Bitcoin, Ethereum Capital Gains Tax-Deferred Using the Deferred Sales Trust


I believe that is where we’re at with cryptocurrency’s current marketplace. We closed the first Bitcoin and Ethereum case for $5 million and helped the client defer around $1.5M in capital gains tax. Now we’re getting a wave of individuals who are finding us. You might be finding us right now.

One of the biggest challenges with folks who are selling cryptocurrency is they want to be able to diversify, they want to be able to time the real estate market and or even the crypto market, they want to be able to have some liquidity, some cash flow, and so part of this vision is taking helping our clients who are in cryptocurrency, buy an investment, real estate, all tax-deferred, using the Deferred Sales Trust, also invest with Jake Mellor as the financial advisor to in a diversified investment grade security or start a business. Whatever the outcome that you want to do. Why is it that you’re investing with any type of asset? What if you could sell high, diversify, and buy back in whenever you’d like to? This is what we’ve already done and we’re doing, we’ve already proven it.

Read The Full Case Study Here



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