Level 6
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Business & farm

Where do you see that a DST doesnt have to file anything or that its to "facilitate a 1031 exchange"? Assuming that the trust doesnt make a change to be treated a corporation,  it would have to file a 1041. While a 1031 exchange is an option for an DST, the laws of delaware doesnt limit it down to just that. In fact, in §3801(g) of the DST Act states "A statutory trust may be organized to carry on any lawful business or activity, whether or not conducted for profit, and/or for any of the purposes referred to in paragraph (g)(1) of this section." In the point of view of the IRS, a DST is no different from any other trust and "would be a simple, complex, or grantor trust depending on the terms of trust instrument." It also states, "The regulations require that trusts operating a trade or business be treated as a corporation, partnership, or sole proprietorship, if the grantor, beneficiary or fiduciary materially participates in the operations or daily management of the business. Filing requirements would depend on this classification."

I do plan on talking to a professional about it soon though.