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Delaware Statutory Trust Guide

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Delaware Statutory Trust Guide


What Is A Delaware Statutory Trust?

A Delaware Statutory Trust (DST) is a sophisticated investment product consisting of a portfolio of real estate properties that have been purchased by the Delaware Statutory Trust company. These portfolio of real estate properties are securitized by the Delaware Statutory Trust sponsor and filed with the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA). The Delaware Statutory Trust investment product is deemed a sophisticated investment product; thus it is required that anyone considering the Delaware Statutory Trust must be an accredited investor. The Delaware Statutory Trust has been around for 30+ years and is utilized in a 1031 exchange. The 1031 exchange rule comes from the Internal Revenue Service (IRS) code section 1031 that allows real estate investors to exchange like kind property in order to defer the capital gains tax. The Delaware Statutory Trust is in compliance with the IRS tax code. The same rules in a traditional 1031 exchange apply to a Delaware Statutory Trust 1031 exchange. Some misconceptions are that the DST properties are only in Delaware. This is not the case. Delaware Statutory Trust properties could be located anywhere in the USA like a Delaware Statutory Trust California portfolio of multifamily properties. The main purposes to invest in a Delaware Statutory Trust is to defer the capital gains tax, receive passive monthly income as if you were still a landlord without the headaches, and to participate in the potential appreciation when the Delaware Statutory Trust properties sell. 

 

How Does A Delaware Statutory Trust Work?

A Delaware Statutory Trust works similar to a 1031 exchange. How does a Delaware Statutory Trust work? If you are selling a piece of rental real estate and looking to defer the capital gains tax, your first thought is to explore the 1031 exchange. Many real estate investors are familiar with the 1031 exchange. Most people are not familiar with the Delaware Statutory Trust benefits that can come with the 1031 exchange. In a traditional 1031 exchange, you sell your real estate, and setup your qualified intermediary (QI) account. While you are still in escrow you may start looking at physical real estate replacement properties. In a high demand, low inventory real estate market like we are experiencing, it might be difficult to find a physical real estate replacement property to complete your 1031 exchange. You only have 45 days to identify your replacement investment properties in your 1031 exchange. This 45 day identification period in your 1031 exchange will expire quickly. You might be struggling to find replacement properties in a low inventory real estate market. You may be getting out bid on your offers for a replacement property. These factors make for a very difficult 1031 exchange for real estate investors. This is where the Delaware Statutory Trust investments can help real estate investors achieve their 1031 exchange goal to defer their capital gains tax in a stress free timely manner. In a Delaware Statutory Trust 1031 exchange, the way it works is a more streamlined and stress free process. When you decide to sell your real estate investment, you may start exploring the Delaware Statutory Trust investment option that works for you. Once you start getting offers on your property, you will want to setup your qualified intermediary account. The qualified intermediary account is required by law in order to successfully complete your 1031 exchange Delaware Statutory Trust. At Winthco Wealth Management, we have been working in the Delaware Statutory Trust industry for many years. We have built great relationships with many qualified intermediaries around the nation. If you do not have a qualified intermediary, do not worry! We can send you a referral to a qualified intermediary to help you complete your 1031 exchange at no additional cost to you. This is a stress free way that the Delaware Statutory Trust works with us! Once you have setup your qualified intermediary account, and you get close to closing escrow on your property, you will want to work with one of our Delaware Statutory Trust  representative to review the available DST portfolios. Once you have reviewed all available Delaware Statutory Trust portfolios, our DST representative will advise you on what portfolios they recommend you invest in. At the end of the day, you as the client has the final say in what Delaware Statutory Trust properties you want to invest in. At Winthco Wealth Management we work with your qualified intermediary to identify the available Delaware Statutory Trust properties and the addresses you want to invest in. We handle all of the paperwork, we do all the work for you! Once the Delaware Statutory Trust paperwork is submitted, and the funds are wired from the qualified intermediary, you star earning your passive monthly income the next month. Hopefully this topic clears up the question of how does a Delaware Statutory Trust work

Winthco Wealth Management Process For A Delaware Statutory Trust

When it comes the process for a Delaware Statutory Trust, we work with our clients throughout the entire process. We want to make sure our clients are fully educated on how a Delaware Statutory Trust works, what it is, the fees, etc. We have published this Delaware Statutory Trust guide to help our clients understand as much of the 1031 dst as possible. Even though this Delaware Statutory Trust guide might help answer some questions, you may have more questions. This is where our Delaware Statutory Trust guide and help you through some of the 1031 exchange process. After reading this step by step Delaware Statutory Trust guide, we encourage real estate investors to fill out a contact form to speak to a 1031 dst representative to help answer any further questions you have. At Winthco Wealth Management, we want to make sure you get all of your 1031 dst questions answered. The first step in the Delaware Statutory Trust process is to gather basic information from our clients. We gather Delaware Statutory Trust info like when you are selling your property, is there debt on the property being sold, are you an accredited investor, have you setup your qualified intermediary account? These basic Delaware Statutory Trust questions will determine if you qualify to invest in a Delaware Statutory Trust 1031. If we have determined that you qualify for a Delaware Statutory Trust 1031 exchange, we will schedule you an appointment with a licensed 1031 dst representative. In our Delaware Statutory Trust process with a licensed representative we will explain what a Delaware Statutory Trust is, how it works, the fees, etc. We will answer any questions regarding the 1031 dst that we can for you. After this call, we encourage potential clients to schedule a follow up call. In our Delaware Statutory Trust process, we like to introduce you to one of our Delaware Statutory Trust companies that we work with. This allows you to be introduced directly to a Delaware Statutory Trust sponsor that you could invest in. we want you to hear the story of the dst sponsor, meet someone personally from the company, and answer any further questions you have. In our Delaware Statutory Trust process we will schedule as many conference calls as needed in order to ensure you have a full understanding of how the Delaware Statutory Trust works and our process. Once you get closer to closing escrow on your real estate investment property, we will present you with the available dst portfolios. We will advise you the best allocation for a Delaware Statutory Trust investment based on your risk tolerance and investment goals. We will work with your qualified intermediary to ensure any debt on the relinquished property is replaced, all of the fractional interest is prepared correctly, and assist with all the necessary paperwork to complete your Delaware Statutory Trust investment. Once the Delaware Statutory Trust investment properties have been decided, we will instruct the qualified intermediary of where to wire the funds. After this Delaware Statutory Trust process the last step is closing escrow on the Delaware Statutory Trust investment properties and then you start getting your passive monthly income the following month.

Tax Deferral Process In A 1031 Exchange Delaware Statutory Trust

In a 1031 exchange into a Delaware Statutory Trust, the main objective is deferring the capital gains tax. How does a Delaware Statutory Trust work to defer the capital gains tax? With the Delaware Statutory Trust, you can utilize the 1031 exchange process as if you were buying another replacement property. Instead of purchasing a replacement property of equal or greater value, and having to manage it, you can 1031 exchange into a Delaware Statutory Trust. The DST property has already been purchased by the Delaware Statutory Trust company. This eliminates the need to find a replacement property of your own in your 1031 exchange. The 1031 exchange rules are still the same. You still need to setup a qualified intermediary. You are still subject to the 45 day identification rule, and 180 days to close in your 1031 exchange tax deferral process. When you 1031 exchange into a Delaware Statutory Trust, you rarely need to utilize the 180 day to close rule in your 1031 exchange. Since the Delaware Statutory Trust company has already purchased the property, financed it, and closed escrow on the property, you need not worry about closing escrow on a Delaware Statutory Trust property. Real estate investors can also utilize the Delaware Statutory Trust to 1031 exchange boot in your transaction. If you have excess cash after you purchase a replacement property in your 1031 exchange, those excess funds or “boot” in your transaction or subject to the capital gains tax. You can utilize the dst to 1031 exchange into a Delaware Statutory Trust for the boot in your transaction. It could be a small amount like $100,000 or it could be millions that you are not sure what you can or want to do with. Instead of paying the capital gains tax, you can defer your capital gains tax by doing a 1031 exchange into a Delaware Statutory Trust for your excess proceeds. If you do not want to purchase multiple replacement properties in your 1031 exchange, you can utilize the Delaware Statutory Trust investment properties. We typically have access to 3-5+ DST portfolios at any given time. If you are planning a 1031 exchange for replacement properties and anticipate that you will not utilize all of the funds, you can 1031 exchange into a Delaware Statutory Trust to defer the capital gains tax on the boot in your transaction. Please fill out the form below to speak to a 1031 DST representative today, call our office directly 805-583-2720 or If you would like to visit our office in person, you can do so at - 1871 Tapo St. Simi Valley California 93063.

 

What Is The Average Cash On Cash Return In a Delaware Statutory Trust?

The most common question we get from our clients is what is the cash-on-cash return of a Delaware Statutory Trust. What is the expected yield on a Delaware Statutory Trust? What are the distribution rates of a Delaware Statutory Trust? This is the most common question we get asked. Every Delaware Statutory Trust company is different and the distribution rates or different from DST company. What we always portray to our clients is the main objective of deferring the capital gains tax. For many real estate owners, they have held onto their investment property for 10,15,20+ years. This leads to a low-cost basis, and large capital gains. By deferring the capital gains tax with a Delaware Statutory Trust, you could be saving thousands, tens of thousands, hundreds of thousands, if not millions of dollars by deferring the capital gains tax with a Delaware Statutory Trust. This is the main benefit of a Delaware Statutory Trust. When clients ask, what is the highest cash on cash return Delaware Statutory Trust? What is the best distribution rate for a Delaware Statutory Trust investment portfolio? What is the highest yield on a Delaware Statutory Trust portfolio that you have available? We have to remind our clients that this is a tax deferral investment tool as its main objective to 1031 exchange into a Delaware Statutory Trust. The distribution rate, cash on cash returns, yields, etc are benefits of the Delaware Statutory Trust but not the main objective. The Delaware Statutory Trust distribution rates added benefits to your 1031 exchange. Why would you invest your hard-earned money into an asset that you have or planned to hold for 5,10,15,20+ years and sell it to invest into something that is aggressive and puts your investment proceeds at risk? There are a lot of high-risk Delaware Statutory Trust companies out there that promote high cash on cash returns for a sub par class B or lower asset class. What we tend to find, is that these high yield Delaware Statutory Trust companies promote a high yield Delaware Statutory Trust investment to get you into their fund. After being invested in their DST investment portfolio for some time, they could lower their distribution rates, exercise a cash call to investors, or possibly go bankrupt. If the real estate market crashes like we experienced in 2008, the high yield Delaware Statutory Trust company might not be able to make its debt obligations. This could force the Delaware Statutory Trust to file bankruptcy or sell their assets at a loss. For these reasons, we only work with the largest Delaware Statutory Trust companies that have been around for 20,30, even 50+ years. The largest Delaware Statutory Trust companies will typically be very conservative in their underwriting of 1031 DST properties. This puts their cash on cash returns and distribution rates on the more conservative side. They do this in order to under promise, and over deliver for their Delaware Statutory Trust investors. The largest Delaware Statutory Trust companies have projected rental increases for their real estate properties. With the rental increases, they can pass these rental increases onto the dst investors. This can increase their distribution rates and yields on the Delaware Statutory Trust portfolio. There is such a wide variety of Delaware Statutory Trust companies and yields that are promoted. The Delaware Statutory Trust yields differ from asset class to dst companies. Multifamily dst portfolios will have lower cash on cash returns, but project higher appreciation returns. Commercial asset classes will have higher Delaware Statutory Trust yields, with lower projected appreciation when the property sell. The wide range of Delaware Statutory Trust yields can be confusing, and this is why we encourage those who are selling their rental properties to fill out the from to speak directly to one of our Delaware Statutory Trust representatives. If you would like to visit our office in person, you can do so at - 1871 Tapo St. Simi Valley California 93063 

 

Can Anyone Invest In A Delaware Statutory Trust?

No! A Delaware Statutory Trust investment product is for accredited investors only. The Delaware Statutory Trust is a sophisticated investment product that is illiquid. The DST investment product has an average holding time of 5-7 years. What does it take to be an accredited investor? To be an accredited investor you must have an income of $200,000 for the past two years if filing single on your tax return. If married and filing joint, you must have income of $300,000 for the past 2 years. You are an accredited investor if you have a net worth over $1m, excluding your primary residence. The basic calculation to determine if you are an accredited investor for a Delaware Statutory Trust investment is assets- liabilities. Assets can include rental properties, retirement accounts, cash, vehicles, investment accounts, or any other assets that can be converted to cash. If you would like to visit our office in person, you can do so at - 1871 Tapo St. Simi Valley California 93063 

 

Benefits Of A Delaware Statutory Trust

The benefits of a Delaware Statutory Trust can include many things. The main benefit of a Delaware Statutory Trust is the deferral of capital gains. There are many Delaware Statutory Trust pros and cons but the benefits could save you a lot of money on taxes! We always look at the benefits of a Delaware Statutory Trust from a tax perspective. Since we are a CPA/Tax office as well as a wealth management firm, we look at all investment products from a tax perspective. The obvious main benefit of a Delaware Statutory Trust is the deferral of capital gains tax but lets look at some of the other benefits of a Delaware Statutory Trust. Some of the other benefits of a Delaware Statutory Trust include the passive monthly income from investing in the 1031 DST properties. When you invest in a Delaware Statutory Trust you receive passive monthly income just as you would if you were still a landlord of the property. The benefit to investing in a DST is you do not have to manage the property. The Delaware Statutory Trust company is the master tenant and responsible for managing the investment property. This takes the headache and stress out of being a landlord, and the benefits of receiving the passive monthly income. Another great Delaware Statutory Trust benefit is the ability to participate in the appreciation of the DST properties when it is sold. The goal of the DST company is to sell the investment property and make money. If the Delaware Statutory Trust company sells at a profit, then you are allowed to participate in the appreciation growth of the DST property that was sold. Once the Delaware Statutory Trust investment property is sold, your funds go back to a qualified intermediary. Once your funds are with the qualified intermediary you now have the decision to make. You can take the proceeds in cash and pay the capital gains tax. You can 1031 exchange out of the Delaware Statutory Trust and purchase a physical replacement investment property, or you can 1031 exchange into a Delaware Statutory Trust that has available equity. This is one great Delaware Statutory Trust benefit that we like to educate our clients on. If you wish to defer your capital gains tax for life, you can do so with the 1031 exchange Delaware Statutory Trust “swap till you drop” model. This is the DST benefit to defer your capital gains tax for life, and leave the proceeds to your beneficiary. These are all great Delaware Statutory Trust benefits that you can experience when you invest into a 1031 exchange DST. If you would like to visit our office in person, you can do so at - 1871 Tapo St. Simi Valley California 93063 

 

Replacing Debt With A Delaware Statutory Trust in a 1031 Exchange

If you are selling your rental property with an existing mortgage debt obligation, you must replace that debt in your 1031 exchange. If the debt is not replaced of equal or greater value in your 1031 exchange, this is considered boot, and is a taxable event according to the IRS. Can you replace your debt with a Delaware Statutory Trust? Yes! The DST debt replacement is possible with the use of leveraged Delaware Statutory Trust portfolios. There are two types of Delaware Statutory Trust investment portfolios. Leveraged and non-leveraged, or debt free dst portfolios. If you have debt on the property you are selling, you can utilize the leverage on a Delaware Statutory Trust portfolio. Typically, the DST debt replacement is simple because the Delaware Statutory Trust sponsor is financing their investment property. The leverage on some of these DST debt replacement properties can range from 40-60%. There are even highly leveraged DST debt replacement portfolios called Zero coupon DST portfolios. These zero coupon dst debt replacement portfolios are leveraged around 80% or more of debt. These zero coupon dst debt replacement portfolios do not provide passive monthly income, only potential appreciation. These zero coupon dst debt replacement portfolios are utilized when you are selling a property with a debt-to-equity ratio over 60%. If your debt-to-equity ratio is 60% or less, than you can invest into a Delaware Statutory Trust leveraged portfolio and replace your debt in a 1031 exchange. At Winthco Wealth Management we work with you qualified intermediary to come up with the debt-to-equity ratio to match the leverage in a dst debt replacement portfolio to ensure your debt is replaced in your 1031 exchange. What if you are selling a property that is paid of with no debt, can you invest into a leveraged Delaware Statutory Trust investment portfolio? Yes! If you are selling a rental property in a 1031 exchange and the property is fully depreciated or almost fully depreciated with a low-cost basis, you might want to invest into a leveraged DST portfolio. When you invest into a leveraged Delaware Statutory Trust portfolio you get the accelerated depreciation of the DST property that you can deduct from your tax return. Investing into a leveraged Delaware Statutory Trust portfolio when you have no debt can provide these tax benefits. When you pickup debt in your 1031 exchange by investing in a dst debt replacement property, you must replace that debt in your subsequent 1031 exchange when the dst property sells. If you plan to swap till you drop with the Delaware Statutory Trust, then replacing the debt with a leveraged dst portfolio is a simple process. All you have to do is identify another leveraged dst portfolio in your 1031 exchange to replace the debt you acquired. If you have questions regarding replacing the debt in your 1031 exchange with a DST, please fill out the form or call – 805-583-2720 to speak to a registered representative who can explain the dst debt replacement  process for you in more detail.  If you would like to visit our office in person, you can do so at - 1871 Tapo St. Simi Valley California 93063 

 

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Ultimate Delaware Statutory Trust Guide Continued 

We Work With Many Different Delaware Statutory Trust Companies

At Winthco Wealth Management, we run all of our investment transactions through our broker dealer – Avantax. Our broker deal has very stringent compliance policies when it comes to Delaware Statutory Trust companies. Avantax approves the Delaware Statutory Trust companies that we are allowed to work directly with through a selling agreement. Each Delaware Statutory Trust portfolio must be approved by our broker dealer. This process involves the Avantax legal and compliance department to ensure it is a suitable investment for our clients. This is the same process when it comes to adding a new Delaware Statutory Trust company to our approved sponsors. Avantax is constantly reviewing potential DST companies to add to our approved sponsor list. We only work with the largest and most reputable Delaware Statutory Trust companies in the US. This ensures suitable dst investment products for our clients that our legal and compliance department at Avantax have approved us to offer to our clients. Since we work with many different Delaware Statutory Trust companies, this gives us real estate property diversification, different distribution rates, and geographic diversification. We work with each client individually who is looking to invest in a Delaware Statutory Trust in their 1031 exchange. Based on the risk tolerance of our clients, investment goals, and expectations, we will seek out the appropriate DST sponsor who will fit the needs of our clients. Each client has different goals and objectives, and it is our responsibility to find the available dst properties to fit our clients needs. We will mix and match dst properties and dst sponsors to build a diversified portfolio of Delaware Statutory Trust investment properties for our clients. If you would like to review the full list of approved Delaware Statutory Trust sponsors, please fill out the form below or call our office directly at 805-583-2720 to speak to a DST representative. If you would like to visit our office in person, you can do so at - 1871 Tapo St. Simi Valley California 93063 

 

What Types Of Real Estate Can I Invest Into A Delaware Statutory Trust?

When it comes to investing in a Delaware Statutory Trust you want diversification. We like to diversify our DST clients into multiple different asset classes. Some of these different types of Delaware Statutory Trust properties can include multifamily, self-storage, grocery stores, senior living, Amazon fulfilment centers, 7-11 locations, student housing, hotels, retail stores, medical office buildings, and more. Each of these different types of asset classes in a Delaware Statutory Trust can have different estimated holding times, distribution rates, and projected appreciation returns. Multifamily Delaware Statutory Trust properties tend to have lower cash-on-cash yields but higher anticipated appreciation. Other commercial asset classes tend to have higher cash on cash yields with lower anticipated appreciation returns. Because we have access to many different asset classes that you can invest into a Delaware Statutory Trust in a 1031 exchange, we mix and match different asset classes. We do this in order to diversify by cash on cash yields, appreciation, and preservation of capital. If you would like to visit our office in person, you can do so at - 1871 Tapo St. Simi Valley California 93063 

How Long Do I Have To Hold A Delaware Statutory Trust? Is A DST Liquid?

The projected holding period for a Delaware Statutory Trust investment property is on average 5-7 years up to 10 years. That does not mean that there is a stated date that the DST company will sell the property. These are historical averages of the Delaware Statutory Trust holding period before the sponsor sells the property. That does not mean that the Delaware Statutory Trust holding period could be less than that or even longer. What we have experienced is that multifamily Delaware Statutory Trust investment properties tend to have a low holding time less than 5 years. Multifamily Delaware Statutory Trust investment properties are appreciating at a much fast pace in the secondary markets. Because of the fast appreciation growth of the multifamily DST portfolios, they are selling sooner. Other commercial assets classes in a Delaware Statutory Trust portfolio still average the 5-7 year holding time with the slower appreciation growth. The Delaware Statutory Trust management team decides when to sell the properties. These means that it is at the discretion of the DST company when to sell. This mean that the Delaware Statutory Trust is not a liquid investment. You cannot sell your fractional ownership in a DST. There is no secondary market to quickly sell your DST shares. If you would like to visit our office in person, you can do so at - 1871 Tapo St. Simi Valley California 93063 

What Happens When The Delaware Statutory Trust Company Sells The Real Estate?

If you have been in the Delaware Statutory Trust investment for the full holding time, you might get a notice that the property is being sold. Typically a DST company will give you a 30,60,90 day notice that the property or properties are being sold. What do you do when the Delaware Statutory Trust sells the property? You have multiple options when the DST company sells the real estate in your portfolio. When the Delaware Statutory Trust  company sell the portfolio of real estate, you funds will need to go back to a qualified intermediary in order to do another 1031 exchange. You can 1031 exchange out of the DST into a physical replacement property. You must replace any debt that you had in the dst when acquiring a replacement property. You can take all of the proceeds in cash, you will have to pay the capital gains tax. You can take a portion of the cash (pay the capital gains tax) and 1031 exchange into a replacement property or into a dst portfolio. You can 1031 exchange into a Delaware Statutory Trust portfolio or multiple portfolios. In this scenario, you can utilize the swap till you drop 1031 exchange into a DST for as long as you live. If you have a Delaware Statutory Trust portfolio that is being sold, you can come to Winthco Wealth Management and we will help you 1031 exchange your dst into another portfolio or diversify into multiple portfolios.   

 

Estate Planning With A Delaware Statutory Trust For Your Beneficiaries

For some real estate investors, they do not want to pay the capital gains tax when they sell their real estate. They do not want to manage a property anymore and like the concept of the Delaware Statutory Trust. What most real estate investors do not know, is that the DST can not only defer the capital gains tax, but it can be a great legacy planning tool. Instead of leaving a physical property to your beneficiaries that they have to manage, repair, and deal with tenants, they can name them as a beneficiary in a Delaware Statutory Trust investment. Because this is a real estate investment, the beneficiaries get the step up in costs basis at fair market value when you pass. Your beneficiaries can continue to invest in the Delaware Statutory Trust and receive the passive monthly income. If they would like to take the proceeds in cash when the Delaware Statutory Trust sells its properties, they can sell at the stepped-up cost basis. We emphasize the swap till you drop Delaware Statutory Trust process because you can defer the capital gains tax out for life, and your beneficiaries get the step up in cost basis. If you have inherited a Delaware Statutory Trust, or like the concept of swap till you drop, please fill out the form to speak to a representative to discuss the legacy estate planning tool DST with us in more detail.  If you would like to visit the Winthco Wealth Management office in person, you can do so at - 1871 Tapo St. Simi Valley California 93063.

Fees For Investing In A Delaware Statutory Trust

A common question that comes up in every conversation is what does a Delaware Statutory Trust cost to invest in? What are the Delaware Statutory Trust fees? At Winthco Wealth Management we have full transparency with our clients. Just like any investment out there, there is a cost to be in an investment. Just like your real estate investment. You pay a commission to a realtor when you sell your property. You pay a commission to a lender when you finance a property. You pay closing costs and other fees associated with physical real estate. What most real estate investors don’t realize is that the fees when owning a real estate investment property can range from 5-9%. When investing in a Delaware Statutory Trust, the fees are similar. The Delaware Statutory Trust fess range from 5-9%. The cost to invest in a Delaware Statutory Trust are broken down by the following fees- selling commission, dealer fee, placement agent fee, organization & offering expense, and acquisition fee. These fees are all baked in which is how they come up with the cash on cash returns.  The Delaware Statutory Trust fees of 5-9% are an industry standard. Winthco Wealth Management has a capped commission which makes us one of the lowest Delaware Statutory Trust fees. If you would like to discuss the Delaware Statutory Trust cost in more detail, please fill out the form below or call us directly 805-583-2720 and we would be happy to discuss the Delaware Statutory Trust fees with you in more detail. If you would like to visit the Winthco Wealth Management office in person, you can do so at - 1871 Tapo St. Simi Valley California 93063.

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