Are You an Accredited Investor

The actual income, net worth, and license tests for accredited investor real estate status, and why the answer determines whether a DST is available to a Miami seller.

"Accredited investor" is a specific legal status defined by the SEC, not a marketing term, and it determines which private investments a person is legally permitted to buy, including DST offerings used in many 1031 exchanges. The definition has grown somewhat broader over the years, but it still excludes most households. Knowing whether you qualify, before you start comparing DST sponsors or private funds, saves time and avoids the disappointment of falling for an offering you cannot actually purchase.

The Income Test

An individual qualifies based on income if they had income exceeding two hundred thousand dollars in each of the two most recent years, with a reasonable expectation of the same in the current year. Married couples can qualify jointly at three hundred thousand dollars combined income under the same two-year and current-year expectation standard. The income test looks at actual earned and investment income as reported, not net worth or assets, so a high earner with modest savings can still qualify under this path.

The Net Worth Test

Separately, an individual or couple qualifies if their net worth exceeds one million dollars, excluding the value of their primary residence. This exclusion matters in Miami, where home values have risen enough that many households would clear a million dollars in net worth if the primary residence counted, but do not once it is excluded. Investment real estate, retirement accounts, and other assets do count toward this test, along with liabilities other than the primary mortgage being subtracted.

Professional and License-Based Qualification

Beyond the financial thresholds, certain professional licenses qualify someone as accredited regardless of income or net worth, including a Series 7, Series 65, or Series 82 license in good standing. This path exists to recognize that some individuals have the financial sophistication to evaluate private offerings even without meeting the wealth thresholds, and it is a route some real estate professionals and financial advisors use themselves.

How Sponsors Actually Verify Accreditation

A DST sponsor cannot simply take your word for it. Verification typically involves a letter from a CPA, attorney, or registered investment advisor confirming your status, or documentation of income through tax returns and net worth through account statements and appraisals. This verification step is a securities law requirement, not an extra hurdle the sponsor invented, and it applies to every investor in a private placement offering regardless of the sponsor.

What This Means if You Are Not Accredited

If you do not currently meet any of these tests, DST interests are simply not available to you as a 1031 replacement property option, though this does not close off the exchange itself. Directly owned replacement property, a single rental, a small multifamily building, or a commercial property in Miami, remains fully available regardless of accreditation status, and it is worth confirming this distinction early rather than discovering it after identifying a DST during the 45-day window.

Entity-Level Accreditation Works a Little Differently

The tests above cover individuals, but a trust, corporation, or LLC can also qualify as an accredited investor in its own right, generally by holding total assets above five million dollars and not having been formed for the specific purpose of buying the offered security. This matters for a Miami owner who holds title through an LLC or family trust, since the entity's own asset base, not necessarily the individual members' personal finances, may be what a sponsor actually evaluates during verification. The rules here get technical quickly, and confirming which test applies to your specific ownership structure before you start comparing offerings avoids a delay once the 45-day clock is running.

Timing the Check Against Your Exchange Deadline

Because a DST sponsor's verification process, gathering a CPA letter or account statements, can take days to complete, an investor who waits until deep into the 45-day identification window to confirm accredited status is adding avoidable risk to an already tight timeline. Anyone selling appreciated Miami property who thinks a DST might fit their plan is better served figuring out accreditation status before the sale even closes, so the answer is settled well before the clock on identification starts running.

Common 1031 Exchange Questions

What is the income threshold to be an accredited investor?

Two hundred thousand dollars in individual income, or three hundred thousand dollars combined for a married couple, in each of the two most recent years, with a reasonable expectation of the same this year.

Does my home count toward the net worth test?

No, the value of your primary residence is specifically excluded from the net worth calculation used to determine accredited investor status.

Can I invest in a DST if I am not accredited?

No, DST offerings are sold as private placements restricted to accredited investors under SEC rules. A non-accredited investor would need to identify a directly owned replacement property instead.

How do sponsors verify accredited investor status?

Typically through a letter from a CPA, attorney, or registered investment advisor, or through documentation such as tax returns and account statements confirming income or net worth.

Does having a real estate license make me an accredited investor?

No, a real estate license alone does not qualify you. The professional license path applies specifically to certain securities licenses, such as Series 7, 65, or 82.

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