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Can you do a 1031 exchange on mineral rights?
Sarah Smith 
To summarize, a mineral lease and mineral royalty are considered real property for federal tax purposes and may be eligible for a 1031 exchange; whereas, a production payment is not like kind to real estate and is not eligible for 1031 treatment. All of this can be achieved legally without paying taxes.
What are mineral rights and royalties?
Mineral Rights Owner- If you are solely a mineral rights owner, you earn the royalties that come from extracting the minerals from the land in question. You do not have control over what occurs on the surface. As the mineral rights owner, you can sell, mine or produce the gas or oil below the surface.
How long do oil and gas royalties last?
Here’s the short answer: Mineral rights last as long as you do. If you own your mineral rights outright (perhaps as a part of your entire property estate), then you will be the owner of your mineral rights so long as you are alive. Mineral rights are required to earn oil and gas royalties, so they can be very valuable.
Can a mineral rights lease give you royalties?
If you sign a mineral rights lease, then you are on your way to earning oil and gas royalties. As a mineral rights owner, you can receive royalty compensation on the sale of crude oil, natural gas, and other valuable resources found on your property.
Who is the owner of oil and gas royalties?
If you own your mineral rights outright (perhaps as a part of your entire property estate), then you will be the owner of your mineral rights so long as you are alive. Mineral rights are required to earn oil and gas royalties, so they can be very valuable. Mineral rights can be gifted, sold, or bequeathed to another individual or entity.
What kind of taxes do oil and gas companies pay?
These usually come at the beginning of an oil and gas lease, as a sort of “signing bonus.” State income taxes may come in the form of a flat rate or fixed percentage. Of course, some states, like Texas, Wyoming, and Nevada do not enforce a state income tax. Conveniently, these are great states for oil and gas production.
