Strategies
Strategy

Mineral & Royalty Interests

Own direct, exchange-eligible interests in producing oil-and-gas minerals and royalties — a distinctive 1031 asset class with high current income and no operating obligations.

Mineral and royalty interests are among the more esoteric corners of the 1031 world: because mineral rights are considered real property, an investor can exchange into producing oil-and-gas royalties and continue deferring gain — while collecting income with no drilling or operating risk.

1031Mineral rights eligible
~9.6%Avg current yield
DepletionTax-sheltered income
MonthlyRoyalty distributions

Overview

A royalty interest entitles the owner to a share of revenue from oil-and-gas production, free of the costs of drilling and operating the well. When packaged into a Delaware Statutory Trust, these interests become 1031-eligible replacement property, letting an exchanger move proceeds into an income stream backed by producing wells — often in the Permian and Anadarko basins — rather than another building.

The appeal is current income and tax characteristics. Royalty distributions tend to be high relative to other DST sectors, and a portion is typically sheltered by the depletion deduction, which offsets income as reserves are produced. The trade-off is exposure to commodity prices and to the natural decline of producing wells over time.

How it works

Sponsor aggregates royalties

A sponsor assembles a diversified pool of producing mineral and royalty interests, often across hundreds of wells and thousands of acres.

Packaged as a 1031-eligible DST

The interests are placed in a DST so exchange proceeds can be deployed as like-kind real property.

You collect royalty income

As wells produce, investors receive their pro-rata royalty share — typically monthly — net of no operating costs.

Depletion shelters income

A depletion allowance offsets a portion of distributions, improving after-tax yield over the hold.

Benefits

High current income

Royalty yields are typically well above other DST sectors, appealing to income-focused exchangers.

1031 eligibility

Mineral rights are real property, so royalty DSTs can serve as like-kind replacement property.

Depletion tax shield

The depletion deduction shelters part of the income, raising after-tax return.

No operating burden

Royalty owners bear none of the drilling, completion, or operating costs of the wells.

Considerations & risks

Commodity-price risk

Distributions rise and fall with oil and gas prices, which are volatile.

Production decline

Wells deplete over time; income can decline as reserves are produced without new drilling.

Concentration

Programs are concentrated in specific basins and operators, limiting diversification.

Illiquidity and complexity

Like other DSTs, these are illiquid private placements, with added geological and operator-specific risk.

How mineral & royalty DSTs compare on income and risk

DimensionMineral & royalty DSTTypical real-estate DST
Current incomeHigh (~9–10% target)Moderate (~5–6%)
Income tax shelterDepletion allowanceDepreciation
Primary riskCommodity price + declineOccupancy + rents
Operating dutiesNone (royalty)None (sponsor-managed)
AppreciationLimited; reserve-drivenProperty value growth
1031 eligibleYesYes
General characteristics; specific programs vary. Not investment advice.
Average current yield: minerals vs. real-estate sectors
9.6Oil & Gas Mineral/Royalty
5.21Net Lease
5.04Multifamily
4.5Self-Storage
2.79Office

Frequently asked questions

Are oil-and-gas mineral rights eligible for a 1031 exchange?
Yes. Mineral and royalty interests are generally treated as real property, so when packaged appropriately (often as a DST) they can serve as like-kind replacement property in a 1031 exchange.
How is royalty income taxed?
Royalty income is generally ordinary income, but a depletion allowance typically shelters a portion of it, improving the after-tax yield. Consult your CPA for your situation.
Why are mineral DST yields higher than other sectors?
Royalty interests pay out a share of production revenue without bearing operating costs, and they carry commodity-price and depletion risk — so current yields are typically higher to compensate.
What are the main risks?
Commodity-price volatility, the natural decline of producing wells, basin and operator concentration, and the illiquidity common to all DSTs.

Key terms

Royalty interest
A right to a share of oil-and-gas production revenue, free of drilling and operating costs.
Mineral interest
Ownership of the minerals beneath a tract of land, including the right to lease and receive royalties.
Depletion allowance
A tax deduction that offsets income as a finite resource is produced, sheltering part of royalty distributions.
Basin
A geological region of oil-and-gas production, such as the Permian or Anadarko.
Decline curve
The expected decrease in a well's production over time as reserves are extracted.
Considering Mineral & Royalty Interests for your exchange?Talk to an advisor