Disclaimer: We are mineral buyers, not CPAs. Always consult a tax professional.
Uncle Sam always wants his cut, but how he takes it depends on what you do with your minerals.
Royalty Income = Ordinary Income
If you keep your minerals, the monthly royalty checks you receive are taxed at your highest :marginal tax rate. If you have a high salary from your job, your royalty checks might be taxed at 30% or higher.
You’ll also owe :severance tax to the state where the well is located—Texas charges about 4.6% on oil production.
Sale Proceeds = Capital Gains
This is a major advantage of selling. If you have owned your minerals for more than a year (or inherited them), the profit from selling is typically taxed as :Long-Term Capital Gains, which is usually a much lower rate—often 15% or 20% depending on your income.
The Inheritance Advantage
For heirs, it gets even better. You typically get a :Step-Up in Basis, which means you might pay zero capital gains tax if you sell shortly after inheriting.
Here’s an example: Your grandmother bought minerals in 1970 for $1,000. When she passed, they were worth $50,000. You inherit them, and your “basis” resets to $50,000. If you sell for $55,000, you only owe tax on the $5,000 gain—not the $54,000 gain from your grandmother’s original purchase.
The Depletion Deduction
One silver lining if you keep your minerals: you can deduct a portion of your royalty income for :depletion. It’s like depreciation, but for oil in the ground.
:marginal-rate
Your highest income tax bracket. For example, if you’re in the 24% bracket, each additional dollar of royalty income is taxed at 24%.
:severance-tax
A state tax on the extraction of natural resources. Texas charges 4.6% on oil and 7.5% on natural gas. This is typically deducted before you receive your royalty check.
:ltcg
Long-Term Capital Gains. Profits from selling assets held more than one year. Taxed at preferential rates (0%, 15%, or 20%) rather than ordinary income rates.
:step-up
Step-Up in Basis. A tax provision that adjusts the value of an inherited asset to its fair market value at the time of the owner’s death. This can eliminate decades of unrealized gains.
:depletion
A tax deduction that allows mineral owners to recover some of the cost of their investment as the resource is extracted. The percentage depletion for oil and gas is typically 15% of gross income.