1031 Exchange News & Insights

Using Royalties in a 1031 Exchange

December 05, 20252 min read

What are royalties?

A royalty is a percentage of revenue paid to a land owner (aka mineral owners) from the production of oil and gas on his or her property.

It's important to note that you are not participating in the riskier drilling operation.

How do mineral rights owners get paid a royalty?

  • Mineral Owners own interest in the sub-surface real estate—everything from the crust to the core—and are entitled to compensation for everything that is produced from their land.

  • As energy companies drill wells and produce hydrocarbons, they are required to pay a royalty to the mineral owners. The energy company, known as the operator, pays all drilling and operating expenses and assumes all drilling risks and liabilities.

  • Mineral Owners receive monthly royalty checks from the companies operating on their properties. This payment is generally 15-25% of the gross revenue produced from the property and is free and clear of any operational costs and drilling risks.

1031 "Into" and "Out Of" Royalties

Royalties & mineral rights are considered real property and are deemed to be “like-kind” to traditional real estate, qualifying them to be used in a 1031 exchange.

Individuals engaging in a 1031-Exchange can use royalties and minerals as an exchange solution. Subsequently, if they are looking to “exchange out of” minerals/royalties, they are able to purchase any other “like-kind” asset.

Benefits of Oil & Gas For Your 1031 Exchange

  1. Diversification: Royalties & minerals provide an opportunity for investors to step away from traditional real estate and diversify into a different asset class with exposure to different economics.

  2. Flexibility: Private Royalty Ownership is a 1031 exchange alternative that allows you to customize your investment level. Whether you sell your property for $100,000 or $5,000,000 you can exchange the exact proceeds into oil and gas royalties.

  3. Cash Flow: Low distributions based on compressed capitalization rates have left many traditional real estate investors hungry for higher rates of return. Minerals & Royalties have the potential to experience an acceleration in cash flow caused by the drilling of additional wells by oil & gas operators.

  4. Full Independence: Owners of undivided interests in royalty properties are not locked into an ownership structure that links them to other investors in the same property. Each owner is free to exercise control over holding period and exit strategy to suit individual investment objectives.

  5. Avoid 1031 Exchange Boot: The purchase of minerals & royalties can be used to consume any remaining exchange proceeds that an individual may have from the sale of their relinquished property or properties.

  6. Tax-Advantaged Income: Royalty income is allotted a 15% tax depletion allowance, meaning that 15% of the income received is tax sheltered.

Gerald F. "Jerry" Baker, III is the founder of Baker 1031 Investments, a firm built from firsthand experience navigating the intersection of institutional finance and generational family real estate. Jerry has experience working for some of the nation's most reputable real estate private equity firms and hedge funds. Over his career, he has been involved with more than $10 Billion worth of real estate activities.

Jerry Baker

Gerald F. "Jerry" Baker, III is the founder of Baker 1031 Investments, a firm built from firsthand experience navigating the intersection of institutional finance and generational family real estate. Jerry has experience working for some of the nation's most reputable real estate private equity firms and hedge funds. Over his career, he has been involved with more than $10 Billion worth of real estate activities.

Back to Blog

Access Available 1031 DST Property Listings

Baker 1031 Investments LLC is a real estate securities investment broker, focused on investment solutions for real estate investors in 1031 exchanges. As a result of the firm's focus on providing custom investment solutions to their clients, Baker 1031 Investments is the chosen investment firm by nearly 30% of sophisticated real estate investors. ¹

Contact

+1 (415) 579-1660

650 California Street, 7th Floor

San Francisco, CA 94108

Legal

Terms & Conditions

Privacy Policy

Aurora Securities Form CRS

Get started in less than 5 minutes.

The information herein has been prepared for educational purposes only and does not constitute an offer to purchase or sell securitized real estate investments. Such offers are only made through the Sponsor’s Private Placement Memorandum (PPM) which is solely available to accredited investors and accredited entities. DST 1031 properties are only available to accredited investors (generally described as having a net worth of over $1 million dollars exclusive of primary residence) and accredited entities only. If you are unsure if you are an accredited investor and/or an accredited entity, please verify with your CPA and Attorney.

There are material risks associated with investing in DST properties and real estate securities including liquidity, tenant vacancies, general market conditions and competition, lack of operating history, interest rate risks, the risk of new supply coming to market and softening rental rates, general risks of owning/operating commercial and multifamily properties, short term leases associated with multi-family properties, financing risks, potentially adverse tax consequences, general economic risks, development risks, long hold periods, and potential loss of the entire investment principal. Potential cash flows/returns/appreciation are not guaranteed and could be lower than anticipated.

Diversification does not guarantee a profit or protect against a loss in a declining market. It is a method used to help manage investment risk. Because investor situations and objectives vary this information is not intended to indicate suitability for any particular investor. This material is not to be interpreted as tax or legal advice. Please speak with your own tax and legal advisors for advice/guidance regarding your particular situation.

Securities offered through Aurora Securities, Inc. (ASI), member FINRA/SIPC. Baker 1031 Investments (Baker 1031) is independent of ASI. To access Aurora Securities’ Form Customer Relationship Summary (CRS), please click HERE. Baker 1031 Investments, Jerry Baker, and (ASI) do not offer legal or tax advice. Please consult the appropriate professional regarding your individual circumstances.

Client examples are hypothetical and for illustration purposes only. Individual results may vary.

This site is published for residents of the United States only. Representatives may only conduct business with residents of the states and jurisdictions in which they are properly registered. Therefore, a response to a request for information may be delayed until appropriate registration is obtained or exemption from registration is determined. Not all services referenced on this site are available in every state through every advisor listed. For additional information please contact +1 415 579 1660 or email [email protected].

¹ The statement that "Nearly 30% of all experienced real estate investors " is a market share estimate derived from an analysis of third-party market data as of October 2025, representing the proportional relationship between the Baker 1031 Investment investor database and an estimated total market of active real estate investors; this estimate is based on Crexi reporting a 2,000,000 user base, 80% of whom are assumed not to be agents/brokers, and 42% of activity dedicated to investment sales, from which a conservative assumption excludes 15.7% as non-investor service providers (e.g., appraisers, lenders), resulting in an estimated active investor market of 566,664; as the Baker 1031 Investment database comprises over 170,000 individuals or entities, this figure represents 30.00% of the estimated market.

The figures and calculations provided constitute a market share estimate based on unverified third-party data and internal assumptions utilized to define the estimated market; Baker 1031 Investment has not independently verified the accuracy of the underlying data, and the term "experienced real estate investors" is defined exclusively by this methodology and its internal assumptions. This communication is not a guarantee of future results, a testimonial, or a statement of performance for any investment product or service, and its accuracy is subject to the inherent limitations of the underlying data and the validity of the internal exclusion assumptions.

² ³ ⁴ ⁵ The calculated platform averages presented reflect a statistical average of data provided by the specific investment sponsors listed here. The figures used in these averages are collected from self-reported statistics provided directly by the respective firms within their Private Placement Memorandums (PPMs). This information is provided solely for illustrative and educational purposes and is not intended to serve as the basis for any investment decision, nor does it constitute investment advice, a recommendation, or an offer to sell or a solicitation of an offer to buy any security. All data presented is as of November 6, 2025. Due to the nature of self-reporting, the data presented may be incomplete, unverified, or subject to correction, and we make no representation or warranty as to its accuracy, completeness, or timeliness. Past performance is not indicative of future results, and all investments involve risk, including the possible loss of principal. The platform average represents a limited sample, and results from individual sponsors may vary materially. For complete underlying data, data from other investment sponsors, and/or additional detail, please contact us directly. The selection of results shown are a small fraction of the total amount of realized investments and are not guarantees of future results. There are often differences between the performance results and the actual results shown and other investments' outcomes. Delaware Statutory Trust (DST) investments are subject to volatility and loss of investor principal.

⁶ ⁷ ⁸ ⁹ ¹⁰ ¹¹ ¹² Baker 1031 Investments performance data per disclosure points 2 through 5, above. S&P 500 data per St. Louis FRED, all-time average S&P 500 data. “Low Fee” DST data per Origin Investments Growth Fund III, accessed November 6, 2025. Privately Owned Real Estate data per Fundrise, accessed November 6, 2025. Other DST Firms data per Inland historical returns, accessed November 6, 2025. Institutional Real Estate per Invesco Active U.S. Real Estate ETF accessed November 6, 2025. Real Estate Crowdfunding data per Fundrise, accessed November 6, 2025.