Which oil and gas interests qualify for a 1031 exchange?
A couple of quick questions. About thirty seconds. No contact info needed — just an instant read on which royalty and mineral interest types qualify as 1031 replacement property, with the IRS citation behind the answer.
The interest types Peregrine buys, at a glance.
Peregrine buys oil and gas royalty interests and mineral rights — both treated as real property for 1031 purposes. The decision tree above is the personalized version of this table.
| Interest type | What it is | 1031 verdict | Notes | Authority |
|---|---|---|---|---|
| Royalty | Cost-free share of production from oil and gas wells on your property. | Qualifies | The most common interest Peregrine sources. Clean treatment as real property. | Rev. Rul. 68-331 |
| Mineral (fee) | Ownership of the minerals themselves, with the right to lease. | Qualifies | Treated as real property whether the tract is leased or held. | Rev. Rul. 68-331 |