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Defined term

Capital Gains Tax

Federal and state tax on the gain from selling minerals. Long-term rates are lower than short-term, and basis (including stepped-up basis) reduces the bill.

Capital gains tax is the federal and often state tax you owe on the profit when you sell a mineral or royalty interest. The taxable gain is the sale price minus your basis — what you, or the relative you inherited from, are treated as having paid. Sell for more than your basis and the difference is generally a capital gain.

How long you held the interest matters. Property held longer than a year is taxed at lower long-term capital gains rates; a quicker flip is taxed as a short-term gain at ordinary income rates. For heirs, the key break is the stepped-up basis: minerals inherited are generally revalued to their fair market value as of the date of death, which can wipe out most of the gain on a near-term sale.

This is general information, not tax advice. Severance and ad valorem taxes are separate from this, and a 1031 exchange can defer the gain — a CPA can model your situation. Our selling guide covers the basics.

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