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mineral rights severance

Mineral Rights Severance and Severance Tax Explained

In order to start earning mineral royalty payments, you must first acquire mineral rights. Are you looking at your options? Then you may be able to purchase mineral rights as a part of a larger property transaction. Let simply say it is a standalone asset. Usually, there is a separation process of mineral rights from their surfaced rights. After that, the orphan subsurface is considerable a “split” or “severe”. In this article, we will outline everything you need to know about mineral rights severance. We will focus more on the United States.

What is Severance?

In the vernacular of today, severance is most useable to describe “severance pay”. Some call it “severance packages”. This is in which an employee continues to receive paychecks after the dismissal from an employer. But don’t worry we’re here to teach you about mineral rights.

The term severance means the act of ending a connection or relationship. Severance is useable to describe the end of a relationship. In this case, the separation of a property into two different owners.

Fee Simple Estates

A fee simple estate is the highest level of property ownership in the United States. Fee simple estates are also commonly referred to as “unified estates” or “unified tenure”. Those that purchase their property in a fee simple estate acquire the land’s surface. Moreover, it includes the subsurface, water rights, buildings, and other features.

Severed Estate

A severance estate, or a “split estate,” is a property that has division amongst multiple owners. In this sense, the land has been “severed” or “split”. The purpose is to best use its resources to fit the needs of separate parties.
Severed estates are very common in mineral rights and water rights transactions in which local regulations prevent new owners from acquiring shared resources. Existing fee simple owners can also sever their estate at any point in order to sell off their mineral rights.

Severed Mineral Rights

Severed mineral rights exist independently of surface property owners. When in possession of mineral rights severance, individuals and companies typically have permission to perform any reasonable action. This is in order to explore and extract minerals from the property. With this, severed estate owners must work in conjunction to find the best solution.

What’s next after the severance of a deed?  A  creation of a separate mineral deed takes place to accommodate the new property owner. The new deed can outline full or partial ownership of the property’s mineral rights, depending on the conditions of the contract.

Fragmented Mineral Rights

If there is a division of split-estate mineral rights among multiple owners, it is a bit redundant. Redundant refer to them as “severed severed” mineral rights. Instead, mineral rights divided among multiple parties are called fragmented mineral rights.

With oil fields and fossil beds taking up massive amounts of space below the surface of the earth, mineral rights can be split among an essentially infinite number of separate owners.

What is Severance Tax?

Although they share the common root term of “sever,” severance tax is not applied at the time when severed estates are established. No, instead, severance tax actually gets its name for when natural, non-renewable resources are “severed” from the earth.

What this means is that severance tax is applied at the time of mineral extraction, rather than when an estate is split. All national and state severance taxes are unavoidable, whether or not the operation ends up turning a profit.

Who pays severance tax for minerals?

At the time of extraction, severance tax is applied to the energy production company as well as any individuals or entities that hold mineral interests in the operation. Most commonly, severance tax is applied to crude oil, natural gas, and coal operations.

The severance tax is highly variable at rates for different materials and different parts of the country. Today, nearly all of the states that produce oil or gas have applied some sort of severance tax for operations within the state borders.

What is the severance tax on oil?

In 2021, the current national average severance tax on oil and gas is typically around 5 to 6% of the production’s gross value. Many states have tiered severance taxes that apply different rates for operations of varied magnitude. Severance taxes are payable directly to local governing bodies.

Throughout the country, they define severance tax by a few different terms. However, the most common of which is “production value tax.”

Wrapping Up

In conclusion, it is very easy to get terms confusing. This is when considering estates severance and severance taxes are payable on active mineral rights. We hope that this article is helping you define these terms as it provides information on ways in which severance works in the realm of mineral rights and oil and gas royalties.

If you have further questions about mineral rights severance, feel free to reach out to us here.

qualified buyer

What is a Qualified Buyer for Mineral Ownership?

Long before the discovery of oil, gold, and other precious materials in America, mineral ownership has always established wealth. There are energy-generating coal and natural gas alongside other precious metals and resources. That’s why mineral ownership can be extremely valuable and thus vary hard to acquire. That’s also why looking for a qualified buyer has been a trend.

How about here in the United States? Individuals holding mineral rights to a plot of land are entitled to valuable resources below the surface of the earth. What about in both fee simple ownership and split estates? Basically, mineral rights owners are free to enter into an oil and gas lease agreement. This is to find, extract, and sell their valuable subsurface resources.

Valuable mineral rights purchases may be out of reach for many people and businesses. This is happening in a world with a lot of prospective buyers and much fewer qualified buyers, Below, we will outline what constitutes a qualified buyer for mineral ownership.

What is a qualified buyer?

For any large financial transaction, a qualified buyer is a person who has expressed an interest in a purchase that meets the expectations of the seller. Qualified buyers are common in the sale of homes, businesses, and other large properties.

When assets are limited and negotiations begin, well-qualified buyers are typically put at the top of the list for sales of highly desired properties. A well-qualified buyer is characterized as exceeding seller expectations for transaction financing.

Who can buy mineral rights?

Internationally, the United States and Canada are two of the few countries that allow private parties to purchase mineral rights. Here in the states, mineral rights is purchaseable by:

  • Individuals
  • Shared groups of people
  • Non-profit organizations
  • Business entities
  • And governments

Qualified Buyers for Mineral Rights

Active and untapped mineral rights have the potential to generate a fruitful stream of mineral royalty payments. Knowing this, valuable mineral rights are rarely cheap by anyone’s standards. However, both independent smart investors and business entities have the opportunity to become qualified buyers for mineral rights properties.

Qualifications for Individual Buyers

Individuals can purchase the full mineral rights of a property or even just a small fraction of the total subsurface area. Regardless of whether they are aware or not, many people who purchased their home in a fee simple estate own their mineral rights. Of course, a small suburban plot is rarely going to be suitable for drilling and production, and thus most individual mineral rights have little value.

In most individual investment mineral rights transactions, the following qualifications are typically true of qualified buyers:

  • An annual average income of >$200,000 for the past 2 tax years
  • A joint spousal income of >$300,000 per year for the past 2 tax years
  • Or a total net worth exceeding $1 million

Qualifications for Business Entities

Organizations looking to earn mineral interests have the opportunity to purchase mineral rights if their business is qualified. No matter their motivation for the acquisition, today it is possible for most types of businesses to purchase mineral rights.

Of course, like in the case of the individual, businesses have to have a considerable amount of wealth to acquire mineral rights at the scale of their enterprise. Generally speaking, a business entity can be considered a qualified mineral rights buyer if its total assets are in excess of $5 million.

Of course, wherever there are contract negotiations, there are always loopholes. Mineral rights transactions are famously lenient as well, with buyers and sellers looking to always find the best solution for all parties. Businesses that are formed specifically for the purpose of acquiring mineral rights may be able to more easily navigate the qualifications of a seller if their intentions are directly laid out in business plans.

Am I Qualified to buy Mineral Rights?

Are you wondering if you are qualified to buy mineral rights? If your next asset is going to be in a valuable mineral rights property, we recommend working with an industry intermediary to make the process easier and maximize your investment.

Oil and gas mediators, legal professionals, agents, and brokers can help you determine what sort of mineral rights properties you are qualified to purchase.

How to find Qualified Buyers Mineral Rights

If you or your company is currently receiving offers to have your mineral rights purchased, then you may use our qualifications outlined above to quickly narrow the field of candidates. Once you’ve got a select group of buyers, you may vet the suitors however you feel is necessary.

If you have further questions about mineral ownership, feel free to reach out to us here.

nursing-homes

How to 1031 Exchange Nursing Homes into Mineral Rights and Royalties

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Nursing homes are a critical part of our society. However, that does not mean that everyone is capable of running one. Despite their crucial role in the life cycle of humanity, nursing homes are rarely profitable businesses. This is due to their ongoing expensive upkeep. This is when 1031 Exchange Nursing Homes come in.

Are you a business owner of a nursing home? Selling may become a more attractive option in each year of operation. Today, there are more resources than ever available for nursing homeowners. This makes it easier to find a buyer and sell their property for a large sum of money. Of course, that sale is taxable, so don’t start celebrating too early.

In this quick guide, we will show you how to maximize the sale of a nursing home. We will share it step by step with a 1031 exchange.  A 1031 exchange is useable to minimize capital gains taxes paid when investing in a new property asset. This is whether you are an individual taxpayer or an operating business entity.

How to Sell A Nursing Home

To start, selling your nursing home is likely going to be the most difficult part of the 1031 exchange process. It is very rare that individual investors will approach a nursing homeowner in order to acquire the property and business. This is even while some businesses don’t go a day without someone asking to buy them out. Nursing homes are sellable through outbound marketing techniques. This usually includes the help of an intermediary or private equity firm.

Selling a nursing home is typically not a quick process. Most nursing homes remain on the market for months and sometimes years, depending on the location. While some property developers may be able to convert the nursing home into a profitable entity, there are also many local restrictions that prevent nursing homes from changing forms so as to ensure the health of seniors in the area.

Determining the Value of Nursing Homes

You can determine the initial selling price that is likely by a third-party intermediary. Still, there are a few things to consider when trying to find the approximate value of a nursing home. In most cases, nursing homes change hands while continuing to operate as a business and residence for those living onsite. While you can’t put a price on human life, the following should be considered when determining the initial value of a nursing home:

  • Building size and condition
  • Property size, condition, and zoning laws
  • Number of current tenants, and/or waiting list
  • Pay, ownership, or leasing structure
  • Asset quantity and condition (furniture, appliances, etc.)
  • Strategic vendor partnerships
  • And more

In many ways, selling a nursing home is like selling an apartment building, community center, and hospital all at the same time. With this in mind, nursing homes are typically sold for over a million dollars in most major cities. Today, nursing homes are much more likely to be sold B2B rather than to an individual taxpayer.

Taxes Paid on Selling Nursing Homes

Upon selling a nursing home for a considerable amount of money, large taxes are applied to both individual sellers and businesses liquidizing such a large asset. In fact, total taxation is likely to reach up to 40% of the initial selling price in some parts of the country. Once sold, the following are typically applied to nursing home transactions:

  • Federal Income Taxes
  • Capital Gains Taxes
  • Sales Taxes
  • Local Taxes
  • And More

Of course, smart investors know a few ways to minimize taxation with completely legal methods offered by the IRS. For instance, 1031 exchanges can be utilized to completely defer capital gains taxes that would otherwise be applied to the sale of a nursing home.

Selling Nursing Homes with a 1031 Exchange

A 1031 exchange makes it possible to lower taxes on the sale of a nursing home with the acquisition of a new like-kind property. If the new property is of equal or greater value than the nursing home, all capital gains taxes will be deducted. In the same vein, lower-valued assets make it possible to mitigate a portion of the capital gains taxes otherwise paid.

Nursing Homes Like-Kind Properties

When it comes time to explore new properties, taxpayers and businesses have a lot of freedom to choose many different types of assets to purchase in the 1031 exchange. The IRS has designated in the 1031 exchange code that new properties must be of “like-kind,” however arguments can be made for most personal property types. Both physical and intangible assets like the following can be purchased after the sale of a nursing home in a 1031 exchange:

  • Mineral rights and royalties
  • Water and ditch rights
  • Apartment buildings and condos
  • Hospital equipment
  • Office furniture
  • Farmland, livestock, etc.
  • Wetland mitigations credits
  • And much more

Of course, highly-valued assets like nursing homes have an enormous amount of potential when considering the tax-free acquisition of a new large asset.

Nursing Homes 1031 Exchange Timeline

Like we said earlier, nursing homes can take a considerable amount of time to sell. Once the deed of sale has been signed, however, the clock begins ticking on a [person or entity’s eligibility for the 1031 exchange. In order for the new acquisition to be valid in a 1031 exchange, a new asset must be purchased within 180 days (approximately 6 months) of the sale.

1031 Exchange Intermediaries for Selling A Nursing Home

With pressing deadlines and endless paperwork (most of which we are afraid to mention), most nursing home sellers use a specialty 1031 exchange intermediary to facilitate the sale and tax process. In doing so, investors can spend more time and less money on their business transition.

Why Purchase Mineral Rights and Royalties?

Despite only being available in a handful of countries, many American investors are unaware of the unique opportunity they have in owning mineral rights. By purchasing mineral rights in a 0131 exchange, former nursing homeowners can develop a steady stream of passive royalty payments in exchange for leasing their rights to an oil and gas company. As a drastically different business model than a nursing home, mineral rights are a great way to retain the most from a sale while paving a path for ongoing financial freedom.

If you have further questions about 1031 Exchange Nursing Homes, feel free to reach out to us here.

1031 Exchange Senior Housing

1031 Exchange Senior Housing [Quick Guide]

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Senior housing is a critical part of our society. On the other hand, that does not mean that everyone is capable of running one. It has a crucial role in the life cycle of humanity. However, senior housing is rarely a profitable business due to its ongoing expensive upkeep.

Are you the building or business owner of senior housing? Selling may become a more attractive option in each year of operation. Today, there are more resources than ever available for senior homeowners. Mainly these resources help them to find a buyer and sell their property for a large sum of money. Of course, that sale is going to be taxable, so don’t start celebrating too early.

In this quick guide, we will show you how to 1031 exchange senior housing in order to maximize the sale. Are you an individual taxpayer or an operating business entity? A 1031 exchange is useable to minimize capital gains taxes paid on the sale of senior housing.

How to Sell A Senior Housing

Before you can 1031 exchange senior housing, you will first need to sell it. Selling your nursing home is likely going to be the most difficult part of the 1031 exchange process. Some businesses don’t go a day without someone asking to buy them out. It is very rare that individual investors will approach a senior homeowner. In order to acquire the property and business, there is a process. Senior housings are sellable through outbound marketing techniques. This usually includes the help of an intermediary or private equity firm.

Selling senior housing is typically not a quick process. Most senior housings remain on the market for months and sometimes years, depending on the location. Some property developers may be able to convert senior housing into a profitable entity. There are also many local restrictions that prevent senior housings from changing forms. This is to ensure the health of seniors in the area.

Determining the Value of Senior Housings

To determine the initial selling price, it is likely through a third-party intermediary. There are a few things to consider when trying to find the approximate value of senior housing. In most cases, senior housing change hands while continuing to operate as a business and residence for those living onsite. You can’t put a price on human life. However, the following are considerations when determining the initial value of senior housing:

  • Building size and condition
  • Property size, condition, and zoning laws
  • Number of current tenants, and/or waiting list
  • Pay, ownership, or leasing structure
  • Asset quantity and condition (furniture, appliances, etc.)
  • Strategic vendor partnerships
  • And more

In many ways, selling a nursing home is like selling an apartment building. it is also like selling a community center, and hospital all at the same time. With this in mind, senior housings are typically sellable for over a million dollars in most major cities. Today, senior housings are much more likely to be sold B2B rather than to an individual taxpayer.

Taxes Paid on Selling Senior Housings

Upon selling senior housing for a considerable amount of money, large taxes are applicable to both individual sellers and businesses liquidizing such a large asset. In fact, total taxation is likely to reach up to 40% of the initial selling price in some parts of the country. Once sold, the following are typically applied to senior housing transactions:

  • Federal Income Taxes
  • Capital Gains Taxes
  • Sales Taxes
  • Local Taxes
  • And More

Of course, smart investors know a few ways to minimize taxation with completely legal methods offered by the IRS. For instance, the 1031 exchange can be utilized to completely defer capital gains taxes that would otherwise be applied to the sale of senior housing.

How to 1031 Exchange Senior Housing

A 1031 senior housing exchange makes it possible to lower taxes on the sale with the acquisition of a new like-kind property. If the new property is of equal or greater value than the senior housing, all capital gains taxes will be deducted with the 1031 exchange. In the same vein, lower-valued assets make it possible to mitigate a portion of the capital gains taxes otherwise paid.

Senior Housings Like-Kind Properties

When it comes time to explore new properties, taxpayers and businesses have a lot of freedom to choose many different types of assets to purchase in the 1031 senior housing exchange. The IRS has designated in the 1031 exchange code that new properties must be of “like-kind,” however arguments can be made for most personal property types. Both physical and intangible assets like the following can be purchased after the sale of senior housing in a 1031 exchange:

  • Mineral rights and royalties
  • Water and ditch rights
  • Apartment buildings and condos
  • Hospital equipment
  • Office furniture
  • Farmland, livestock, etc.
  • Wetland mitigations credits
  • And much more

Of course, highly-valued assets like senior housings have an enormous amount of potential when considering the tax-free acquisition of a new large asset.

Timeline For a 1031 Senior Housing Exchange

Like we said earlier, senior housings can take a considerable amount of time to sell. Once the deed of sale has been signed, however, the clock begins ticking on a person or entity’s eligibility for the 1031 exchange of senior housing. In order for the new acquisition to be valid in a 1031 exchange, a new asset must be purchased within 180 days (approximately 6 months) of the sale.

For additional requirements, please see our 1031 Exchange Rules and Requirements Page.

Using an Intermediary to 1031 Senior Housing

With pressing deadlines and endless paperwork (most of which we are afraid to mention), most senior housing sellers use a specialty 1031 exchange intermediary to facilitate the sale and tax process. In doing so, investors can spend more time and less money on their senior housing transition.

What’s the Best 1031 Exchange For a Senior Housing?

Despite only being available in a handful of countries, many American investors are unaware of the unique opportunity they have in owning mineral rights. By purchasing mineral rights in a 1031 exchange of senior housing, former senior homeowners can develop a steady stream of passive royalty payments in exchange for leasing their rights to an oil and gas company. As a drastically different business model than senior housing, mineral rights are a great way to retain the most from a 1031 exchange while paving a path for ongoing financial freedom.

1031 Exchange Office Furniture

How to 1031 Exchange Office Furniture and Equipment into Mineral Rights and Royalties

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No matter what industry you are in, starting a successful business is rarely easy. The world is becoming increasingly digital every day. With that, many businesses still require physical office space. It is used to host staff, meetings, and daily business administration. On top of a lease or purchase, successful office space also requires a significant amount of capital. It is usually sunk into furniture, equipment, and other small assets.

Is your business has to liquidate? If yes, then selling office furniture and equipment is a great way to earn cash outside of ordinary company operations. The capital is useable to keep your business afloat or simply to recoup losses. Moreover, the bulk sale of office furniture and equipment is likely to come with a large cash inflow.

For large businesses with a significant amount of office space, pricey equipment sales are likely to warrant capital gains taxes, even through bankruptcy. In order to defer capital gains taxes, businesses and individuals can utilize a 1031 exchange with the purchase of a new property. In this article, we will break down the 1031 exchange process when selling your office’s assets.

How to Sell Office Furniture and Equipment

First, let’s look at the office furniture sales process. If you only have a handful of desks, some old computers, and a copier, then it will be very easy to find a buyer through traditional peer-to-peer marketing channels. Both physical and digital, this includes:

  • Word of mouth/networking in the building and nearby
  • Or local listing sites like Craigslist, Facebook Marketplace, etc.

For small sales, a few hundred dollars will not warrant any capital gains taxes to be applied. In large office downsizes, moves, and liquidations, however, a large sum of assets can quickly reach price tags of tens of thousands of dollars. Today, many large companies utilize consulting agencies and assert intermediaries to facilitate an easy and quickly profitable sales process.

Determining the Value of Office Furniture and Equipment

To keep it simple, the total value of an office overhaul sale is just the sum of all of its parts. Although many things cannot be sold (like the coffee machine that should have been replaced years ago), a lot of furniture and equipment within an office retains its value quite well. While the true value of your furniture and equipment is simply what the buyer is willing to pay, you can get a baseline valuation by totaling your sellable assets. This includes:

  • Desks, chairs, and tables
  • Computers, phones, and other electronic devices
  • Cabinets, bookshelves, and misc hardware
  • Copiers, printers, shredders, and other appliances
  • Any diminishing assets on hand (printer ink, paper, stationery, etc.)

As ordinary wear and tear are minimal, office administrators with assets less than 10 years old can typically earn back over 50% of their initial investment. If you are working with an agency, they may ask for your proof of purchase receipts as well as any maintenance history for large appliances.

Taxes Paid on Selling Office Furniture and Equipment

If you are selling your office furniture and equipment as part of a large corporate takeover, then all of its value will be bundled with the overall deal. However, if you are selling the office assets to a private party (business or individual) as a one-time deal, then federal and local taxes will be applied. This includes sales tax and capital gains taxes.

Selling Office Furniture and Equipment with a 1031 Exchange

Thankfully, every penny of capital gains taxes applied to the sale of office furniture and equipment can be deferred by purchasing an equal or greater valued asset through a 1031 exchange. For many businesses strapped for cash, 1031 exchanges are extremely valuable for both maximizing the sale and investing in new business assets for future growth. It is also possible to invest in assets that have a lower value than your sold equipment, however only partial capital gains taxes would be deferred in these instances.

Office Furniture and Equipment Like-Kind Properties

The key element of a 1031 exchange is the investment in a new “like-kind” property. The IRS views most property assets (both physical and non-tangible) as like-kind properties for office furniture and equipment. For example, a large liquidation of office assets can be sold in a 1031 exchange if a company were to subsequently purchase:

  • Other kinds of equipment
  • Cars, trucks, vehicles, etc.
  • A new office building or manufacturing facility
  • Private property investments (apartments, new construction, etc.)
  • Mineral rights and royalties

Office Furniture and Equipment 1031 Exchange Timeline

Selling your furniture and equipment to the new buyer? Then an entity’s eligibility for a 1031 exchange begins. It has to be always valid. How? The taxpayer must submit at least one of three plausible new assets within 45 days of the sale. Ultimately, the company must purchase a new asset (or multiple bundled assets). This is within 180 days of the sale of office equipment in a 1031 exchange.

1031 Exchange Intermediaries for Selling Office Furniture and Equipment

There are many consultants and intermediaries that specialize in the liquidation and sale of office equipment and furniture. In order to meet deadlines and maximize the value of your transition, it is strongly recommendable to sell office furniture with the help of a third party.

Why Purchase Mineral Rights and Royalties?

It might be a bit of a left turn for most individuals and companies. Mineral rights and royalties is actually one of the best ways to maximize the value of a 1031 exchange. A reinvestment in mineral rights is a quick way to liquidize while setting up a new potential value stream.
The purchase of mineral rights can be leasable to oil and gas companies in exchange for ongoing mineral royalties.

Oil and gas leases are will compensate mineral rights owners over time. It is because successful operations are able to find, extract, and sell natural resources. This will help fuel  of today’s world.

if you have further questions about 1031 Exchange Office Furniture and Equipment, feel free to reach out to us here. 

shipping containers for 1031 Exchange Cargo

How to 1031 Exchange Cargo and Shipping Containers into Mineral Rights and Royalties

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Shipping containers and cargo trailers are some of the most versatile assets in the world. They are useable to store just about anything (including people). Shipping containers have been utilized by many real estate developers too! Far and wide seeking spacious protection from the outside elements.

Are you a company or private investor with connections in the manufacturing or transportation industries? Then you may have an opportunity to sell shipping containers in large quantities to independent developers. With big-ticket deals pushing into the five digits, considerable taxed amounts can accumulate after the sale of a shipping container.

In the United States, taxpayers have the unique opportunity to defer capital gains taxes paid on large assets. This includes cargo and shipping containers with a 1031 exchange. By doing so, the potential profit of the sale is expandable with the investment in a new property. Below, we will break down the steps of a 1031 exchange in detail when selling a shipping container.

How to Sell Shipping Containers

For a lot of people, selling a shipping container is the easy part. Shipping containers are available for sale on the open market. Now and more than ever. Finding a buyer is generally not difficult when exploring the available avenues of today. This includes online listings and networking.

This is especially true as demand for shipping containers has skyrocketed in recent years. Depending on the condition and quantity of your shipping containers, companies and representatives from the following industries have interest in a purchase:

  • Transportation
  • Commercial development (shops, restaurants, parking, etc.)
  • Residential development (homes, condos, apartments, etc.)
  • Public development (schools, libraries, etc.)
  • Determining the Value of Trailers and Shipping Containers

For sellers, increased global demand for high-quality shipping containers has increased the average cost per unit by an estimated over 300%. While the cost to purchase can still be relatively low, it is the cost to ship the containers, ironically, that typically drives up the value by two or three times the original buying price. With transportation in mind, the sale of a large fleet of containers is expandable when finding a local seller.

Taxes Paid on Selling Cargo and Shipping Containers

While one or two shipping containers are unlikely to warrant considerable taxation, big industry sales may are foreceable to turn over nearly 40% of their earnings to federal and local governments. Aside from sales and local taxes, considerable transactions may also require single sellers to pay capital gains taxes on the release of the asset. As we have mentioned above, this can be avoided by utilizing a 1031 exchange.

Selling Trailers and Containers with a 1031 Exchange

Capital gains taxes essentially penalize investors for liquidating their property. In an effort to retain as much capital as possible, a 1031 exchange is used to virtually “trade” an asset for a sold item, deferring capital gains taxes.
If you were to sell your inventory of shipping containers, then you would be able to eliminate all capital gains taxes otherwise paid if you choose to purchase a new asset through a 1031 exchange. Likewise, partial deference is possible through the reinvestment of one or multiple lower-valued items.

Trailers and Containers Like-Kind Properties

When “trading” properties in a 1031 exchange, shipping containers must be replaced with an asset that is a “like-kind” property. Under the IRS code, most personal property can qualify for a reasonable exchange with a shipping container, which includes both tangible and intangible assets. Among other choices, the following can be considered like-kind properties of cargo and shipping containers:

  • Trailer parks
  • Golf Courses
  • Intellectual property
  • Farmland
  • Water and ditch rights
  • Mineral rights and royalties
  • And many more

Trailers and Shipping Containers 1031 Exchange Timeline

When the deed of sale has been completed, a taxpayer’s eligibility for a 1031 exchange begins. In order to remain active, shipping container sellers must identify at least one reasonable replacement asset within 45 days of the sale. The taxpayer can then submit up to two more properties for approval, regardless of their value within the full 180-day timeline for a valid 1031 exchange.

1031 Exchange Intermediaries for Selling Trailers and Containers

In order to meet deadlines and maximize their new investment, many busy taxpayers choose to utilize a 1031 exchange in the sale of cargo and shipping containers. Not only do intermediaries know the ropes for filing approved government paperwork, but specific industry connections may also allow open doors for wise reinvestments.

Why Purchase Mineral Rights and Royalties?

If you are evaluating new property options after the sale of cargo and shipping containers, then it is overwhelming considering all of the options available. Unfamiliar territory may make you reluctant to test new investment waters. Moreover, many successful investors know the strength of active mineral rights in a portfolio.
As mineral rights owners, Americans have the opportunity to lease the subsurface of a given plot of land to an energy company. In the lease, mineral rights owners are compensable for their investment through a stream of mineral rights royalties. These royalty payments are typically delivered monthly, as a fixed percentage of resource sales defined in the lease agreement.

Around the world, it is very rare for property owners to be able to split their estate and sell or lease their personal mineral rights. In today’s world of increasing energy consumption, mineral rights are very valuable for the ongoing demand for the earth’s natural resources.

Conclusion

In the third decade of the 21st century, shipping containers are one of the most surprisingly valuable assets. This is mainly for a large number of industries. If you choose to sell when the time is right, considering a 1031 exchange may be a very valuable decision. This is for long-term financial health and security. When considering new investments, mineral rights and royalties are an excellent way to secure a hands-off property. It is a long-term business to generate passive income.

If you have further questions about 1031 exchange cargo and mineral rights, feel free to reach out to us here. 

1031 Exchange Ranches

How to 1031 Exchange Ranches into Mineral Rights and Royalties

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Living out in the country is a breath of fresh air for most people. For others, hanging up the cowboy hat and heading to the city is a tough choice. The coast may be the ultimate choice in order to enjoy life to the fullest. For farmers and ranchers alike, selling the property is a big step. Well, no matter what the next step might be. This is where 1031 Exchange Ranches comes in.

Are you planning to sell your ranch? Then, you may be eligible for a 1031 exchange. This is so long as the sale does not include your primary residence. Are you a rancher with multiple properties? If yes, then 1031 exchanges help taxpayers retain as much of their capital. This is possible when it comes time to sell, by “trading up” for a new personal property.

In this article, we will outline the entire 1031 exchange process, beginning with the sale of a ranch. With this, we will present mineral rights as one of the most important things to consider when identifying new properties to purchase within the exchange.

How to Sell A Ranch

First things first, let’s sell your ranch. For those that are not aware, ranches are large plots of land for raising cattle and other livestock. It is typically in western North America. A farm is useable to grow agricultural crops. On the other hand, ranches are primarily useable for producing meat, dairy, and other animal products. In some cases, ranches and farms are simultaneous if the property is for multiple disciplines. Today, ranches also offer many services beyond their exports including horseback riding, accommodation, event hosting, and more.

Ranches can be sold on the open market, just like any other personal property. Many ranchers start with a simple sign in their front yard. Moreover, there are also a number of different marketing methods that are useable o locate a buyer. Today, ranches are typically sold in online auctions with the help of a broker or industry-specific real estate agent.

Determining the Value of Ranches

Even if you are planning to use an agent in the sale of your property, it is generally a good idea to have an approximate estimate of your ranch’s value. A ranch is essentially just a sum of its parts, which add up together to make the property’s total value. In order to begin to get an idea of your ranch’s value, it’s good to make a list of its features including:

  • Acreage
  • Land condition
  • Number of existing structures and condition
  • Whether or not livestock is part of the package
  • Included water or mineral rights
  • Zoning elements
  • And more

In truth, the actual value of a ranch is only going to be as much as a buyer is willing to pay. In booming areas of the United States, land for continued ranching or otherwise repurposing can be extremely valuable when considering the potential development onsite.

Ranches can be sold with or without present livestock, which can add a significant amount of value to the sale in question. Before putting a price on your ranch, it is always a good idea to check local listings of similar properties in order to gather information on current market conditions.

Taxes Paid on Selling Ranches

In most parts of the United States, ranches of all shapes and sizes sell for hundreds of thousands of dollars, and often even more. Not only are ranches used as homes, second homes, and country getaways, but they can also be used to start a business and begin earning revenue. If your ranch is not your primary home, the sale of it generally warrants:

  • Federal Income Taxes
  • Capital Gains Taxes
  • Sales Taxes
  • Local Taxes
  • And More

Unfortunately, ranch sales are subject to considerable taxation, at rates up to over 40% of the sale price. While most of this is unavoidable, capital gains taxes are deferrable by taxpayers who choose to purchase a new property in a 1031 exchange.

Selling Ranches with a 1031 Exchange

Under the IRS code for a 1031 exchange, the rules are laid out simply so that investors can avoid capital gains taxes otherwise associated with the liquidation of their assets. When purchasing a new property of equivalent or greater value, investors can “trade” their ranch for a new asset, and avoid paying capital gains taxes entirely. In a similar vein, new assets of a lesser total value can be purchased to avoid a partial amount of the capital gains tax.

Ranches Like-Kind Properties

In order for a 1031 exchange to truly be complete, taxpayers must acquire a like-kind asset after the sale of a ranch. Ranches are one of the highest valued kinds of personal property on the market today, so exchanging for a new, more expensive asset may actually be a bit difficult. However, if you don’t need the cash immediately, the following properties can be considered as “like-kind” for ranches:

  • Farms and farmland
  • Apartment buildings
  • Condos
  • Vacation rentals
  • Shops and malls
  • Mineral rights and royalties
  • And more

Ranches 1031 Exchange Timeline

1031 exchanges have a purchasing period of 180 days. This mean upon the sale of your ranch, you have approximately 6 months to replace it with a new asset and follow the proper paperwork with the IRS. This may seem like a long period of time. Still, it is important to note that taxpayers need to identify at least one new, potential property within 45 days of the sale.

Why Purchase Mineral Rights and Royalties?

In the United States, investors can buy and sell mineral rights, regardless of the surface rights of a property. In this split estate model, mineral rights owners are able to enter into oil and gas lease agreements with companies interested in extracting and selling any natural resources found on the property. With this, monthly oil and gas royalty checks are payable to mineral rights owners if the operation goes as planned.

Conclusion on 1031 Exchange Ranches

In conclusion, ranches are sellable for a large amount of money. More of which are retainable with a 1031 exchange. When considering a 1031 exchange, many busy investors find that working with a specialized 1031 exchange intermediary can save time and maximize the potential of a further investment of the capital.

If you have further questions about 1031 Exchange Ranches, feel free to reach out to us here.

1031 Exchange Software

1031 Exchange Software [Ultimate Guide]

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For the past 20 years, the software has slowly risen. It becomes one of the highest valued industries in the world. There is a global potential and minimal starting costs. That’s why tech entrepreneurs everywhere have made millions of dollars with the development and deployment of software. Have you heard of 1031 Exchange Software?

Many choose to sell software as a service (SaaS). There is other free software like apps and online marketplaces that can sell advertisements for ongoing revenue streams. As a successful product on the market, software owners have the choice of maintaining their service. They can also sell the company that the software supports.

When choosing to sell, the software can yield enormous cash flows for the purchase of cutting-edge or popular technologies. With this, considerable taxation is usually applicable, some of which are avoidable with a 1031 exchange.

In this article, we will explain how to 1031 exchange software. With this, we will explore like-kind properties such as mineral rights and royalties for maximum returns on the software sale.

How to Sell Software

Before you can 1031 exchange software, you will first need to sell it. There are hundreds of thousands of jobs for software sales in the United States. Most of these are based around user acquisition. Are you the owner of a piece of software or a builder of it? Then you have every right to sell your intellectual property, hardware, userbase, and more in a full transfer of ownership.

Depending on the quality of your product, it is generally not difficult to find buyers. In fact, many software developers in the startup universe simply built products just to sell them for enormous profits at later dates. If your “company” is nothing more than some of the best code ever written, then you will likely be selling simply the software’s “IP” in the event that there are no employees or pieces of hardware necessary to maintain the program.

Determining the Value of Software

Software and software companies are constantly being sold on the open market at an immense range of valuations. National and local headlines in tech industry blogs often cover software sales, so it is relatively easy to estimate the approximate worth of your software ware. Of course, the value of software is largely intangible, with an enormous focus being put on the software’s potential, rather than its current condition.

The following attributes should be considered when determining the value of software:

  • Current availability (on-market or off-market)
  • Number of users (if applicable)
  • Software cash flow (current and future projects)
  • Potential revenue streams
  • Integration with purchasing entities systems and IP
  • And more

Taxes Paid on Selling Software

Although many will tell you that they’ve been burst by the dot com bubble one too many times, software sales continue to earn developers large amounts of money every year in the United States. If done legally, software sales are subject to significant taxation from the local and national governments. For big sales, capital gains taxes are applicable at rates as high as 20% of the transaction value.

How to 1031 Exchange Software

A 1031 exchange of software is an IRS-designated transaction. It allows taxpayers to defer up to 100% of the capital gains taxes applied to the sale. In order to eliminate every dollar of the capital gains tax, sellers must acquire a new asset of equivalent or greater value in order to 1031 exchange software. Here, the 1031 exchange essentially allows individuals to “trade up” their software for a new property.

Of course, if you sold your software at such a high price that you never have to work another day in your life, it is possible to acquire an asset at a lower valuation. With this, partial capital gains taxes can be deferred.

Software Like-Kind Properties

Software and software companies are largely intangible. The IRS views its IP as simple personal property. Just like most of the things that they can buy and sell on the open market. Under the 1031 exchange code, software sales must be followed by purchases of “like-kind” property for a valid transaction and tax deferment. Like-kind properties for software or software companies may include:

  • Collectibles (cars, toys, etc.)
  • Boats
  • Vacation Rentals
  • Convenience Stores
  • Trailer Parks
  • Water and Ditch Rights
  • Mineral Rights and Royalties
  • And more

Timeline For a 1031 Software Exchange

From the exact day of the sale, sellers have 45 days to identify at least one reasonable property to purchase in a 1031 software exchange to remain eligible for the transaction. Up to two more properties are considerable regardless of their value, and purchase must be within 180 days of the sale.

For additional requirements, please see our 1031 Exchange Rules and Requirements Page.

Using an Intermediary to 1031 Exchange Software

It has become increasingly common for investors to utilize specialized 1031 exchange intermediaries when selling high-value software. With an intermediary, it can be much easier to handle all negotiations, paperwork, and exploration for new properties in a 1031 exchange.

What’s the Best 1031 Exchange For a Software?

If you are about to 1031 exchange software, you’ll find a wide variety of new assets to choose from. Although options are limitless for personal assets in the United States, mineral rights are one of the best properties to acquire in a 1031 exchange. As a largely hands-off asset, mineral rights entitle you to the ownership of the natural resources found below the surface of the earth in a designated area.

As a mineral rights owner, oil and gas companies can lease your land to extract and sell valuable resources on the open market. In exchange, you will receive mineral royalty checks as outlined in your mineral rights lease agreement.

Conclusion

When it comes time to sell your software, you can be in for a large influx of cash if your product is worth it. Although it is tempting to go overboard with celebrations, a reinvestment of your capital with a 1031 exchange can not only save you money on the sale of software but also generate a future stream of income.

1031 Exchange Trademarks

How to 1031 Exchange Trademarks and Intellectual Property into Mineral Rights and Royalties

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What’s in a name? Sometimes everything. Are you or your company have a valuable trademark? Then it can likely be sold for a tremendous amount of capital. Trademarks and intellectual property sales are generally a smaller part of a larger merger. Sales with large bottom lines are often an attractive choice after building a successful brand.
What about if the time comes to sell your trademark or intellectual property (IP)?

With that, hefty transactions are often lessened by local and federal taxes. How about in the United States? Capital gains taxes are deferrable on the sale of trademarks or IP with the use of a 1031 exchange.

In this article, we will detail the steps required for selling trademarks and intellectual property. It is when utilizing a 1031 exchange. What’s next with the acquirement of a new asset is necessary? We will also demonstrate how mineral rights can be an attractive option for new capital investment.

How to Sell Trademarks and Intellectual Property

Do you remember the process of creating your trademark? The eventual sale of intellectual property will actually resemble it in a lot of different ways. Once you’ve found a buyer, trademark, and intellectual property sellers are required to notify the U.S. Patent and Trademark Office (USPTO) and file the necessary paperwork to transfer ownership.

More often than not, the sale of a trademark or IP is the result of a buyer finding a seller. This is rather than the other way around. With that said what if you are interested in selling your trademark? Well, there are a few designated online listing sites available that act as a virtual IP marketplace. Beyond this, word of mouth and industry outreach are other popular ways to sell potentially valuable trademarks to relevant buyers.

Determining the Value of Trademarks and Intellectual Property

Although they are intangible, trademarks and intellectual property can be extremely valuable to their owners. Prices are completely up to the discretion of the seller, and IP sales generally come after several negotiations.

The actual value of any kind of intellectual property is truly only determined by a price that a buyer is willing to pay. Trademarks and IP are usually purchased with future cash flows in mind as a result of the acquisition of the property.

Taxes Paid on Selling Trademarks and Intellectual Property

High ticket trademarks and intellectual property can be taxed at rates up to 40% in some areas of the United States. This sizable chunk of the sale price can be accounted for through the following taxations:

  • Federal Income Taxes
  • Capital Gains Taxes
  • Sales Taxes
  • Local Taxes
  • And More

While most of these payments cannot be avoided, investors in the United States have the unique opportunity to defer all or some of the capital gains taxes paid on the sale of trademarks and intellectual property. To do so, taxpayers must purchase a new property to “replace” the trademarks or IP through a 1031 exchange.

Selling Trademarks and Intellectual Property with a 1031 Exchange

In a 1031 exchange, trademarks, copyrights, and IP can be sold free of capital gains taxes with the purchase of an asset of equal or greater value. If taxpayers choose to purchase a new asset of lesser value than their sold IP, then it is possible to defer only some of the capital gains taxes that would otherwise be paid in the year of the sale. With rates up to 20% for some individuals, 1031 exchanges are one of the most popular tax-saving strategies in the US.

Trademarks and Intellectual Property Like-Kind Properties

At the heart of a 1031 exchange, it is essentially a legal way to “trade” your IP for another asset to maximize your wealth. In the United States, the IRS will typically allow most reasonable personal property acquisitions to qualify for a 1031 exchange with the sale of trademarks, copyrights, patents, and IP. Most commonly, taxpayers can purchase:

  • Land
  • Businesses
  • Farms
  • Art Work
  • Apartment Buildings
  • Mineral Rights and Royalties
  • And more

Trademarks and Intellectual Property 1031 Exchange Timeline

By law, taxpayers using a 1031 exchange have 180 days to purchase a new asset after an intellectual property sale. This equates to roughly 6 months. From the date of the sale, it is required that sellers identify at least one reasonable property that can be considered for purchase. This does not need to be the actual asset required, as sellers can identify up to three potential assets for consideration, regardless of their value.

1031 Exchange Intermediaries for Selling Trademarks and Intellectual Property

With paperwork, deadlines, and new properties to consider, most busy investors choose to utilize a 1031 exchange intermediary when selling trademarks, copyrights, and IP. Specialized 1031 exchange intermediaries are very valuable resources for ensuring the successful completion of the transaction with maximum return on investment potential.

Why Purchase Mineral Rights and Royalties?

When considering new assets after the sale of trademarks and IP, it may be difficult to know where to start. In the United States, investors have the unique opportunity to purchase mineral rights, which can be leased to oil and gas companies for the exploration and sale of natural resources.

As a mineral rights owner, successful energy operations entitle you to monthly mineral royalty payments. Royalty payments, also known simply as royalties, typically come in the form of a fixed percentage of operational profits, as defined in an oil and gas lease agreement.

Conclusion

In conclusion, mineral rights and royalties should strongly be considered when selling trademarks, intellectual property, or copyrights in a 1031 exchange. By avoiding capital gains taxes and earning future mineral royalties, taxpayers can maximize their IP sales with a smart reinvestment of capital. For this reason, we strongly recommend working with 1031 exchange intermediaries with exceptional knowledge in the mineral rights industry.

If you have further questions about the 1031 Exchange Trademarks, feel free to reach out to us here.

1031 exchange fees

1031 Exchange Fees Simple Interests into Mineral Rights and Royalties

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With a fee simple interest, you have it all. In the United States, a fee simple interest contract designates the highest level of private property ownership. This is a single party that owns the land. This includes everyone on it, under it, or above it. With that, be ready to learn about 1031 exchange fees today!

Do you own your home in the United States? Then there is a large chance that you own your property in a fee simple interest agreement. This is also recognizable simply as a “fee simple” or “fee simple estate”. Whatever you call it, this absolute ownership of property has limitations by local HOAs or zoning laws.

When it comes time to sell your fee simple interest, hefty taxations are avoidable. This is with a 1031 exchange if the property is not your primary residence. How about for second homes, abandoned lots, forest land, and more? Fee simple interests can be exchangeable for new properties. It will be completely void of capital gains tax otherwise payable.

In this article, we will break down the process. Mainly of using a 1031 exchange in the sale of a fee simple interest. Is it time to identify a new property in the exchange? With that, we will explain how mineral rights can be a wise investment for Americans. Are you looking to earn a steady stream of oil and gas royalties? Read more now.

How to Sell Your Fee Simple Interests

If the property is your primary residence, a fee simple interest is not useable in a 1031 exchange. Beyond this, there are little to no restrictions on selling fee simple interests, only typically bound by geographic restrictions. Fee simple interests (or similar ownership structures) in foreign countries can are sellable in the United States. This is all done with a 1031 exchange.

With this in mind, there are essentially an infinite amount of ways to sell a fee with simple interest. Usually to another person or larger private and public entities. Online auctions and digital listings are now considered to be the primary avenue. This is for easy and legitimate private fee simple interest sales.

Determining the Value of Your Fee Simple Interests

In many cases, the value of a fee simple interest is an afterthought. The exchange is incredibly common. Still, not many people consider the fact that they own their property’s subsurface or limited airways. To determine the value of a fee simple interest is simply to assess the value of the property and surface rights. This is applicable in most residential situations. Of course, you need to follow a 1031 exchange law along the valuation.

It is likely that there are many personal properties like it for sale on the market today. This is no matter the category of property your fee simple interest falls into. Because of this, it is very easy to evaluate the approximate worth of your fee simple interest. This is by finding similar properties based on the following criteria:

  • Land size
  • Local market trends
  • Number of buildings and condition
  • Historic valuations and improvements
  • Mineral rights potential
  • Rezoning possibilities
  • And more

Taxes Paid on the Selling 1031 Exchange Fees Simple Interests

The sale of a fee simple interest often occurs a large amount of taxation from federal and local governments. The truth is that high price tag sales can have capital gains taxes at rates up to 20%. For this reason alone, 1031 exchanges are extremely popular with investors. Especially those looking to defer as much taxation as possible on the sale of a fee simple interest.

Selling Fee Simple Interests with a 1031 Exchange

In a 1031 exchange, you are not selling fee simple interests so much as you are “trading” them for a new property. 1031 exchanges are inclusive of two individual private property sales transactions. There is a link between this transaction by a few governmental documents.

If the new property is of equal or greater value than the sold fee simple interest, then all capital gains taxes can be deferred, no matter the rate at which they were applied. New properties of lower value can also be purchased in a 1031 exchange, although only a portion of the taxes is then withheld.

1031 Exchange Fees Simple Interests Like-Kind Properties

Fee simple interests come in all shapes and sizes, so the IRS allows essentially any personal property (tangible or intangible) to be purchasable in a 1031 exchange, capital gains tax-free. In the United States, fee simple properties can be exchanged for:

  • Commercial buildings
  • Rental Properties
  • Farmland
  • Collectibles
  • Mineral Rights and Royalties
  • And much more

Fee Simple Interests 1031 Exchange Timeline

After you sell your fee simple interest, then you must identify at least one eligible property for a 1031 exchange within 45 days of the sale. This does not necessarily need to be the one purchased, but a new asset must be secured within 180 days in order to qualify for a valid 1031 exchange.

1031 Exchange Intermediaries for Selling A Fee Simple Interests

Although we are just scratching the surface here, fee simple interests require a significant amount of time, attention, and paperwork for a successful reinvestment of your wealth. It is advised to seek professional help if 1031 exchanges are new investment territory.

1031 Exchange Partnership Interest Restriction

Partnerships take many forms. There are general partnerships, limited partnerships, joint ventures, joint tenancy, Corporations, LLCs, etc. The IRS recognizes a partnership as a single entity, a single person. This “person” may exchange real estate, but the individuals who make up the partnership may not exchange their individual shares. This creates a problem when one or more persons wish to break out of the partnership and go on their own without paying capital gains tax. The only exception to this restriction is if ownership is in tenancy-in-common (TIC). The IRS will consider that each owner holds the equivalent of a separate piece of real estate. They can trade that piece for another property of their own.

Many investors are in a partnership or wish to enter the one that already exists. If their partnership is not a TIC, it may be possible to convert. General partnerships and joint ventures are convertible with little problem. Partnerships with limitations, corporations, and the like are not usually convertible.

The conversion of the partnership to TIC allows the investor to accomplish the desired exchange. There are two basic solutions to navigate, each with its own benefits and pitfalls.

Why Purchase Mineral Rights and Royalties?

Although you can choose to purchase nearly anything on this planet after selling a fee simple interest, mineral rights are a great opportunity for a strong reinvestment. By purchasing the subsurface rights of a portion of land, your mineral rights can pave the way for a steady flow of oil and gas royalties in a successful oil and gas lease.

While mineral rights are already a part of a fee simple interest, they can also be bought and sold independently in a split estate. Mineral rights in a city are far less valuable than mineral rights in a known oil and gas exploration area. For the best-case scenario, selling a fee simple interest for profitable mineral rights is done with the help of a specialized 1031 exchange intermediary.

A 1031 exchange specialist will be able to assist you with all the processes.

If you have further inquiries about 1031 exchange fees, feel free to reach out to Ranger Land and Minerals.