How to 1031 Exchange Mitigation Credits into Mineral Rights and Royalties

1031 Exchange Mitigation Credits

Owning mitigation credits is an incredible way to diversify your wealth for a worthy cause. Mitigation banking helps keep our country’s wetlands healthy and abundant. Is your mitigation credit has significantly raised in value? Are you simply not in it for the money? If yes then they are sellable for other personal assets.

In the United States, taxpayers have the opportunity to utilize a 1031 exchange in the sale mitigation credits. In doing so, capital gains tax that would have otherwise applicable. This is how taxpayers invest in a new like-kind asset.

Money can essentially be anywhere. Is it your dream to restore a wetland area? Do you desire to earn more income? Then, you may want to explore the option of investing in mineral rights. With a 1031 exchange, migration credits is sellable at the highest legal profit margins. Moreover, reinvesting in long-term mineral royalties is great. In this article, we will break down the process step by step to answer questions and help you start.

How to Sell Your Mitigation Credits

Although it requires a significant amount of time and effort, it is generally fairly easy to sell mitigation credits in the United States. In fact, if you are considering reinvesting mitigation credits into the oil and gas industry, these companies may actually be your target market.

Extraction of the earth’s natural resources requires mitigation rights. With that, oil and gas companies are often willing to pay a large lump sum. It is for the opportunity to explore what has otherwise had protection.

Determining the Value of Your Mitigation Credits

As more and more of the resources in the United States are depleting, mitigation credits have actually been rising in value steadily since their introduction on the market. With serious improvements to land and water systems, the value of a mitigation credit can double or triple its value in a short period of time.

Selling to an oil and gas company is an option. Mitigation credits are also sellable to other private investors that want to continue the site’s restoration and conservation efforts. If this is the case, values can range dramatically on:

  • Percentage ownership
  • Habitat acreage
  • Project age
  • Intended uses
  • Location
  • And more

Taxes Paid on the Sale of Mitigation Credits

If you make a considerable amount of cash from mitigation banking, sales from mitigation credits must report your personal income tax each year. On top of this, capital gains taxes are applicable if the gain is significant enough. Capital gains taxes are deferrable using a 1031 exchange.

Selling Mitigation Credits with a 1031 Exchange

A 1031 exchange essentially allows American taxpayers to “trade” their assets for one another without having to pay for capital gains taxes that are applicable. If the new asset is of less value than the mitigation credits, then it is possible for only some of the capital gains taxes to be deferred. For this reason, many investors see 1031 exchanges as a chance to reinvest in a more valuable or cash flow-positive asset.

Mitigation Credits Like-Kind Properties

By definition, mitigation credits are not considered to be tangible personal property. For this reason, they can be exchanged for other intangible assets such as:

  • Mineral rights and royalties
  • Intellectual property
  • And water and ditch rights.

Beyond this, the IRS is typically lenient when it comes to the true definition of “like-kind” properties. In fact, mitigation credits can be used to purchase many physical assets including:

  • Farms
  • Apartment buildings
  • Malls and retail shops
  • Condos
  • And more

Mitigation Credits 1031 Exchange Timeline

As soon as you sell a mitigation credit, a taxpayer’s eligibility for a 1031 exchange begins. In total, the investor must purchase a new asset within 180 days of the sale, after identifying at least one potential property within 45 days. In total, 3 properties are identifieable for consideration in a 1031 exchange, regardless of their value.

1031 Exchange Intermediaries for Selling A Mitigation Credits

With strict deadlines, fine print, and a whole lot to consider, 1031 exchanges are best completed with the help of an intermediary. Having a legal representative on your side will not only streamline the process of the exchange but may also be able to help in the identification of a new asset. If you are considering selling your mitigation credits to an oil and gas company, then it is strongly recommended to work with an experienced oil and gas industry 1031 exchange intermediary.

Why Purchase Mineral Rights and Royalties?

If you own mitigation credits or have been interested in mitigation banking for a while, then you are probably well aware of what mineral rights are and how they work. For those new to the idea, mineral rights represent the ownership of the subsurface of a property.

Although mineral rights are not available in many countries throughout the world, Americans have the opportunity to sell or lease mineral rights for tremendous financial gain. If valuable natural resources are on the property, many extraction companies have the interest in working with a mineral rights owner.

In a mineral rights lease, mineral rights owners are can have a fixed percentage of the profits. It is on resources sales forms the property. Here, it is crucial to negotiate and maximize your mineral rights share. It is so as to earn the most money in your future royalty payments.


The endurance of mitigation banking has provided many mitigation credit owners. The opportunity is there to sell their shares and earn a tremendous amount of income. In the United States, smart reinvestment with a 1031 exchange is helpful. For taxpayers, it enables them to keep more of their money while reorganizing their wealth. Today, there are few and far better investments than mineral rights.

If you have further inquiries about 1031 Exchange Mitigation Credits, feel free to reach out to us here.

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