Harnessing Mineral Rights: Solution to the 1031 Exchange Boot Problem

August 2, 2023

1031 exchanges serve as a key strategy in the realm of real estate investment, enabling investors to defer capital gains tax by rolling the proceeds from the sale of a property into the purchase of like-kind property. However, the process often encounters a hurdle known as “the boot”, any additional cash or non-like-kind property received during the exchange that becomes taxable.

A new and innovative solution, the Capturiant 1031™, has surfaced to counter this issue: acquiring mineral rights involved in carbon sequestration projects for the entire exchange, or what will make sense is using for “topping off” an exchange. This investment avenue offers a steady income stream from the sale of carbon credits, provides opportunities for portfolio diversification, and further extends tax deferral benefits. This article explores the financial advantages of this approach, marking a promising progression in real estate investing and wealth management.


Sell a building, assume no debt, for $100 million, the basis was $20 million, leaving an $80 million tax exposure, within the 45-day rule you locate another building for $60 million now the boot is $20 million.  By adding Capturiant 1031™ to the list of potential options, you can top off the $20 million.

Mineral rights pertain to the ownership and control of subsurface minerals, such as oil, gas, precious metals, or carbon, beneath a property. The owner has the authority to explore, extract, or sell these minerals, which can be handled separately from the property itself. In carbon sequestration projects, mineral rights can generate carbon credits, sold to firms seeking to offset emissions. With Capturiant 1031™, these rights are part of the innovative solution to the 1031 exchange boot problem.

Features and benefits of a Capturiant 1031™

I.   Liquid and Stable Income from Carbon Credits

The sale of carbon credits serves as the primary source of income for investors who procure working rights in mineral sequestration projects. These credits are a product of projects that maintain the rights to minerals but do not extract them, usually employing a deed restriction or similar legal device to ensure long-term prevention of drilling or mining. They can be sold to organizations seeking to offset their carbon emissions, thus offering investors a consistent, liquid stream of income. This cash flow can be particularly advantageous for real estate investors who seek to manage their investment plans efficiently.

II.   Portfolio Diversification

Investing in mineral sequestration projects introduces an unconventional asset class to the real estate investor's portfolio. Diversification is a vital aspect of risk management, spreading investment risk across different asset types. This form of investment serves as a buffer against real estate market volatility, potentially resulting in steadier returns.

III.  Enhanced Tax Efficiency and Deferral

The acquisition of working rights in mineral sequestration projects provides a unique solution to the boot issue associated with 1031 exchanges. By investing their proceeds into this alternative asset class, investors adhere to the 'like-kind' principle of the 1031 exchange. This approach allows for extended tax deferral and improved overall tax efficiency, paving the way for greater wealth preservation.

IV.   Fueling Project Development

Investing in the working rights of mineral sequestration projects also contributes crucial capital for the advancement of these initiatives. The funds channeled into these projects can bolster the carbon credit market's growth, signifying a financially prudent decision with substantial future profit potential.

To conclude, the acquisition of mineral rights in mineral sequestration projects presents an effective, financially beneficial solution to the 1031 exchange boot problem. It offers real estate investors a route to generate a liquid income stream through carbon credits, diversify their portfolios, optimize tax efficiency, and capitalize on the growing carbon credit market. This pioneering approach has the potential to revolutionize the landscape of real estate investment, signifying a future characterized by enhanced financial stability and profitability.

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