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September 6, 2025

Capital Gains in Oil & Gas: Why It Pays to Hold Energy Assets

In the world of private investments, not all gains are treated equally. Real estate investors understand this. So do venture capitalists. And increasingly, accredited investors in oil and gas are discovering that how you exit an investment can matter just as much as how you enter it.

One of the most compelling, long-term tax benefits in energy investing is the ability to qualify for long-term capital gains treatment—which can reduce your federal tax bill by as much as 50% compared to ordinary income.

Let’s break down how this works, and why it matters for energy investors looking to keep more of what they earn.

Ordinary Income vs. Capital Gains: A Quick Recap

Most high-income earners are taxed at the top federal income bracket—currently up to 37%. That means income generated from wages, bonuses, and most investment returns can face a steep haircut.

But the IRS treats certain types of profits differently. If you hold an asset for more than one year and then sell it at a gain, you may qualify for long-term capital gains rates—which top out at just 20% (plus 3.8% net investment income tax in some cases).

That’s a difference of 17% or more in federal taxes, depending on your bracket.

Example:

  • Gain on a $500,000 oil and gas position
  • Ordinary income tax: $185,000
  • Capital gains tax: $100,000 or less
  • Potential savings: $85,000+

For investors looking to maximize after-tax returns, that difference is substantial.

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How Capital Gains Apply to Energy Investments

In oil and gas, capital gains treatment typically applies when an investor sells or exits their position in a producing asset—such as:

  • A working interest in a well or group of wells
  • Mineral rights acquired directly or through a fund
  • A leasehold interest or royalty-generating property

If the investment has been held for at least 12 months, the profit on that sale may qualify for long-term capital gains treatment.

This is particularly relevant in strategies where:

  • Investors enter a project during the drilling or early production phase
  • Cash flow is received over time
  • The asset is eventually sold, divested, or rolled up into a larger acquisition
In these cases, income from operations may be taxed as ordinary income, but gains on disposition can qualify for capital gains treatment.

Strategic Flexibility for Tax Planning

Unlike fixed-income instruments or pass-through earnings from partnerships (which are often taxed at ordinary rates), energy assets provide timing flexibility that allows investors to plan around their own income cycles.

This means you can:

  • Time asset sales for years when your overall income is lower
  • Harvest gains in tax-advantaged windows (e.g., post-retirement, during sabbaticals)
  • Defer or offset gains with other losses (e.g., via opportunity zones or charitable contributions)

This flexibility is rare—and it allows oil and gas investors to take a more strategic approach to liquidity and exits.

Capital Gains as a Risk Cushion

Oil and gas investments naturally carry risk. Commodity prices fluctuate. Wells underperform. Timelines shift. But when successful, the tax treatment of those gains helps cushion the risk profile of the asset class.

Here’s why:

  • A lower tax burden on the upside improves your risk-adjusted return
  • If you pair capital gains with front-loaded deductions (IDCs, depletion), you enhance both ends of the tax timeline
  • It encourages long-term holding, which reduces churn and associated costs

Think of capital gains treatment as a built-in efficiency bonus for staying the course—and for backing the right projects with the right partners.

Institutional Benefits: Divestitures and M&A

Capital gains treatment isn’t just for individual investors. It plays a key role in how energy firms structure deals at scale.

When oil and gas companies divest non-core assets or exit producing portfolios:

  • Gains from these sales are taxed at favorable rates
  • More proceeds are retained or distributed
  • Capital can be recycled into new projects more efficiently

For funds and family offices, this means higher net distributable cash and the ability to compound capital more effectively over time.

Real Asset Advantage: Capital Gains + Cash Flow

Here’s where oil and gas becomes uniquely compelling: you can earn ongoing income from production (monthly or quarterly), while still realizing capital gains upon exit.

This two-tier return profile—income + appreciation—mirrors the benefits of real estate, but with added tax benefits specific to domestic energy:

  • Intangible Drilling Costs (IDCs) for immediate deductions
  • Depletion allowance for ongoing tax relief
  • Capital gains treatment for long-term upside
It’s one of the only asset classes where your income is partially tax-sheltered, and your exit is potentially tax-advantaged.

Final Thoughts

Oil and gas investing isn’t just about what you make—it’s about what you keep. Capital gains treatment is one of the clearest, most direct ways to improve the long-term profitability of energy investments.

When structured and timed correctly, your stake in a producing well or mineral asset can convert into a highly tax-efficient gain—making your after-tax return look significantly better than traditional alternatives.

At Basin Ventures, we structure every fund and opportunity with these outcomes in mind—from how you enter the deal, to how you earn, to how you exit.

Because a smart energy strategy doesn’t stop at the drill bit. It includes your tax return.

Explore capital-efficient energy investing with Basin:

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Mike Buquoi
Executive Vice President of Investor Relations

In the world of private investments, not all gains are treated equally. Real estate investors understand this. So do venture capitalists. And increasingly, accredited investors in oil and gas are discovering that how you exit an investment can matter just as much as how you enter it.

One of the most compelling, long-term tax benefits in energy investing is the ability to qualify for long-term capital gains treatment—which can reduce your federal tax bill by as much as 50% compared to ordinary income.

Let’s break down how this works, and why it matters for energy investors looking to keep more of what they earn.

Ordinary Income vs. Capital Gains: A Quick Recap

Most high-income earners are taxed at the top federal income bracket—currently up to 37%. That means income generated from wages, bonuses, and most investment returns can face a steep haircut.

But the IRS treats certain types of profits differently. If you hold an asset for more than one year and then sell it at a gain, you may qualify for long-term capital gains rates—which top out at just 20% (plus 3.8% net investment income tax in some cases).

That’s a difference of 17% or more in federal taxes, depending on your bracket.

Example:

  • Gain on a $500,000 oil and gas position
  • Ordinary income tax: $185,000
  • Capital gains tax: $100,000 or less
  • Potential savings: $85,000+

For investors looking to maximize after-tax returns, that difference is substantial.

How Capital Gains Apply to Energy Investments

In oil and gas, capital gains treatment typically applies when an investor sells or exits their position in a producing asset—such as:

  • A working interest in a well or group of wells
  • Mineral rights acquired directly or through a fund
  • A leasehold interest or royalty-generating property

If the investment has been held for at least 12 months, the profit on that sale may qualify for long-term capital gains treatment.

This is particularly relevant in strategies where:

  • Investors enter a project during the drilling or early production phase
  • Cash flow is received over time
  • The asset is eventually sold, divested, or rolled up into a larger acquisition
In these cases, income from operations may be taxed as ordinary income, but gains on disposition can qualify for capital gains treatment.

Strategic Flexibility for Tax Planning

Unlike fixed-income instruments or pass-through earnings from partnerships (which are often taxed at ordinary rates), energy assets provide timing flexibility that allows investors to plan around their own income cycles.

This means you can:

  • Time asset sales for years when your overall income is lower
  • Harvest gains in tax-advantaged windows (e.g., post-retirement, during sabbaticals)
  • Defer or offset gains with other losses (e.g., via opportunity zones or charitable contributions)

This flexibility is rare—and it allows oil and gas investors to take a more strategic approach to liquidity and exits.

Capital Gains as a Risk Cushion

Oil and gas investments naturally carry risk. Commodity prices fluctuate. Wells underperform. Timelines shift. But when successful, the tax treatment of those gains helps cushion the risk profile of the asset class.

Here’s why:

  • A lower tax burden on the upside improves your risk-adjusted return
  • If you pair capital gains with front-loaded deductions (IDCs, depletion), you enhance both ends of the tax timeline
  • It encourages long-term holding, which reduces churn and associated costs

Think of capital gains treatment as a built-in efficiency bonus for staying the course—and for backing the right projects with the right partners.

Institutional Benefits: Divestitures and M&A

Capital gains treatment isn’t just for individual investors. It plays a key role in how energy firms structure deals at scale.

When oil and gas companies divest non-core assets or exit producing portfolios:

  • Gains from these sales are taxed at favorable rates
  • More proceeds are retained or distributed
  • Capital can be recycled into new projects more efficiently

For funds and family offices, this means higher net distributable cash and the ability to compound capital more effectively over time.

Real Asset Advantage: Capital Gains + Cash Flow

Here’s where oil and gas becomes uniquely compelling: you can earn ongoing income from production (monthly or quarterly), while still realizing capital gains upon exit.

This two-tier return profile—income + appreciation—mirrors the benefits of real estate, but with added tax benefits specific to domestic energy:

  • Intangible Drilling Costs (IDCs) for immediate deductions
  • Depletion allowance for ongoing tax relief
  • Capital gains treatment for long-term upside
It’s one of the only asset classes where your income is partially tax-sheltered, and your exit is potentially tax-advantaged.

Final Thoughts

Oil and gas investing isn’t just about what you make—it’s about what you keep. Capital gains treatment is one of the clearest, most direct ways to improve the long-term profitability of energy investments.

When structured and timed correctly, your stake in a producing well or mineral asset can convert into a highly tax-efficient gain—making your after-tax return look significantly better than traditional alternatives.

At Basin Ventures, we structure every fund and opportunity with these outcomes in mind—from how you enter the deal, to how you earn, to how you exit.

Because a smart energy strategy doesn’t stop at the drill bit. It includes your tax return.

Explore capital-efficient energy investing with Basin: