I have a gifting question for those here who know a lot more about this than I. We are planning to pass our mineral rights on to our children and thought now might be the best time to do so particularly with some of the more favorable tax laws this year and next. The kids are in their 30's and 40's, so if it all works out we might all get to enjoy a little slice of this together. Anyway, we've been in discussions with our CPA/CFP about going through this process and have been told we would need to get a "Qualified Appraisal for Gift Tax Purposes" for the mineral rights or in order to proceed. This was a very specific request, but as our family is not in the immediate area any longer (or in the gas business), I thought I might pose the question to the board here to ask what exactly this is and if there would be someone in the area, or just who would I contact to discuss having one done. I was told to start with calling the oil companies themselves, but to me that just doesn't seem the best way to go to try and get the most value for  you own interests (not necessarily theirs). It was also suggested to discuss with the individual who helped broker the lease deal with us. Now we started there and they are looking iinto it for us, but nothing readily came to bear fruit. Maybe one of these avenues is the best way, I am just not sure. Has anyone else heard of this and if so, would there be anyone in the area or just who would I contact to discuss having one done. Any insight or contacts related into this would be greatly appeciated.

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In regards to taxes, that's the point.  Count 'em before there is documented value and "they" decide for you.  Disclaimer - I'm not an accountant or lawyer.  Everybody is going to have different circumstances so it may or may not be of any benefit to you.
Unfortunately, I think that is what the majority of the basis may be on - bonus money (from what it sounds like as we start moving through this process).
There are some things that you can do that will protect your interest. Email me @ bob@ds.com and I will try to point you in the right direction.
Why not ask a qualified mineral buyer what price they would set to purchase your holdings?  That amount could be used to value the estate as of today in real today dollars.  Many different qualified mineral buyers are readily available to give a quote.  Get three quotes and take the average.  Save the lawyer fees.  Most likely the lawyer will include a clause somewhere which relieves them of culpability in case of problems down the road. JMO

Mr. Styles,

 

   There are many ways to go about this. Many of which have not been mentioned here. I'm a Financial Planner and I have a relationship with one of the companies that actually does the valuations for the IRS when it comes time to value estates for estate taxes purposes. I sent you a friend request. Perhaps I can shed some light on this in a private conversation. Specifics are really important to know what we're up against. 10 acres would certainly be a far cry from the challenge of a 1000 acres. While estate planning is and has been a bit of a moving target there are ways that you can address your concerns and goals in this ever changing environment. I actually have a complete packet dedicated to the methods,tools, and strategies that can be used by mineral owners to accomplish their goals and concerns.

 

One would think if Mineral Rights had an actual accountable book value, there'd be some government entity seeking to tax them..

Do Mineral Rights have any value? They certainly would to someone who intends to mine the minerals. Can't reduce those minerals to possession without them. Just Look at all the lease bonus money paid a couple years back. Today, those same folks who paid all that money may not even want to lease them any more or wouldn't pay any where near as much...

And of course if one sells his surface property and retains his minerals, do the mortgage company reduce the value of the property?

Be nice to know exactly what the value of Mineral Rights were so we'd know how to deal with those Landmen when they come calling.. Seems  mineral rights were only worth a couple hundred dollars an acre for some and $15 to $20 thousand per acre for acreage right across the street depending upon how educated the land owners were. What if the estate owner preparing his will wasn't as knowledgeable about the oil and gas business as say his neighbor who was in the know? That would make quite a big difference wouldn't it?

Gheesh! Looks like Mineral Right could be worth about anything, perhaps nothing! Dependent upon what's going on in the Oil and Gas business at the moment, huh?

That's how I feel about it too; however, we would like something "official" just in case the dogs come barking.

Perhaps Mineral Rights are like a fishing license..

It gives you the right to bait your hook and toss it into the water but you can't be sure if you will catch the Big Bass or just a little blue gill... Maybe even get gleaned and catch nothing... But you don't get to even take a chance without the fishing license, right?

Ding, ding, ding ding - give that man a prize!
Sent you a friend request Mr. Styles.

Perhaps you could do it the old fashioned way, with a Mineral Deed.

"for $10.00 and and other good and valuable considerations..."

"For the love and affection I have for my daughter...." etc.

In that case you would be stating what the value was.....to you.

 

"

Dan ... you don't think the IRS would be wise to that?

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