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A mineral rights owner does not necessarily have to own the land property itself but must have a legal agreement with the property owner. In North Dakota, mineral rights can be transferred in three ways: deed, probate or court action.
The highest individual income tax rate is 2.90%, resulting in a withholding tax rate of 2.15% (2.90% - 0.75%). This withholding tax rate applies to all types of royalty owners. For detailed information about exceptions see the Guideline - Oil and Gas Royalty Payments.
Royalty income is generally reported on Schedule E; however, if you are in business as a self-employed writer, inventor, artist, etc., report your royalty income and expenses on Schedule C (Form 1040) Profit or Loss From Business (if you need help accessing Schedule C, go to our Schedule C - Entering Sole ...
First International Bank & Trust's MineralTracker recently produced and presented a 40-page summary to the North Dakota Land Board estimating the total value of North Dakota-owned oil and gas mineral rights at $2.8 billion, an 18% increase from prior year.
Royalty income is the amount received through a licensing or rights agreement for the use of copyrighted works, influencer endorsements, intellectual property like patents, or natural resources like oil and gas properties, often including an upfront payment and ongoing earnings and payments.
Royalties are both taxable as income and deductible as a business expense. These payments must be reported to the IRS and are usually recorded on Schedule E: Supplemental Income and Loss. However, this depends on whether you own a business, the type of property in question, and who retains ownership of the property.
Royalties from copyrights, patents, and oil, gas and mineral properties are taxable as ordinary income. You generally report royalties in Part I of Schedule E (Form 1040 or Form 1040-SR), Supplemental Income and Loss.
Royalties are considered part of your income - so royalty income tax is an extension of the tax that you'll pay on your annual earnings.