The 2 Ways Tax Conscious Physicians Are Investing in Oil & Gas

This sponsored post was created in partnership with Eckard Enterprises.

When most physicians think about investing in oil and gas, I imagine we picture buying shares of an energy company, an energy ETF, or maybe investing in some sort of private fund.

At least, that was generally how I thought about it.

But there is another category that I think is much less familiar to physicians: directly owning oil and gas assets.

And the more I learn about alternative investments, the more I realize that this distinction matters. Before worrying about projected returns, tax deductions, or cash flow, I want to understand a much simpler question:

What do I actually own?

When it comes to direct oil and gas ownership, two of the primary options are mineral rights and working interests. They may both produce income from oil and gas, but they work very differently.

Understanding that difference is a good place to start.

Option 1: Owning mineral rights

Mineral rights are the legal rights to the minerals beneath a piece of property. Importantly, those rights can be separated from ownership of the land itself.

In other words, one person could own the surface of a property while somebody else owns the oil, natural gas, or other minerals underneath it.

For an investor, the attraction is relatively straightforward.

A mineral owner can lease those rights to an energy company that handles the actual drilling and production. If oil or gas is successfully produced and sold, the mineral owner receives a royalty based on the agreement.

The operating company is doing the complicated work. It is finding the reserves, drilling the wells, maintaining the equipment, and producing the resource.

The mineral owner is providing access to the resource.

That difference matters.

Eckard's materials describe mineral rights as a way to receive royalty income without directly paying the drilling and operating expenses associated with developing the wells. That can make the investment much more passive from an operational standpoint.

And these are actual ownership rights. Mineral rights are generally treated as real property and can exist separately from the surface property. Depending on the circumstances, they can also be sold, transferred, or passed to future generations.

For a physician who already has a full-time job, I can understand why that structure might be attractive.

But passive does not mean risk free.

If production disappoints, commodity prices fall, or the operator performs poorly, royalty income can decline. Buying the wrong mineral interests at the wrong price can still result in a poor investment.

Option 2: Owning a working interest

A working interest takes the investor much closer to the actual economics of producing oil and gas.

Instead of simply owning the minerals and receiving a royalty, a working-interest owner participates in the exploration and production of the resource.

That means participating in potential revenue when wells produce.

But it also means participating in the costs.

And that is the fundamental tradeoff.

Working interests may offer greater upside than mineral royalties when a project performs well, but the investor is taking on considerably more exposure to the success of the drilling operation.

There can be development costs. Wells can underperform. Commodity prices can move against you. Projects can be delayed. A well may simply produce less oil or gas than expected.

This is where I think it becomes especially important to resist the temptation to focus only on projected returns.

A higher projected return generally exists for a reason.

You are accepting more uncertainty to pursue it.

For a physician looking at a working-interest opportunity, I would want to understand not just what the upside case looks like, but what has to happen operationally for that upside to occur.

Why physicians hear so much about the tax benefits

This is probably the part of oil and gas investing that gets the most attention among high-income professionals.

Working interests can come with significant tax deductions related to the cost of developing wells.

One important category is intangible drilling costs, or IDCs.

These are drilling expenses that do not result in a salvageable physical asset. Eckard's tax materials estimate that IDCs can represent roughly 60% to 80% of the cost of drilling a well and explain that qualifying taxpayers may elect to deduct these costs when incurred or capitalize and amortize them.

There are also tangible drilling costs, which are treated differently, along with depletion deductions that may apply as oil and gas reserves are produced.

This is why you will sometimes see very large first-year tax deductions discussed alongside working-interest investments.

But this is also where I think physicians need to be careful.

A tax deduction does not automatically make an investment attractive.

The economic investment still has to work.

If I invest $100,000 into something primarily because I can generate a deduction, but the underlying asset performs poorly, the deduction did not somehow turn that into a good investment.

Tax treatment should improve an investment thesis. It should not be the investment thesis.

And your ability to use any deduction depends on the structure of the investment and your own tax situation. This is absolutely an area to review with your CPA or tax advisor before investing.

Mineral rights versus working interests

The simplest way I have found to think about the two is that they sit at different points on the risk and involvement spectrum.

With mineral rights, you own the underlying resource rights and generally receive royalties when an operator successfully produces oil or gas. You are removed from much of the cost and operational responsibility of drilling.

With a working interest, you participate much more directly in the project. That creates the potential for greater economic and tax benefits, but also greater exposure to drilling costs and operating risk.

Neither structure is inherently better.

They solve different problems.

An investor primarily interested in long-term royalty income with less operational exposure may view mineral ownership differently from an investor specifically seeking the potential returns and tax characteristics associated with working interests.

The right question is not simply, “Which one makes more money?”

The better question is, “Which risks am I actually taking to earn that money?”

Due diligence still matters most

One theme that appears repeatedly in Eckard's materials is due diligence.

I think that is ultimately the most important part of this entire conversation.

Oil and gas is a specialized industry. Evaluating geology, drilling economics, operators, mineral acreage, reserve estimates, production history, lease terms, and commodity exposure is very different from analyzing an index fund.

That means the quality of the people selecting and operating the assets matters.

For mineral rights, I would want to understand exactly what I own, where the minerals are located, what production exists nearby, who the operators are, and how the purchase price was determined.

For a working interest, I would want to understand the operator's track record, expected development costs, assumptions behind projected production, what happens if drilling costs increase, and what the downside case looks like if a well disappoints.

The more complicated an investment becomes, the less comfortable I am relying on a headline return or tax benefit.

I want to understand what actually has to happen for me to make money.

The takeaway for physician investors

Direct oil and gas ownership is a category that many physicians may never have seriously considered.

That does not mean we should automatically invest in it.

But I do think it is worth understanding.

Mineral rights can provide direct ownership of real property interests that may generate royalty income without requiring the owner to operate the wells. Working interests move the investor closer to the actual production economics, potentially creating greater upside and significant tax deductions while also introducing considerably more risk.

The distinction between the two is important.

And for me, the bigger lesson applies far beyond oil and gas.

Whenever I evaluate an alternative investment, I want to get past the projected return and ask what I am actually buying, where the return comes from, what could go wrong, and why I am being compensated for taking that risk.

If I cannot answer those questions, I probably do not understand the investment well enough yet.

What do you think? Have you ever looked at mineral rights or working interests as part of your portfolio? Let me know in the comments below!

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Jordan Frey MD, a plastic surgeon in Buffalo, NY, is one of the fastest-growing physician finance bloggers in the world. See how he went from financially clueless to increasing his net worth by $1M in 1 year  and how you can do the same! Feel free to send Jordan a message at [email protected].

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