August 24, 2025
Want to cut taxes and earn steady income from energy? Here are 13 expert tips for investing in oil & gas in 2025—from stocks and ETFs to royalties, wells, and tax-advantaged deals.
Last updated: August 25, 2025 • ~20‑minute read
1) Futures & options (WTI/Brent). Exchange‑traded contracts to gain direct exposure or hedge. WTI (CL) on CME is the world’s most liquid crude contract; there’s also Micro WTI (MCL, 1/10th size) for smaller margin footprints.
2) Energy ETFs & mutual funds. Low‑maintenance exposure to diversified energy equities (e.g., XLE, VDE, XOP) or global energy (IXC). These typically issue a 1099 (not a K‑1).
3) Commodity ETPs. Products like USO track oil futures rather than owning energy stocks and are structured as commodity pools that send investors a Schedule K‑1. Know the tax differences.
4) Individual equities. Buy shares of integrated majors, E&Ps, midstream pipelines, refiners, or oilfield services companies via any brokerage.
5) Royalties & mineral rights. Acquire the right to a share of production revenue (royalty interest) or the subsurface minerals themselves (mineral rights). Cash flow depends on volumes and realized prices; no operating control.
6) Direct participation / working interests. Take a non‑operating working interest in wells under a joint operating agreement. This can offer unique tax treatment—but adds operational and liability risk. See the tax section below.
7) Private placements (Reg D). 506(b)/(c) offerings from operators and funds. Typically limited to accredited investors (net‑worth/income or professional‑certification thresholds).
Not investment advice; examples shown for research starting points.
Broad U.S. energy ETFs:
Representative stocks by segment:
For commodity tracking rather than equities, USO is a futures‑based ETP with K‑1 tax reporting.
Macro backdrop. The IEA projects global oil demand averaging ~104.4 million b/d in 2025, with modest growth into 2026; the U.S. EIA sees U.S. crude output averaging ~13.4 million b/d in 2025, an all‑time high, even as prices are forecast to soften amid supply growth. Translation: fundamentals are balanced‑to‑loose, which favors low‑cost producers and disciplined capital allocation.
What that means for investors. Energy can still diversify equity portfolios and deliver dividends/buybacks, but near‑to‑medium‑term returns may hinge more on company quality (costs, balance sheets, capital returns) than on a big commodity upswing.
This is general information—always consult a qualified tax advisor.
Intangible drilling costs (IDCs):
For new drilling, a large portion of well costs (non‑salvageable items like labor, fuel, site prep) may be deducted in the year incurred, subject to rules and at‑risk limitations. Marketing materials often cite first‑year deductions of ~70–80% of the well budget depending on the project’s cost mix. See IRS guidance distinguishing IDCs and nonproductive‑well costs.
Tangible drilling costs (TDCs):
Capitalized and typically depreciated (e.g., under MACRS schedules). (Confirm with your CPA for your specific holding structure.)
Percentage depletion:
Independent producers and certain royalty owners may claim percentage depletion (commonly 15%, subject to limits and special rules, with higher percentages possible for certain marginal properties per statute).
Working interest special rule (passive loss limits):
Under IRC §469(c)(3), a working interest in oil or gas held directly or through a non‑limited‑liability entity isn’t treated as a passive activity—meaning losses aren’t subject to the passive loss rules. Many modern deals use LLCs/LPs (limited liability), which can change the analysis; structure matters.
K‑1s vs. 1099s:
MLPs in IRAs:
MLPs can generate UBTI; >$1,000 of UBTI in an IRA can trigger tax filing (Form 990‑T) by the custodian. Consider MLP‑focused ETFs/ETNs if you want 1099 reporting and to avoid K‑1s/UBTI in retirement accounts.
State severance/conservation taxes:
Oil and gas producing states assess severance and related fees on produced volumes/value. Rates and exemptions vary—check state rules for the basin you’re exposed to.
Should I invest in oil & gas now?
Possibly—depending on your goals. 2025 demand growth is modest and supply is ample, so favor quality, cost control, and healthy dividends over speculative price spikes.
What’s the difference between a royalty and a working interest?
Royalties receive a slice of revenue without paying operating costs but offer no control; working interests share revenue and costs (and risks) with potential tax benefits depending on structure.
Are electric vehicles killing oil demand?
EVs are growing fast, but overall liquids demand in 2025 remains near record highs; the IEA still sees total oil demand around 104.4 mb/d this year.
Will I get a K‑1?
Likely if you invest in an MLP or commodity pool like USO; most broad energy equity ETFs issue a 1099 instead.
How do futures work for individuals?
WTI/Brent futures are standardized contracts; you post margin and gains/losses are marked to market daily. Consider Micro WTI for smaller sizing.