Legal issues and gold (2024)

Is there sales tax on gold ?

Not in our home state of Arizona. Therefore, purchases from Onlygold.com are free of sales taxes.

Are gold bullion coins legal tender ?

Yes, most of them are. This nominal face value allows them to travel across national borders without the taxation or fees imposed by many countries on bullion itself.

Do bullion coins come with a certificate of authenticity ?

Yes, a maker’s mark and statement of weight and fineness is stamped directly onto gold bullion, whether coins or ingots. The bullion itself, in effect, bears its own ‘certificate’ from whichever Mint or refiner produced it. Fortunately, gold is an element with a unique specific gravity, and other attributes which make it very easy to test for authenticity. The ancient Egyptians pioneered the ‘acid test’ for gold, and any jeweler, pawnbroker, or high school chemistry teacher can demonstrate the basics of gold.

Are there counterfeit gold coins ?

Yes, over the centuries, crude copies of gold coins have been made. But because of gold’s unique density (only platinum is as heavy), these copies are not very convincing. Once you hold a real gold coin in your hand, and you feel the heft and density of it, you realize that gold is simply hard to imitate. Of course, we recommend that you know your supplier when buying gold, just as you would with anything of real value.

Was gold illegal to own at one time ?

Yes, in this country, from 1933 to 1974 it was illegal for U.S. citizens to own gold in the form of gold bullion, without a special license. On January 1, 1975, these restrictions were lifted and gold can now be freely held in the U. S. without any licensing or restrictions of any kind.

When were gold restrictions lifted ?

December 31, 1974 ended the era of private U.S. gold ownership restrictions which had begun in 1933. As of January 1, 1975, U.S. citizens were again free to own gold in any form, including bullion, and in any amount that they can afford, without restrictions or any federal ‘reporting’ of those holdings.

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Is there any limit on how much gold I can own ?

No, there are no restrictions on private gold ownership in the United States. You are limited only by your budget and common sense.

Do you report my gold purchases to the Government or any one else ?

Emphatically NO! Any business you do with us is absolutely private, and we take extraordinary steps to make sure your business with us is private and confidential. Also, we are under no obligation to report your gold purchases to any government agency. Nothing is stronger than our client’s trust that the business they do with us will never be revealed to anyone. We would love to publish the testimonies of some of our well-known clients, but their gold ownership is, for obvious reasons, a very private thing.
See our page: How we are different from other national firms that sell gold coins

Aren’t transactions of $10,000 or more reported to the government ?

Only if they involve actual currency, i.e., a suitcase full of $100 bills, or cash instruments such as multiple cashiers checks which are smaller than $10,000 each but total over $10,000. There is no report, or registration, or any such paperwork on transactions involving single checks or bankwires of whatever size. Currency regulations involving amounts of over $10,000 were designed to thwart money launderers and drug dealers. This is a common area of misunderstanding, but the bottom line is that there is no report made on ordinary transactions of any size, paid with a check or bankwire.

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If I sell gold to you, is that reported ?

Certain forms of gold which traded as commodity contracts in 1982 fall under the Broker Reporting Act of 1982. Specifically named are South African Krugerrands, Canadian Maple Leafs, and Mexican gold Onzas in quantities of 25 ounces ( one ‘contract’) or more. Sales of these items in contract quantities require a 1099B IRS information form, reporting the sale of a regulated commodity contract.

Do I have to report my gold coin purchases to the Government ?

No, there is no branch of federal, state, or local government that is interested in how much gold you might own. The U.S. Mint, a division of the Treasury Department, strikes the gold Eagle bullion coins, and supports their sale with national advertising, sales brochures, gift boxes, and so on, but in the fifteen years that we’ve sold their product, they have never asked us to keep track of who is buying it.

Do I have to pay taxes if I sell my gold bullion coins for a profit ?

If you hold gold as an investment, and later sell it at a profit, you will have either a long-term or short-term taxable gain, just as you would with any other investment.

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Legal issues and gold (2024)

FAQs

How much gold can you legally own in the US? ›

The United States has no limits on buying, selling, or owning gold. An individual can buy and sell as much gold as he or she wants, and there are no restrictions on owning it for investment purposes.

Why is it illegal to own gold in the USA? ›

The stated reason for the order was that hard times had caused "hoarding" of gold, stalling economic growth and worsening the depression as the US was then using the gold standard for its currency.

Can the government take gold you find? ›

Of course it is possible; it has been done before and governments in times of stress simply change the laws. As you can see above, gold bullion was forced to be sold to the government in 1933.

What gold cannot be confiscated? ›

As collectibles, rare coins do not fall within the provisions permitting confiscation. No federal law or Treasury department regulation supports these contentions. The myth that specific types of gold coins are “not confiscateable” stems from the Executive Order that President Roosevelt issued in 1933 calling in gold.

Does the IRS know when you buy gold? ›

There are two circ*mstances in which precious metals dealers are legally obligated to report consumer transactions to the IRS: when a consumer sells reportable quantities of specific bullion or coins; and. when a consumer buys goods from a dealer and pays $10,000 or more in cash for the goods.

Can you physically own the gold you buy? ›

It is possible to own the physical metal in forms such as bullion, coins, or jewelry, although storing and insuring physical gold assets can be costly.

How much gold can you buy without reporting USA? ›

You can purchase gold in any amount using cash. However, if your purchase exceeds $10,000 in value using cash or its equivalents, you must complete Form 8300. This form asks for essential details like your name, address, and social security number.

Is it legal to store gold at home? ›

It is not possible to store investments in gold or other precious metals included in an IRA at home. Investors can purchase and hold physical gold in a home safe, but the IRS prohibits this with IRA-purchased gold and other precious metals.

What gold coins are illegal to own? ›

What coin is illegal to own? In the U.S., owning a 1933 Double Eagle gold coin is illegal. Although the U.S. Mint produced 445,500 of these $20 gold coins in 1933, none were officially released into circulation due to the change in policy that year, which prohibited the private ownership of gold.

Is it illegal to sell gold you found? ›

The short answer is yes – you can turn those items into cash by selling them!

Can you keep a gold nugget you find? ›

The rules do vary depending on where in the states you are planning to search for gold but, largely, as long as the use is recreational and you're not using any sluices or high-powered tools, any gold findings should be yours to keep.

Can I keep gold found on my property? ›

In some cases, the landowner may not own the mineral rights to their property. This means that even if you find gold on your property, you may not have the right to mine or sell it. Examine your property deed or title to determine who owns the mineral rights.

Is it illegal to hoard gold? ›

It is not illegal to own gold – private citizens can purchase and store as much gold bullion as they'd like. Gold was illegal to hoard from 1933 until 1974 under Executive Order 6102.

Can U.S. citizens own gold bars? ›

Yes, in this country, from 1933 to 1974 it was illegal for U.S. citizens to own gold in the form of gold bullion, without a special license. On January 1, 1975, these restrictions were lifted and gold can now be freely held in the U. S. without any licensing or restrictions of any kind.

Can I hide money by buying gold? ›

Gold is valuable as a private currency. You can use it to avoid government control, because no government controls it. You can use it to “launder” money, an ominous but vague term that can mean bad things or harmless ones. You can use it to make anonymous transactions or transfers and to store your money in secret.

How much gold can I buy before it is reported? ›

The IRS requires the reporting of any cash transactions exceeding $10,000. This applies to a single transaction or a series of related transactions within a 24-hour period. For gold purchases, if the total amount paid exceeds this threshold, IRS Form 8300 must be filed.

How much gold can I carry to USA without duty? ›

There is no duty on gold coins, medals or bullion but these items must be declared to a Customs and Border Protection (CBP) Officer. Please note a FINCEN 105 form must be completed at the time of entry for monetary instruments over $10,000. This includes currency, ie. gold coins, valued over $10,000.

How many ounces of gold can you own? ›

Is There Any Limit on How Much Gold I Can Own? Fortunately, the United States government does not limit how much gold its citizens can own. If you have the money to invest in gold and want to own a lot of it, there is nothing stopping you from purchasing as much as you want.

How much gold can I buy for $100,000? ›

Dividing the total amount of money by the price per troy ounce gives us the total ounces of gold that one can purchase. Therefore, $100,000 divided by $2,018.39 equals approximately 49.57 troy ounces of gold.

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