Gold Investment and Reporting Requirements A rundown of all the things that need to be declared when dealing with gold
Rules and regulations might not be the most popular thing amongst investors but ensuring that they are abided by means that the market remains a safe and trusted place to operate in. Though normally, the government respects your privacy with what you want to invest in, certain situations can arise when dealing with gold that triggers reporting requirements.
These reports are in place to ensure to the government that you are not engaging in money laundering or other illicit activities the way some criminals have done in the past. Knowing how, when, and why you need to file these reports will make your gold investments proceed as smoothly as possible.
Reporting Requirements and Dealers
Reporting requirements are usually accomplished by dealers and brokers in gold though many private individuals who are selling and/or buying gold sometimes need to accomplish reporting requirements too.
If you are a dealer, some transactions might take place that will trigger a reporting requirement. There’s no need to really fret though as these are simple documents, without much thought needed to answer, and many dealers see them as just routine parts of a gold transaction.
For Buying
To fight instances of money laundering on the part of the dealer or broker, reporting requirements are triggered when gold purchases exceed a certain amount. The rule stated by the IRA is that any purchase of gold that is greater than $10,000 in cash must be reported within a 24 hours time frame.
Cash is defined by the agency as encompassing cashier’s check, traveler’s check, bank draft, or money order. It also includes foreign-denominated physical currency. Payments made using debit/credit cards, ACH transfers, or bank wires, even if they well exceed $10,000, do not fall under the classification of cash and are not subject to report requirements.
Once a transaction triggers the reporting requirement, a dealer or broker must ask the investor to fill up a Form 8300. This form will ask the investor to give things like social security number, name, address, and license. Though it is not mandated that the investor answer every single question on the form, the dealer is required to submit the form to the IRS immediately after.
For Selling
There are a number of mechanics that go into reporting requirements when an investor is looking to sell precious metals. These rules are put into place so that the government can crackdown on tax evasion and anyone who might fail to declare a sale or make dishonest reports about how much was earned.
Some bullion products require reporting while others are exempt. It is the responsibility of the investor and the dealer to familiarize themselves with these intricacies. Reportable products for gold include all bars and rounds with a minimum fineness of 0.995, and in a quantity of 1kg or greater (32.15 troy ounces). Any customer order which meets or exceeds these thresholds requires the dealer to submit a 1099-B form to the IRS.
With coinage, any transaction that has 25 gold coins or more needs to be reported. Selling silver coins that exceed the value of $1000 trigger also reporting requirements. Selling coins like the 1 Oz Maple Leaf, Krugerrand, Mexican Onza, and all 90% Silver US coins need to be reported as well. These rules do not apply to all coinages though. Some, like the American Gold Buffalos, American Gold Eagles, and Austrian Gold Philharmonics, are free from report requirements.
Capital Gains Tax
Any profit made by an investor who sold precious metals is considered capital gains and, thus, is subject to a Capital Gains Tax. Such taxes must be paid right after an investment has been sold in order to avoid any implication of tax evasion.
Conclusion
The bottom line of all this is, it is always best to play it safe and by the book when it comes to government-mandated reports. Whether you’re a broker, dealer, or investor, you should be aware of these rules and regulations from the very beginning. Ignorance of the law is never an excuse and by making sure to always pay your taxes and file your reports, your earnings will be at the gold standard.
