Are precious metals purchases subject to sales tax?

On June 21, 2018, the United States Supreme Court announced a decision in favor of South Dakota in South Dakota v. Wayfair Inc, where the state argued it was losing out on local sales taxes with an increasing number of consumers shopping online rather than in brick-and-mortar stores.

Since 2018, online retailers such as Texas Precious Metals have been forced to adapt to the varying state sales tax rules and regulations across the United States. Sales taxes are calculated and charged based on the address where the order is delivered.

EXAMPLES:

1.) A client residing in Arkansas places an order for $1,000 worth of silver. They would be charged an additional $65.00 in sales tax in compliance with Arkansas sales tax laws as they apply to bullion.

2.) A client residing in Arkansas orders $1,000 of silver to be delivered to a Texas Precious Metals Depository. In this case, the client would only pay $1,000 to Texas Precious Metals with no sales tax, because Texas has no state sales tax on gold and silver bullion coins or bars.

For a complete list of tax regulations by state, please visit: https://www.texmetals.com/sales-tax

When it comes time to sell my precious metals, will the sale be subject to capital gains tax?

Long and short-term capital gains tax questions fall under the class of topics for which you should consult an authorized tax professional. It is generally understood that profits derived from the sale of precious metals are subject to a capital gains tax of 28%. The reporting of those gains is subject to United States law and the conscience of each individual.

When I buy from Texas Precious Metals, does TPM report the sale to the U.S. government?

Unlike the banking industry, the precious metals industry is unregulated (for now). Therefore, the sale of precious metals is a non-reportable event, provided you are not paying for your purchase with cash (physical dollars) in excess of $10,000, which warrants the filing of Form 8300, or deemed to be involved in suspicious activity (SARS report).

The government is satisfied that the funds originating from your bank via personal check or bank wire have been pre-screened for suspicious activity because of the mandates presently enforced on banks. In other words, the government is convinced that your bank knows the origin of your funds and is conducting the proper due diligence on its clients. Consequently, precious metals dealers are not subject to additional reporting restrictions, no matter the size of the purchase.

Nevertheless, in our technological age, it would be naïve to assume that the government cannot easily track the activity of any person of interest via the communications channels (phone, internet, etc.) leading to a purchase. The world is interconnected. Obviously, it is much more difficult for the government to track the whereabouts of the metal once purchased or the line of ownership once it is gifted, traded, lost, stolen, or otherwise dispensed of.

How do I know my metal is real?

The precious metals we sell originate from two sources: mints or third-party sellers such as clients or other dealers.

More than 85% of all the metal we sell originates from the sovereign or private mint producing the coin or bar. The mint guarantees the weight and purity of these products, and we sell them to our clients in the exact condition we receive them from the mint. We open sealed monster boxes or coin tubes only when orders of uneven increments oblige us to do so.

For orders originating from third-party sellers (clients or other dealers), we verify the weight and purity of every shipment entering our vault, no matter how large or small, using a combination of methods such as density testing, specific gravity testing, electromagnetic throughput, and other machine protocols.

For those seeking further assurance, a device such as the Sigma Metalyzer can be purchased for around $1,000.

I have heard that the government might confiscate gold again like they did in 1933. Is this true?

It is impossible to know whether or not the government will confiscate precious metals at a future time. However, there are three considerations for those anxious about the prospect:

1.) The government can confiscate whatever it wants, whenever it wants, and has been known to seize land and other assets from citizens. In fact, the government presently confiscates a percentage of individual income through various taxes, which can rise at any time. Gold is certainly not immune to governmental oversight and regulation.

2.) It is worth noting that, in 1933, the government did reimburse citizens for their gold, albeit at a significantly discounted rate. This form of “confiscation” was therefore different than an airport toiletry confiscation by the TSA, for which there is no reimbursement.

3.) Lastly, and perhaps most importantly, it is worth highlighting that the emphasis placed on the 1933 gold confiscation by some precious metals dealers is not without incentive. Certain dealers incentivize their sales force to drive profits, and since collectible coins offer higher margins, these opportunistic salesmen emphasize that the 1933 legislation exempted collectible coins. However, many of the products classified as collectibles today were, in 1933, standard bullion coins, so the coins being promoted today were, in fact, nonexempt at the time of legislation. In the event of future legislation, it is impossible to know what stipulations the government will place on the citizenry.

Is it better to purchase collectible coins or bullion coins?

Purchasing collectible coins is like purchasing a piece of art. Generally, the value resides not in the metal content, but in the rarity, artistry, or desirability of the coin. So, in evaluating collectible coins, it is critically important to recognize that there are hefty premiums on these coins that sometimes far exceed the metallic value. If you desire collectible coins, ensure that your motivation is not for currency-like fungibility (i.e. easily and quickly convertible into an instrument of equal value).

How do I know I can trust Texas Precious Metals?

Texas Precious Metals is a Kaspar Companies subsidiary business. Kaspar Companies is a 124-year-old, fifth-generation family business that has been continuously operating in South Texas since 1898. As the largest employer in Lavaca County, Kaspar Companies employs over 200 employees across seven subsidiary businesses. Since its inception in 2011 through 2022, Texas Precious Metals has processed more than $1.2 billion in client transactions and over 100,000 orders shipped to all 50 states. In total, this represents over half a million ounces of gold and 17 million ounces of silver. In 2014, Texas Precious Metals was recognized as the No. 1 “fastest growing Aggie-owned or Aggie-led business in the world” by Texas A&M University, and in 2015, Inc. Magazine named it the No. 200 Fastest Growing Private Company in America. In 2018, Texas Precious Metals launched Texas Depository (texasdepository.com), a private storage facility catering to individuals, IRA custodians, and other large commercial institutions.

No product is more closely associated with Texas Precious Metals than the Texas Silver Round. As of 2023, in its 11th year in production, there are more than 3 million Texas Silver Rounds in circulation. In total, including 1 oz, 10 oz, and 100 oz silver bars, more than 4.2 million ounces of Texas Mint branded products have been produced to date. The Texas Silver Round became a staple in the precious metals industry by offering investors a unique value proposition. This one ounce, finely struck medallion is more pure than a US Mint Silver Eagle (.9999 fine vs. .9993), less expensive at the retail level, and packaged in superior boxes comprised of steel, which is distinct from the common plastic containers issued from the government mints.

We encourage first-time precious metals buyers to thoroughly research our company and others before purchasing. Read online reviews, assess Better Business Bureau complaints, or make a site visit to the company’s facility, if feasible. The precious metals industry attracts the unscrupulous, so it is important to be diligent!

What is bullion?

Technically, bullion is defined as gold and silver in the form of bars or ingots with purity exceeding 99.5%. However, coins with equal or greater purity, or even common sovereign coins that are only 22k (91.67%) like the gold United States Mint Eagle or South African Mint Krugerrand, are generally referred to as “bullion” even though they do not pass the technical definition, since they are purchased primarily for their metallic content and not for collectible purposes.

Since the United States Mint Eagle and South African Mint Krugerrand are only 22k (91.7% pure), why do they trade at roughly the same price as pure gold products? While it is true that the gold Eagle and Krugerrand are only 91.7% pure, they nevertheless still contain one troy ounce of gold. Their lesser purity is the result of adding metallic alloys to harden the coins, and so the gross weight of these coins is actually 1.09 troy ounces, with a net gold weight of one troy ounce.

What does it mean when a coin is labeled “Brilliant Uncirculated (BU)?”

The term “Brilliant Uncirculated,” or BU, refers to coins that have not been in circulation or handled commonly like commercial coins. They show no significant wear. When privately held bullion coins have abnormal wear, they may be designated as “Almost Uncirculated (AU)” or “common.”

A common mistake among buyers is to assume that BU coins possess the same qualities as “graded” coins. This is not the case. Imperfections in the minting process, or slight nicks and scratches, do not disqualify a coin from being designated “BU,” particularly when these coins are stacked one upon another in tubes while in transit. Customers who are seeking coins in perfect condition buy MS-70 graded coins, and they pay a higher premium for them.

What is the “spot” price?

The spot price of gold is the price of one ounce of gold as contained within a 400-ounce gold bank bar traded on the commodities exchange at current market prices. For silver, it is the price of one ounce of silver as contained within a 1,000-ounce silver bank bar traded on the commodities exchange at current market prices. These prices for “immediate delivery” are distinct from futures prices, which indicate trade value for delivery at a future date.

NOTE: We publish live spot prices on our website. These prices originate from CME GLOBEX. Since precious metals are traded throughout the world on many exchanges, and since websites publish these prices at irregular intervals, it is common that slight variations in pricing exist between websites. For example, a website publishing prices from a certain exchange every two minutes will produce slightly different prices than another site publishing every twenty seconds from another exchange.

Additionally, most markets publish a “bid” and “ask” price for these metals, with a slight spread between them. In most cases, dealers buy at the bid (the lower number) and sell at the ask (the higher number). Popular metals charts, such as Kitco.com, publish the “bid” price. At Texas Precious Metals, we blend the bid and the ask together, which is more favorable to both buyers and sellers (lower price when buying, higher price when selling).

What is the “premium”?

The premium is the markup for a precious metals coin or bar above the spot price. Several factors contribute to a coin’s premium, the most significant of which is the minting cost. Buyers cannot afford (or do not want) 400-ounce gold bank bars; they want smaller denominations, and those smaller denominations must be minted. In the case of sovereign mints, another contributor is taxes, as some governments levy a duty on every coin sold to customers. Shipping costs from the mints to dealers also contribute to the premium. If the premium for a gold coin is $50, the dealer may gross $10-$15 per coin, depending on volume.

For silver and platinum, the same principles apply.

In general, Texas Precious Metals will also pay a premium to sellers when individuals are selling back to us, especially for products we carry on our website. Our “buy back” premiums are indicated on individual product pages.

What is the “melt” price?

The melt price is simply the spot price multiplied by the precious metal weight. For a 1-ounce gold coin, the spot price and the melt price are the same. If the gold spot price is $1500, and the gold content in the coin is .9675, then the melt price is $1500 x .9675 = $1451.25.

What is a “troy” ounce?

Most people recall that an ounce is 1/16 of a pound, and when purchasing a half-pound of roast beef at the deli, the butcher will hand you an eight-ounce package. This standard unit of commerce is technically referred to as an “avoirdupois” ounce, and it is used commonly for weighing everything except precious metals and gunpowder.

Instead, precious metals are measured in troy ounces, which is a unit of measure that dates to Roman times. A troy ounce is heavier than the avoirdupois ounce, and the conversion is as follows:

1 troy ounce = 1.09714286 avoirdupois ounces

So, do not be surprised if your 16 “1-ounce” 99.99% pure gold Canadian Maple Leaf coins weigh more than a pound on your kitchen scale. You have not won the lottery, unfortunately. You are simply using the wrong scale.

What is “purity?”

A coin’s purity is calculated as the precious metal weight divided by the total weight. In the case of .9999 fine gold, the gold content is at least 99.99% of the total weight. A gold American Eagle coin contains one troy ounce of gold, but the total coin weight is 1.09 troy ounces (the coin contains other alloys). Therefore, the purity of the coin is 1/1.09 = .917 or 91.7% or 22 karat.

What is a “graded” coin?

A graded coin is any coin that has been evaluated by a third-party grading service to certify the coin’s condition using a generally accepted scale ranging from 1-70. The two most popular grading services are NGC and PCGS, and they certify both modern and vintage coins. Graded coins are subsequently mounted inside tamper-proof hard plastic cases commonly known as “slabs,” with a unique serial number archived in the company’s database.

What does it mean to “lock in” a price?

Unlike purchasing an item on Amazon, the prices for our products fluctuate with the commodities market every 20 seconds. They are constantly changing. A buyer “locks in” a price either online or by phone the moment he orders. This is known as a “market order” and is fixed permanently the moment the order is placed, whether the price moves higher or lower afterward.

Amidst these constant price fluctuations, we protect the company against gains or losses through a process known as “hedging.” We generate profit through product premiums, not by speculating in the commodities markets. As a result, we take a short position on our trading platform - a hedge - against any physical inventory in our possession. Our physical inventory acts as long position. These positions offset each other, thereby negating any price exposure.

When a buyer purchases from our company, we close out our short position, and we transfer to the buyer his precious metals order that becomes for him a “long” position. In this way, purchasing precious metals is very similar to buying a stock. Once you execute the trade, there is no reversing it. Our trading staff adheres to the following principle: For every action, there is an equal and opposite reaction. For every sale, we close out the offsetting position. Therefore, once you “lock in” your order, you own the metal at that price.

If you haven't already, go back and read the first two chapters:

• Buyer's Guide

• The Decision Process