
Revenue Ruling 82-96
Gold bullion was found to be like-kind and 1031 eligible to Canadian Maple Leaf gold coins. The Canadian Maple Leaf gold is still considered legal tender in Canada but is traded on the basis of its gold content, which, like bags of 90 percent silver coins, exceed the face value of the coins.
In California Federal Life Insurance, the court ruled that exchanging Swiss francs for U.S. Double Eagle gold coins was not like-kind because the Swiss francs could be used in Switzerland while the U.S. Double Eagle gold coins are held for their bullion content. The implication is that coins must be non-circulating; however, the Swiss francs lacked both numismatic or bullion value beyond their face value.
1031 Exchange
Internal Revenue Code §1.1031 allows U.S. and foreign individual and corporate taxpayers to defer the capital gain tax associated with the sale of real and personal property held for productive use in a trade, business or investment, such as precious metals, when exchanging for real and personal property held for productive use in a trade, business or investment. The capital gains tax on collectibles is currently 28 percent plus state capital gains tax. A 1031 exchange defers, delays or postpones the tax until the replacement property is eventually sold.
Related gold and silver articles of interest include:
- Avoiding the Tax Consequences of Selling Gold and Silver with a 1031
- 1031 Exchange Requirements: Gold and Silver Predominant Use
- 1031 Exchange: Collectibles – Artwork, Vintage Motorcars, Coins
- 1031 Exchange: Gold and Silver Exchange-Traded Funds (ETFs)
- Gold and Silver 1031 Exchange Frequency
- Gold, Silver, Copper 1031 Review
- Numismatic Type Coins 1031 Eligible
- 1031 Exchange Gold and Silver Bullion Insights
