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Replies: 17 / Views: 4,437 |
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Pillar of the Community
United States
2168 Posts |
Has anyone read about these accounts that are available since the passage of the law in Utah allowing the use of Gold/Silver as payments? I read about the account a week or 2 ago and wondered if anyone is doing this or familiar with it. Thanks!
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Valued Member
United States
214 Posts |
There are a number of states that have been passing laws like Utah's. The laws are basically political statements against the current fiat money system. The bullion coins minted by the U.S. mint have always been legal tender though (the ASE is legal tender for one dollar) so the question is what value to assign to the gold and silver bullion coins? The assignment of a small, nominal value to legal tender opens the door to a lot of tax issues, and these laws complicate them further. If you agree to work for a dollar an hour as long as you are paid in ASEs, is your income tax computed on the basis of one dollar an hour, or the market value of the silver?
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Pillar of the Community
United States
7390 Posts |
Edited by Cascade 10/06/2015 08:57 am
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Pillar of the Community
 United States
2168 Posts |
These are actual accounts where they convert 'dollars' into gold or silver dollars and the actual coins are 100% backed in vaults. An American Express card may be attached to the account so as to spend easier. It is a way to actually pay bills using gold or use to accumulate gold at spot. You may withdraw the gold eagles (only 1 oz US gold or silver eagles are used) I don't know if I can mention the name of the organization here so I won't. I just found it interesting.
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Pillar of the Community
 United States
2168 Posts |
I have not opened one of them just to let you know and am not promoting them. I have been just looking into it since I read about these accounts last week. A few years ago I looked into the Free Lakota Bank that is similar but backed by their own silver/gold coins not US eagles.
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Valued Member
United States
214 Posts |
Cascade: I didn't hear about the Nevada contractor, but it doesn't surprise me that the IRS wants to place a higher value on the mint's own coins. These cases will be tied up in appeal for decades, and most people are going to take the deal to avoid the costs of litigating. Even if you do use a value other than face value, is it spot price on payday, average sale price of ASE? If you don't cash them in right away what is income, and what is capital gain? There are similar cases involving the appropriate rate of sales tax when items are purchased with ASEs, and the results there are mixed. The fact that the Nevada case resulted in a not guilty in the first trial, indicates that the issue of value of the currencey wasn't resolved to the satisfaction of the IRS, and that they are trying to get him on some technical reporting requirement rather than addressing the issue of the legal value of bullion coins. The solution to the problem is to place a higher face value on the bullion coins than the melt value. You see this in the $20 for $20, $50 for $50, etc. Coins that the Canadian Mint is selling, and similar programs in England, France, etc. There is concern that these programs will undermine the fiat currencies, and that people will favor the silver/gold coins over the paper notes, but in the 5+ years that these programs have been in place, there appears to be no such problem. The situation in Canada appears to be the opposite, with the silver coins being traded at less than face value.
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Pillar of the Community
 United States
4591 Posts |
You might want to research the difference between segregated and non-segregated storage.
-----Burton 50+ year / Life / Emeritus ANA member (joined 12/1/1973) Life member: Numismatics International, CONECA Member: TNA, FtWCC, NETCC, EveryCountry (online) coin club Owned by three cats and a wife of 40+ years (joined 1983) Author: 3rd Edition of the Sample Slabs book, https://www.sampleslabs.info/
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Valued Member
United States
214 Posts |
Angel: In the U.S. the Federal Government has the exclusive right to mint coins "intended for use as current money", so any system that is minting their own coins and assigning value to them is going to have a problem in that regard. If you Google "NORFED Liberty Dollar" you should be able to get an idea of the Federal Government's position regarding such systems. With State systems that are using bullion coins minted by the U.S. Mint, there should not be an issue with minting coins, but there could be a problem with assigning a value (or denomination) other than that assigned by the Mint (a federal Agency). There is also the practical issue of what value to assign. If you are going to use the spot price of silver, you are going to have the balance of your account constantly changing.
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Pillar of the Community
 United States
2168 Posts |
I recall about those Liberty dollars. It seems this account converts FRN into 'gold dollars' based on the fact that a gold eagle has $50 on it. they monetize the account in these gold dollars and the FRNs are converted with no spread to spot. I think a good way to accumulate gold since there is no 'selling' to dollars. A tax event would be if you sold the acquired eagles. American Express is involved in that if you have at least 50 gold dollars you can use it basically as a debit card and earn 1% in gold on purchases. I did look at the website and speak to them after reading about these accounts. Seems it is a .org organization and approved in Utah.
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Valued Member
United States
214 Posts |
I googled it and found the "Utah Gold and Silver Depository", which is a private company that you can deposit your slabbed silver and gold coins with, but that appears to be the extent of the services they offer. The actual act passed by the State of Utah just states that U.S. Mint gold and silver coins are legal tender, that the sale of them will not be subject to Utah sales taxs, and that there will be some form of tax credit for capital gains on their sale. It doesn't appear that the state government has any official program, and that it is just private companies offering programs that they think are lawful under the Utah law. I would feel safer just buying bullion direct and holding it myself.
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Pillar of the Community
 United States
4591 Posts |
The OP's Utah depository (and the phantom one in Texas) aren't looking to make their own coins, they are depositories. Where one can deposit one's precious metal instead of storing it in a bank vault or under the mattress. The problem is that unless you pay for segregated storage, all you really have is a paper claim to a share of the pile. If depository receives what turns out to be a fake bar, EVERYBODY pays for it pro rata since all PMs are indistinguishable. Even if you pay extra for segregated storage (so YOUR pile is really YOUR pile), if the depository goes bankrupt, you may be at the tail end of a long line of creditors who take "your" gold/silver to pay the rent owed, etc. All those expenses you thought were being covered by your monthly charges. The humor here is off the charts. You are investing in PM because you don't trust the government but you ARE going to trust a government depository. Or private insurance. The Utah law also doesn't do what you think it does... http://le.utah.gov/xcode/Title59/Ch...1-S1502.htmlQuote: 59-1-1502 (2) Except as expressly provided by contract, a person may not compel any other person to tender or accept specie legal tender. and Quote: 59-1-1502 (3) Gold or silver coin or bullion, other than gold or silver coin that is issued by the United States, is considered to be specie legal tender and is legal tender in the state if: (a) a court of competent jurisdiction issues a final, unappealable judgment or order determining that the state may recognize the gold or silver coin or bullion, other than gold or silver coin that is issued by the United States, as legal tender in the state; or (b) Congress enacts legislation that: (i) expressly provides that the gold or silver coin or bullion, other than gold or silver coin that is issued by the United States, is legal tender in the state; or (ii) expressly allows the state to recognize the gold or silver coin or bullion, other than gold or silver coin that is issued by the United States, as legal tender in the state. So absent court/congressional action, what qualifies? For that, 31USC5112 ( https://www.law.cornell.edu/uscode/text/31/5112) (7 through 11): Quote: (a)The Secretary of the Treasury may mint and issue only the following coins: (1)a dollar coin that is 1.043 inches in diameter.
(2)a half dollar coin that is 1.205 inches in diameter and weighs 11.34 grams.
(3)a quarter dollar coin that is 0.955 inch in diameter and weighs 5.67 grams.
(4)a dime coin that is 0.705 inch in diameter and weighs 2.268 grams.
(5)a 5-cent coin that is 0.835 inch in diameter and weighs 5 grams.
(6)except as provided under subsection (c) of this section, a one-cent coin that is 0.75 inch in diameter and weighs 3.11 grams.
(7)A fifty dollar gold coin that is 32.7 millimeters in diameter, weighs 33.931 grams, and contains one troy ounce of fine gold.
(8)A twenty-five dollar gold coin that is 27.0 millimeters in diameter, weighs 16.966 grams, and contains one-half troy ounce of fine gold.
(9)A ten dollar gold coin that is 22.0 millimeters in diameter, weighs 8.483 grams, and contains one-fourth troy ounce of fine gold.
(10)A five dollar gold coin that is 16.5 millimeters in diameter, weighs 3.393 grams, and contains one-tenth troy ounce of fine gold.
(11)A $50 gold coin that is of an appropriate size and thickness, as determined by the Secretary, weighs 1 ounce, and contains 99.99 percent pure gold.
(12)A $25 coin of an appropriate size and thickness, as determined by the Secretary, that weighs 1 troy ounce and contains .9995 fine palladium. Note no silver coin until you get to Quote: (e)Notwithstanding any other provision of law, the Secretary shall mint and issue, in qualities and quantities that the Secretary determines are sufficient to meet public demand, coins which— (1)are 40.6 millimeters in diameter and weigh 31.103 grams;
(2)contain .999 fine silver;
(3)have a design— (A)symbolic of Liberty on the obverse side; and
(B)of an eagle on the reverse side;
(4)have inscriptions of the year of minting or issuance, and the words "Liberty", "In God We Trust", "United States of America", "1 Oz. Fine Silver", "E Pluribus Unum", and "One Dollar"; and
(5)have reeded edges.
(f) Silver Coins.— (1) Sale price.— The Secretary shall sell the coins minted under subsection (e) to the public at a price equal to the market value of the bullion at the time of sale, plus the cost of minting, marketing, and distributing such coins (including labor, materials, dies, use of machinery, and promotional and overhead expenses).
(2) Bulk sales.— The Secretary shall make bulk sales of the coins minted under subsection (e) at a reasonable discount.
(3) Numismatic items.— For purposes of section 5132(a)(1) of this title, all coins minted under subsection (e) shall be considered to be numismatic items.
-----Burton 50+ year / Life / Emeritus ANA member (joined 12/1/1973) Life member: Numismatics International, CONECA Member: TNA, FtWCC, NETCC, EveryCountry (online) coin club Owned by three cats and a wife of 40+ years (joined 1983) Author: 3rd Edition of the Sample Slabs book, https://www.sampleslabs.info/
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Pillar of the Community
United States
7390 Posts |
Well put Burton  Lest we forget that depository in Texas and the one in Costa Mesa that were running them like a ponzi scheme and went bankrupt with next to nothing in their storage vaults
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Rest in Peace
United States
2668 Posts |
From the ReviewJournal article, the government posits: Quote: ....concocted a fraudulent cash payroll "scheme"... I could debate a very convincing argument that the government has 'concocted a fraudulent debased money "scheme"'. Worthless bureaucrats. 
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Pillar of the Community
 United States
2168 Posts |
That isn't the account I had read about. It is UPMA United Precious Metals Assoc. They only use 1 oz silver or gold eagles as to what the fiat is converted to.
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Pillar of the Community
 United States
2168 Posts |
I was hoping someone here was familiar with these accounts.
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Pillar of the Community
 United States
2168 Posts |
I was surprised to see no interest in these accounts here. I was hoping to get some first hand information. I just read another article about the Chairman at Overstock.com. He seems into this type of security.
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Replies: 17 / Views: 4,437 |