Purchasing (or Selling) Gold and Silver in South Dakota
About South Dakota
Admitted to the union in 1889, South Dakota is home to about one million people. The 46th most populated state in the union and the 17th in area, South Dakota experienced a significant gold rush in the late 19th century. South Dakota has taken modest steps to cultivate an environment more conducive to sound money ownership and use.
What are the Laws on Gold & Silver in South Dakota?
- South Dakota State Sales Tax Laws
- South Dakota Capital Gains Laws
- South Dakota Legal Tender Laws
- South Dakota Depository Laws
- South Dakota State Reserves Laws
- Coin Shops South Dakota
South Dakota State Sales Tax Laws?
South Dakota has started the process of freeing gold and silver from bureaucratic shackles.
According to the Statute 10-45-110 of the South Dakota Codified Laws, there is an "exemption for sales of coins, currency, or bullion."
Bullion is defined as "any bar, ingot, or commemorative medallion of gold, silver, platinum, palladium, or a combination of these metals where the value of the metal depends on its content and not the form."
Coins and currency is defined as "any coins or currency made of gold, silver, or other metal or paper which is or has been used as legal tender."
For more information on rolling back sales tax on constitutional money, click here.
South Dakota Capital Gains Tax?
South Dakota does not impose a state income tax on its citizens, so there is no taxation on capital gains on precious metals.
Income taxes are one major way government bureaucrats penalize holders of precious metals. If you own gold to protect against the ongoing devaluation of America's paper currency (which results from the inflationary practices of the Federal Reserve), you may end up with a "gain" on your gold when it's priced in dollars. Not necessarily a real gain, mind you. It's frequently nothing more than a nominal gain -- but it's nonetheless considered income against which the government assesses a tax.
However, other state legislators across the country have started to recognize that paying taxes on nominal gains is beyond the pale. Arizona and Utah recently eliminated capital gains taxation on precious metals, and Idaho hopes to follow soon.
For more information on capital gains taxation of precious metals, click here.
South Dakota Legal Tender?
The subject of legal tender laws is an important one. Philosophically, it is important to follow the United States Constitution which states in Article I, Section 10, "No state shall...make anything Thing but gold and silver Coin a Tender in Payment of Debts."
Legislative acts that take steps towards this constitutional requirement are slowly gaining steam. Utah and Oklahoma are leaders in this field, declaring gold and silver legal tender within their states.
South Dakota has not yet reaffirmed its constitutional duty to treat gold and silver coins as legal tender, including requiring state courts to enforce gold (and silver) clause contracts as Oklahoma and Utah did with the recent passage of SB 862 and HB 157, respectively.
Oklahoma’s SB 862 reads, in part, “gold and silver coins issued by the United States government are legal tender in the State of Oklahoma. No person may compel another person to tender or accept gold or silver coins that are issued by the United States government, except as agreed upon by contract.”
Utah’s HB 157 reads, in part, “except as expressly provided by contract, a person may not compel any other person to tender or accept legal tender.”
The phrase, “except as agreed upon by contract,” has significant ramifications. This wording reaffirms the court’s ability, and constitutional responsibility according to Article I, Section 10, to require specific performance when enforcing such contracts. If voluntary parties agree to be paid, or to pay, in gold and silver coin, the Oklahoma courts may not substitute any other thing, e.g. Federal Reserve Notes, as payment.
Gold clause contracts are a useful tool to give both creditors and borrowers alike protection against the currency risks resulting from both inflation and deflation.
For more information on gold clause contracts, click here.
Practically speaking, state laws that recognize gold and silver as legal tender restore a government view of precious metals as the favored form of money – a currency rather than a piece of property or other asset. Using this logic, it would be inappropriate for a state to levy taxes when the precious metals are used or exchanged.
For more information on the issue of legal tender laws, click here.
South Dakota Depository Laws?
South Dakota law does not currently allow for a state bullion depository.
While South Dakota may not currently have a bullion depository within the state, there's reason to be hopeful. Texas is championing the state depository cause and other states will likely follow suit. In June of 2015, Texas Governor Greg Abbott signed House Bill 483 into law.
Authored by Representative Giovanni Capriglione (R-Southlake), this bill allows for "the establishment and administration of a state bullion depository."
According to the official Texas Depository website, House Bill 483 "allows for the nation's first state bullion depository to be established in Texas under the supervision of the state's comptroller's office."
Upon signing the bill, Governor Greg Abbott said "with the passage of this bill, the Texas Bullion Depository will become the first state-level facility of its kind in the nation, increasing the security and stability of our gold reserves and keeping taxpayer funds from leaving Texas to pay for fees to store gold in facilities outside our state."
South Dakota Holding Reserves in Gold and Silver?
Financially prudent individuals set aside surplus funds to protect against unforeseen expenditures. This way, when faced with loss of income, house repairs, car trouble, or anything else, they will have a buffer against unanticipated downturns.
In the same vein, almost every state in the United States has established a “savings account” for government operations. Primarily to mitigate a decline in tax revenues that comes alongside economic slumps, states have created so-called budget stabilization funds – colloquially known as “rainy day funds.”
Unfortunately, like every other state in the union, South Dakota does not hold any of its reserves in gold and silver.
While South Dakota may not hold its reserves in gold and silver yet, Tennessee is setting an example by considering legislation that would allow for this. Tennessee Representative Bud Hulsey introduced House Bill 0777 in 2017 which "requires the state treasurer to invest 40 percent of the funds in the rainy day fund in gold bullion of other precious metal bullion." This bill will be voted on in 2018.
For more information on Budget Stabilization Funds, click here.
Coin Shops in South Dakota
Three Featured Coin Shops in South Dakota
Coins & Collectables
1330 W Empire Pl
Sioux Falls, SD 57106
Spearfish Coins Etc
414 North Main Street
Spearfish, SD 57783
Midwest Gold-Silver Coin Shop
2101 W 41st St #114
Sioux Falls, SD 57105