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Purchasing (or Selling) Gold and Silver in Texas

Bullion Laws in Texas

About Texas

Admitted to the union in 1845, Texas is home to 28 million people. Home to prominent sound money advocate Congressman Ron Paul, Texas has cultivated an environment more conducive to sound money ownership and adoption by taking several modest steps to free its use.

What are the Laws on Gold & Silver in Texas?

Texas State Sales Tax Laws?

Prior to 2013, the Texas Tax Code allowed a sales tax exemption for precious metals purchases above $1,000. Section 151.336 placed an unfair burden on people wanting to exchange Federal Reserve Notes for real money, i.e. gold and silver, as many purchasers of precious metals make these purchases in increments below the $1,000 sales amount which triggers the sales tax exemption.

Fortunately, House Bill 78, introduced by former Representative Simpson, amended Section 151.336 of the Texas Tax Code to eliminate the threshold at which the sales tax exemption is prompted.

As of 2013, Texas does not charge sales tax on precious metals purchases of any amount.

For more information on rolling back sales tax on constitutional money, click here.

Texas Capital Gains Tax?

Texas 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.

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.

Texas 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.

Texas Depository Laws?

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."

Texas 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, Texas does not hold any of its reserves in gold and silver.

While Texas 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 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 Texas

Featured Coin Shops

Dallas Rare Coins LTD
5211 Forest Ln
Dallas, TX 75244

Forth Worth Coin Company, Inc.
1114 Norwood St
Fort Worth, TX 76107

The Coin Shop
2813 Lee St
Greenville, TX 75401