When a person sells coins to a dealer, does the dealer usually ask for a US residency certification
I assume that most coin dealers have a global business (especially with the internet) and have clients from around the world. Also, there are lots of coin collectors in the US who are not considered US residents for US federal income tax purposes. Suppose a person wants to sell coins outright to a particular dealer, and the dealer either knows the seller vaguely or he has never dealt with him before.
Does anyone know if dealers regularly ask the seller for a certification of US residency, in order to prevent 30% US withholding tax from being paid as part of the transaction? If not, are dealers taking an unnecessary risk with "not knowing the other party" because the dealer is ultimately liable (as the withholding agent under the law) if withholding tax should have been paid and it was not as part of the transaction? Do dealers come across this issue often, or do they just assume that every person who sells coins to them is a US resident and they throw caution to the wind regarding the withholding tax risk? [Note that there are special rules for personal property under Sec. 865 which may get you out of this situation, but I am curious what the standard practices of dealers are].
Does anyone know if dealers regularly ask the seller for a certification of US residency, in order to prevent 30% US withholding tax from being paid as part of the transaction? If not, are dealers taking an unnecessary risk with "not knowing the other party" because the dealer is ultimately liable (as the withholding agent under the law) if withholding tax should have been paid and it was not as part of the transaction? Do dealers come across this issue often, or do they just assume that every person who sells coins to them is a US resident and they throw caution to the wind regarding the withholding tax risk? [Note that there are special rules for personal property under Sec. 865 which may get you out of this situation, but I am curious what the standard practices of dealers are].
Always took candy from strangers
Didn't wanna get me no trade
Never want to be like papa
Working for the boss every night and day
--"Happy", by the Rolling Stones (1972)
Didn't wanna get me no trade
Never want to be like papa
Working for the boss every night and day
--"Happy", by the Rolling Stones (1972)
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Comments
BUT, you do pose some interesting inquiries. I enjoy them!!!
BTW, My dealer buys whatever walks into the door, the coins look the same whether in the hands of citizens or aliens. How he deals with the tax thing(which is what you're asking) I don't know. WHICH, makes me replying to this thread absolutly useless. but it was fun nonetheless
Too many positive BST transactions with too many members to list.
Coin's for sale/trade.
Tom Pilitowski
US Rare Coin Investments
800-624-1870
Since the IRS doesn't even rat out people's fake charity write-offs, I see no reason for a dealer to fear some kind of oddball reporting requirement.
<< <i>I assume that most coin dealers have a global business (especially with the internet) and have clients from around the world. Also, there are lots of coin collectors in the US who are not considered US residents for US federal income tax purposes. Suppose a person wants to sell coins outright to a particular dealer, and the dealer either knows the seller vaguely or he has never dealt with him before.
Does anyone know if dealers regularly ask the seller for a certification of US residency, in order to prevent 30% US withholding tax from being paid as part of the transaction? If not, are dealers taking an unnecessary risk with "not knowing the other party" because the dealer is ultimately liable (as the withholding agent under the law) if withholding tax should have been paid and it was not as part of the transaction? Do dealers come across this issue often, or do they just assume that every person who sells coins to them is a US resident and they throw caution to the wind regarding the withholding tax risk? [Note that there are special rules for personal property under Sec. 865 which may get you out of this situation, but I am curious what the standard practices of dealers are]. >>
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I do remember something about Legend not dealing with non-USA buyers---might have just been a joke, or there may be a reason!
<< <i>I assume that most coin dealers have a global business >>
That's quite an assumption!
My icon IS my coin. It is a gem 1949 FBL Franklin.
I don't understand the 30% withholding remark. They don't withhold anything. They send you a 1099 and you file that information on your tax returns.
Ray
A 1099 is only required for bullion. Taxes are due on all profits. The responsibility for reporting is the seller's.
The 1099 for bullion is not required for American Eagles in silver or gold. Neither is it required for any bullion coin that was not in existence when the commodity exchange was selling contracts on coins.
Thus, a Krugerrand or a Maple Leaf was a reportable item as was any quantity of silver 90% coin OVER $1,000 face value as that was the amount of the contract that used to be traded.
(the entire thing was put into the law to apply to commodity traders and coin dealers, being foul and heinous creatures, were included as an additional benefit to selecting the profession)
So, American product bullion, Philharmonics, Pandas, Koalas, etc. etc. were not a "reporting" item.
And......to add to the confusion.......neither were quantities of Krugers or Maples under 25 per day.
UNLESS......
The dealer had a "reasonable suspicion" that the trades were made to AVOID the reporting.
Now....isn't that simple?
Ray