IRS & Your Coins

Discussion in 'Coin Chat' started by Strikeluster, Jun 27, 2010.

  1. silvermonger

    silvermonger Member

    perhaps the only intelligent post in this whole mess
     
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  3. KMSilver

    KMSilver New Member




    Thank You.
     
  4. green18

    green18 Unknown member Sweet on Commemorative Coins

  5. Strikeluster

    Strikeluster New Member

  6. GDJMSP

    GDJMSP Numismatist Moderator

    Ya know, I can't for the life of me understand why people are ranting about this, nor for the articles being printed.

    Here is the pertinent part of subsection A of section 6041 of the Internal Revenue Code - -

    (a) Payments of $600 or more All persons engaged in a trade or business and making payment in the course of such trade or business to another person, of rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable gains, profits, and income (other than payments to which section 6042(a)(1), 6044(a)(1), 6047(e), 6049(a), or 6050N(a) applies, and other than payments with respect to which a statement is required under the authority of section 6042(a)(2), 6044(a)(2), or 6045), or $600 or more in any taxable year,or, in the case of such payments made by the United States, the officers or employees of the United States having information as to such payments and required to make returns in regard thereto by the regulations hereinafter provided for, shall render a true and accurate return to the Secretary, under such regulations and in such form and manner and to such extent as may be prescribed by the Secretary, setting forth the amount of such gains, profits, and income, and the name and address of the recipient of such payment.


    Now let's insert the changes - the changes are in red.


    (a) Payments of $600 or more All persons engaged in a trade or business and making payment in the course of such trade or business to another person, of rent, salaries, wages, amounts in consideration for property, premiums, annuities, compensations, remunerations, emoluments, or other gross proceeds, fixed or determinable gains, profits, and income (other than payments to which section 6042(a)(1), 6044(a)(1), 6047(e), 6049(a), or 6050N(a) applies, and other than payments with respect to which a statement is required under the authority of section 6042(a)(2), 6044(a)(2), or 6045), or $600 or more in any taxable year, or, in the case of such payments made by the United States, the officers or employees of the United States having information as to such payments and required to make returns in regard thereto by the regulations hereinafter provided for, shall render a true and accurate return to the Secretary, under such regulations and in such form and manner and to such extent as may be prescribed by the Secretary, setting forth the amount of such gross proceeds, gains, profits, and income, and the name and address of the recipient of such payment.


    Now I'm no lawyer, but unless you have somebody working for you that is not a regular employee, you do not have to give that person a 1099 - even with these changes.
     
  7. Strikeluster

    Strikeluster New Member

    GDJSMP,
    So you dont agree with David L. Ganz, from Numismatic News, he has a whole different spin then you, and I am hoping for my sake your right about this.

    Steve
     
  8. yakpoo

    yakpoo Member

    Ouch! That made my head hurt...:(

    Life would be so much simpler if we taxed "money spent" rather than "money earned". :thumb:

    That would mean you would pay taxes when buying coins...but not when selling them. It would be up to the seller to collect/pay the tax. I could live with that. :rolleyes:
     
  9. CheetahCats

    CheetahCats Colonial & Early American


    Folks, I mentioned all of this a month ago to the forum... if not earlier in an even earlier post... If you ever plan on selling, or if already a declared business as a dealer...

    See: http://www.cointalk.com/t110617/#post903680
     
  10. Jim M

    Jim M Ride it like ya stole it

    Doug, the way that this new law is written is entirely different than the way we use the 1099 forms today.

    What has happened is that effective Jan. 1, 2012, the whole system of giving and receiving Internal Revenue Service 1099 forms will be turned on its head and all persons (including corporations) who are in business will now have to give 1099 tax reporting forms for coins and other goods that they sell as well as buy.

    This means that if you sell a dealer a coin or coins and receive 600.00 he HAS to according to this law 1099 you.. Dealer to Dealer business will be the same way.. Anything over 600 gets a 1099.. I spoke with my accountant and lawyer about this very thing yesterday.. Both say the same thing.. HOLD ON... its gonna get nasty.. This includes if you read the law, services.. SO, you hire a company to build you a deck.. guess what.. You hire a guy to cut a tree down...guess what... You buy a 1909SVDB, guess what.. I want to buy stock in the printers who will be printing 1099 forms.. The entire 1099 law is different now.. it not only applies to subs as Doug has said but to individuals as well. (H.R. 5141) Look it up gang...
     
  11. Calicoincltr

    Calicoincltr New Member

  12. yakpoo

    yakpoo Member

    All this paperwork is just INSANE!! :goof:
     
  13. Mark T

    Mark T Junior Member

  14. yakpoo

    yakpoo Member

    As the article suggests...the purpose is to track "activity" rather than profit or loss. It's just another example of the tax code being used as a law enforcement tool...something it was never intended to do.

    These jokers are gonna get what's coming to them this November...a big, fat unemployment check! :hammer:
     
  15. CheetahCats

    CheetahCats Colonial & Early American

    IMO it is precursor requirements to implementing a VAT (value added tax). The 1099 trail mimics and is procedurally/functionally similar to what will be required for implementation of a VAT.
     
  16. green18

    green18 Unknown member Sweet on Commemorative Coins


    I remember that post but couldn't find the blasted thing this afternoon......:smile
     
  17. Owle

    Owle Junior Member

    As long as a good faith effort is made the government will probably not bother you. They want paperwork, give them paperwork. They have limited resources to sift through all the data to try and find discrepancies. Eventually they will get the computers to know exactly how much to bill the taxpayer. If you ever go to Canada, you will see how thorough regulation is. Not much tax evasion in that country, they are even tougher in enforcement than the US. What we need is a government that is thoroughly accountable to "we the people", and workers who are not paid outlandish wages and benefits.

    I spoke with a tax attorney at the Baltimore show recently who said that the $600 reporting rule has always been the law just rarely enforced. On the statement that taxes were never designed as a basis for criminal action, I can think of a lot of reasons why the government should have this tool, not just Al Capone and his ilk. I have known some non-filers who were much in need of such action.
     
  18. Owle

    Owle Junior Member

  19. medoraman

    medoraman Supporter! Supporter

    The tax attorney is right, there has always been the requirement to report paying out $600 or more. It has been only enforced towards companies since they are much easier to audit the papertrail.

    Bottom line, yes, the IRS will have the information that you received cash for coin sales. If they audit you they will have the ability to pull this data out and ask to see your receipts to prove what your profit was. By the way, any profit on coin sales by anyone has always been taxable, but rarely could it be enforced since there was no papertrail.

    This is part of the of the IRS trying to close what the call the "tax gap", taxes the government is due but currently not collecting. I was part of a US Treasury panel and the IRS Commissioner talked about this subject frequently.
     
  20. green18

    green18 Unknown member Sweet on Commemorative Coins

    Watch what you say here guys. We're being recorded.......:smile
     
  21. CheetahCats

    CheetahCats Colonial & Early American

    Indeed, same guidance I have consistently received from my tax accountant; and re-discussed pursuant to the recent legislation.

    Hence my statement in earlier posts:

    Also, mind you, too, guidance pursuant to transactions equal to $600 or more - and multiple sales equaling or totaling to more than $600 - in each calendar year with any entity. Which means, basically, attain and retain every piece of paperwork pursuant to both purchases and sales.
     
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