Guide
How states tax precious metals
A state has three levers it can pull on gold and silver, and they operate at different moments, on different people, and through different parts of the statute book. Pulling one hard says nothing about whether the other two were touched at all, which is why a state can look generous and expensive at the same time depending on which lever you happened to read about.
The three levers
Order them by when they bite, and the picture stops being confusing.
- Sales tax, at purchase. Falls on the buyer, on the day of the purchase, calculated on the whole price paid.
- State income tax on the gain, at sale. Falls on the seller, in a later tax year, calculated on the gain alone rather than on the proceeds.
- Legal tender status. Falls on nobody and raises or lowers no tax by itself. It changes what the metal is, in law, not what it costs.
Nothing links them. Each is enacted by its own bill, amends its own part of the code, and survives or fails on its own. A buyer cares about the first, a long term holder about the second, and a person trying to pay a debt in silver about the third.
Lever one: sales tax at the counter
This is the lever with the largest immediate effect and the one most often described inaccurately. It is charged on the full purchase price, not on any profit, so it lands whether the metal later rises or falls. It is collected by the seller at the point of sale. And every finding on this site concerns the state levy only, so a county or city tax can still apply where a state one does not.
Where an exemption exists, the interesting question is not whether it exists but what it is conditioned on. Four condition shapes appear in the records, listed below with the researched states currently carrying each. A state can appear in more than one.
A purity floor
The exemption reaches metal above a stated fineness and stops below it. Investment grade bullion normally clears these comfortably. The purchases that fail are older coinage, alloyed collector pieces, and scrap sold by weight.
A transaction floor
The exemption applies only once the sale reaches a stated size. It excludes the small buyer, which is to say the buyer most likely to be reading a page like this one before walking into a shop.
A transaction ceiling
The mirror image of a floor: relief stops once a sale passes a stated size. A ceiling and a floor are opposite policies and both make an exemption conditional. What a ceiling actually costs a buyer, though, depends on which category of goods the legislature attached it to, and that is not visible in the number. Each one on record is set out underneath.
- Louisiana
- The figure is attached to numismatic coins alone. A numismatic coin priced above it is taxable, unless the sale happens at a national, statewide, or multi-parish numismatic trade show, at which point price stops mattering. Platinum, gold, and silver bullion valued on its metal content sits outside the tax base at any price whatsoever, so the ceiling never reaches the large bullion buyer. It constrains the collector buying away from a show. Reading it as a cap on big purchases inverts what the statute does.
A metal and form combination, with no number in it
The hardest kind to spot, because there is no threshold to look up. The statute lists which metals qualify and in which physical forms, and an ordinary product falls through the gap between two clauses. Reading the definitions rather than the headline is the only way to find these.
Two of those are worth seeing concretely. Missouri's statute runs two definitions side by side: bulk bullion carries a fineness floor of nine hundred parts per thousand, while investment coins carry no fineness requirement at all, so the floor mostly reaches bars, rounds, and scrap sold by weight rather than the coins most buyers walk out with. Florida works the other way around, gating its broad exemption behind a high fineness test and dropping everything that fails it back onto an older rule that only relieves a coin sale once the taxable amount passes a set figure.
Kansas shows the fourth shape, the one with no number in it. Its exemption covers gold or silver coins in one clause and bars, ingots, or medallions of four metals in another. A platinum coin is neither a gold or silver coin nor a bar, ingot, or medallion, so it falls between the two clauses and stays taxable, which no summary of the statute would tell you.
Sources
- [1]StatuteMissouri Revisor of Statutes, RSMo Section 144.815 (bullion and investment coins sales and use tax exemption)
- [2]LegislatureFlorida Legislature: CS/HB 999 (2025), enrolled bill text, Chapter 2025-100
- [3]Revenue departmentFlorida Department of Revenue, Technical Assistance Advisement 24A-006 (coins and currency sales tax)
Lever two: state income tax on the gain
This lever reaches the seller rather than the buyer, and it reaches only the gain. It is also the lever where this site declines to publish any total, and the reason is worth stating before anything else on the page.
The field that records this in each state's file is a single yes or no. That flag cannot tell apart a state that wrote a bullion carve-out into its income tax from a state that levies no individual income tax at all and therefore has nothing to carve out. Those are different legal positions with different futures, and the records currently disagree with one another about which value to store for states in the second category. Any figure added up from that field would be wrong, so no figure is published from it anywhere on this site, and none should be inferred from the comparison table. What each state page reports is what that state's own record and sources say, which is where the question can be answered honestly. The methodology page records the defect in full.
What the mechanism looks like, in states whose records support the description:
- A subtraction from income
- Missouri added two of them in one 2025 session, in separate bills. One lets an individual subtract all income reported as a federal capital gain for tax years from 2025. The other, added by the same bill that rewrote the state's legal tender statute, separately subtracts the gain on specie from 2026. They were enacted together and they reach different things.
- A credit calculated to cancel the tax
- Utah uses a nonrefundable credit equal to the gain multiplied by the individual income tax rate, which cancels the state tax on that gain rather than merely reducing it. Being nonrefundable, it cannot offset tax on anything else, and it reaches exchanges of one form of legal tender for another rather than bullion sales generally.
- Nothing, because a bill did not survive
- Kansas passed a subtraction modification for specie sales through both chambers by wide margins in the 2025 to 2026 biennium. The governor vetoed it, no motion to reconsider was made, and the veto was sustained. A near identical bill in the previous biennium never reached a floor vote. The lever exists in Kansas only as legislative history.
- A separate tax that ignores bullion entirely
- Washington levies a capital gains excise tax on long term gains above a large annual deduction. Its exemptions cover real estate, retirement accounts, and certain agricultural, timber, and family business property. No bullion carve-out appears in the chapter. Many bullion sellers owe nothing under it, but that is the size of the general deduction doing the work, not a rule about metal.
- No income tax at all
- In Texas the answer comes from the state constitution, which bars a tax on individual net income and, since 2025, separately bars a tax on realized or unrealized capital gains. In Tennessee it comes from the ordinary statutory repeal of the old interest and dividend tax through the end of 2020. Both states reach the same practical result for a bullion seller, by routes that could be reversed in entirely different ways.
Sources
- [4]StatuteMissouri Revisor of Statutes, RSMo Section 143.121 (income modifications, subdivisions 14 and 15)
- [5]Revenue departmentMissouri Department of Revenue FAQ: Capital Gains on Specie Subtraction
- [6]Revenue departmentMissouri Department of Revenue FAQ: Capital Gains Subtraction
- [7]Revenue departmentMissouri Department of Revenue news release: Missouri, First in Nation to Fully Exempt Capital Gains Tax
- [8]StatuteUtah Code Part 15, Specie Legal Tender Act (59-1-1501.1 through 59-1-1506)
- [9]StatuteUtah Code 59-10-1028, Nonrefundable tax credit for capital gain transactions on the exchange of one form of legal tender for another form of legal tender
- [10]StatuteWashington State Legislature: RCW Chapter 82.87, Capital Gains Tax
- [11]Revenue departmentWashington Department of Revenue: Capital gains tax overview
Lever three, which is not really a tax lever
Legal tender recognition belongs in this list only because it is constantly reported as though it were a tax measure. On its own text it changes the monetary standing of specie and nothing about what a purchase costs. Where a legal tender act does move a tax result, it does so through language that a reader has to go and find, and the effect is usually narrower than the headline.
That is a whole subject of its own, and it has its own page: legal tender status is not a sales tax exemption, which sets out what the acts say, where they sit in a state code, and the states where the two questions currently produce different answers.
Nebraska, with two levers pulled to different lengths
Nebraska is the cleanest illustration on the site that the levers are independent, because it pulled two of them and the two do not line up.
On the first lever, Nebraska is as generous as any state. Its statute exempts currency and bullion together, and read as a pair the two clauses reach gold, silver, platinum, and palladium, in coin, bar, ingot, medallion, and, after a 2024 amendment, note, leaf, foil, and film. The Department of Revenue's own guide says no documentation is needed to claim it, and describes no fineness test and no dollar limit in either direction. Nothing an ordinary buyer walks in to purchase falls outside it.
On the second lever, the same 2024 bill created an income adjustment that is drawn much more narrowly. It subtracts net capital gain on the sale or exchange of gold or silver bullion, adds back the matching loss, and does not apply to a gain or loss realized inside a retirement plan account. Platinum and palladium, fully covered at the counter, do not appear in it. A Nebraska buyer of a platinum bar pays no sales tax on the purchase and has no bullion specific relief on the gain when selling it.
On the third lever Nebraska has done nothing at all. It has never enacted a legal tender declaration for gold or silver. The record, including the two omnibus revenue bills that carried these provisions and the coverage that overstated the second one, is on the Nebraska page.
Sources
- [12]Revenue departmentNebraska Department of Revenue: Nebraska Sales Tax Exemptions guide, Bullion and Currency entries citing Neb. Rev. Stat. 77-2704.66
- [13]LegislatureLegiScan: NE LB1317 (2024) official status history and Governor approval record
- [14]Revenue departmentNebraska Department of Revenue: 2025 Nebraska Corporation Income Tax Booklet, "Bullion, Gain or Loss on the Sale or Exchange of Bullion (LB 1317, 2024)"
Why the levers get pulled unevenly
The unevenness is not carelessness. It follows from how the bills are carried.
A sales tax exemption and an income tax subtraction go to different committees, carry different fiscal notes, and cost the treasury on different lines of the budget. The exemption's cost is immediate and easy to score. The subtraction's cost depends on future realizations nobody can forecast well. A legal tender declaration often scores at nothing at all, which is one reason it can pass a chamber that would not vote for either tax change.
The vehicle matters as much as the subject. Nebraska's two provisions both arrived inside large omnibus revenue bills that absorbed pieces of a dozen unrelated measures, which is why a bullion change can be enacted 49 to 0 without a recorded vote on bullion at all. Sound money bills, by contrast, tend to be standalone and to attract a recorded vote and a veto risk. Two provisions that a reader would think of as one policy can therefore have completely different legislative fates in the same building in the same month.
The practical consequence for anyone checking a state: answer the three questions separately, and do not let a yes on one of them stand in for the others. The fifty state table reports the first and third for every state, and each researched state's own page reports all three with the documents behind them.