State record MO
Missouri gold and silver money law
Every claim on this page was checked against its sources on .
Sales tax on bullion
Exempt with conditions
Missouri exempts purchases of bullion and investment coins from state and local sales and use tax under Section 144.815. The statute defines two separate categories. "Bullion" is gold, silver, platinum, or palladium in a bulk state, valued by its content rather than its form, with a purity of not less than nine hundred parts per one thousand, a 90 percent floor. "Investment coins" are numismatic coins or other forms of money and legal tender made of those metals with a fair market value greater than their face value, and that category carries no purity floor at all. In practice almost every coin bought as bullion clears the investment coin definition regardless of purity, so the 90 percent floor mainly matters for bulk bars, rounds, or scrap sold by weight rather than as coin. Because that floor is a real, numeric condition written into the statute, and not merely a hypothetical one, this record classes Missouri as a partial exemption even though the floor is low enough that genuine investment grade bullion, which typically runs 99.9 percent or higher, will not fail it. There is no dollar transaction minimum in the statute.
Purity condition. 900 parts per 1,000 (90 percent) for the bulk "bullion" category; no purity floor for the "investment coins" category
Sources
Legal tender status
Gold and silver are recognized as legal tender in Missouri and that recognition is in force.
Mo. Rev. Stat. Section 408.010, the "Constitutional Money Act", as rewritten by House Bill 754 (2025), effective August 28, 2025
State income tax on gains
Missouri exempts capital gains from state income tax through two separate 2025 enactments now codified as subdivisions (14) and (15) of RSMo 143.121.3. House Bill 594 added subdivision (14), which lets an individual subtract 100 percent of all income reported as a federal capital gain for tax years beginning on or after January 1, 2025, with a parallel but not yet operative corporate subtraction. House Bill 754, the same bill that rewrote the legal tender statute, separately added subdivision (15), which for tax years beginning on or after January 1, 2026 lets a taxpayer subtract the portion of capital gain from the sale or exchange of "specie", the investment grade bullion defined in Section 408.010, that is included in federal adjusted gross income. The Department of Revenue's own FAQ on the specie subtraction states plainly that individual filers do not need it separately because the broader subdivision (14) subtraction already covers their bullion gains, and that subdivision (15) instead matters for corporate income tax, fiduciary income tax, and pass-through entity tax filers, none of whom qualify for the individual subtraction.
Sources
- [2]StatuteMissouri Revisor of Statutes, RSMo Section 143.121 (income modifications, subdivisions 14 and 15)
- [3]Revenue departmentMissouri Department of Revenue FAQ: Capital Gains on Specie Subtraction
- [4]Revenue departmentMissouri Department of Revenue FAQ: Capital Gains Subtraction
- [5]Revenue departmentMissouri Department of Revenue news release: Missouri, First in Nation to Fully Exempt Capital Gains Tax
Legislative history
The Missouri history below is not cited sentence by sentence; it rests on the numbered sources listed elsewhere on this page, [1] to [9].
Missouri has recognized some form of precious metal legal tender since 1939, when Section 408.010 declared "the silver coins of the United States" legal tender at their federal par value. That single sentence sat largely unused for most of a century. In 2025 the legislature rewrote it completely. Senator Mike Moon's "Constitutional Money Act" language was added to House Bill 754, an otherwise unrelated banking bill, and the enrolled text shows the old 1939 sentence struck through and replaced with a much larger framework covering "specie," "electronic specie currency," and "bullion." Governor Mike Kehoe signed the bill on July 10, 2025, and it took effect August 28, 2025.
As rewritten, Section 408.010 requires that electronic specie currency be accepted as legal tender for public debts contracted after the effective date, and it allows both physical specie legal tender and electronic specie currency to be accepted for private debts, but only at the discretion of whoever is receiving payment. No person or entity is required to use specie in place of federal reserve notes, and the state is barred from seizing lawfully held specie or from enforcing a federal order restricting its use. An employer may pay wages in the dollar equivalent of specie if an employee requests it, provided the employer verifies the weight and purity of any physical specie handed over. None of this created a state depository or storage program; the statute is about how debts and wages may be paid, not about where metal is kept.
The same 2025 wave changed how Missouri taxes bullion. Section 144.815 already exempted "bullion" and "investment coins" from state and local sales tax, and had for a quarter century. The revisor's history line for the section reads "(L. 2000 S.B. 896, A.L. 2001 H.B. 825)", and its table of versions shows a first version effective August 28, 2000 and the current version, produced by the 2001 amendment, effective August 28, 2001. The exemption therefore dates to 2000, and only its present wording dates to 2001. Bullion is defined by a 90 percent purity floor on bulk gold, silver, platinum, or palladium; investment coins are defined only by trading above face value, with no purity requirement. Because almost every coin bought as an investment clears the second definition regardless of its purity, the 90 percent floor mainly constrains bulk bars or scrap sold by weight, and genuine bullion products, which typically run 99.9 percent purity or higher, clear it easily. The statute has no dollar minimum. Because a numeric purity condition still exists in the text, this record treats Missouri as a partial rather than a full exemption on sales tax.
On income tax, Missouri went further than most states in the same legislative session. House Bill 594 let individual taxpayers subtract 100 percent of any federally reported capital gain, precious metals included, starting with the 2025 tax year, making Missouri the first state with an income tax to fully exempt individual capital gains. House Bill 754, the same bill that rewrote the legal tender statute, separately added a narrower subtraction starting with the 2026 tax year for capital gains specifically on the sale of "specie" as defined in 408.010. The Department of Revenue's own guidance on that narrower subtraction states that individual filers do not need to use it, since the broader 2025 provision already covers their bullion gains, and that it instead applies to corporate income tax, fiduciary income tax, and pass-through entity tax filers who fall outside the individual subtraction.
Bills and acts
HB754 Enacted
2025 Regular Session (103rd General Assembly)
Modifies standards for certain financial organizations
- Enacted
- Effective
Introduced by Representative Philip Oehlerking as a bill about banking and financial institutions, this act was amended in the Senate to add the "Constitutional Money Act," which rewrote Section 408.010. The enrolled text shows the old law, which since 1939 had declared United States silver coin legal tender at par value for public and private debts, struck through and replaced. The new section requires electronic specie currency to be accepted as legal tender for public debts, and allows both physical specie legal tender and electronic specie currency to be accepted for private debts at the receiving party's discretion. It bars the state from seizing specie legal tender, from enforcing federal orders restricting its use, and from favoring one means of legal tender over another, while making clear no person is compelled to use it and federal reserve notes remain usable for any debt. It defines "bullion" as refined gold or silver, in any form, stamped with weight and purity and valued primarily for metal content, and "specie" as bullion fabricated into products of uniform shape, size, and purity suitable for use as currency. The same act added subdivision (15) to the income tax modification statute, 143.121, exempting specie capital gains starting with tax year 2026. The House passed the amended Senate version 118 to 10 with 15 present on May 5, 2025, following earlier unanimous or near unanimous committee votes, and the Senate had passed its version 20 to 11 on May 1, 2025. Governor Mike Kehoe signed the bill on July 10, 2025.
HB594 Enacted
2025 Regular Session (103rd General Assembly)
Relating to taxation
- Enacted
- Effective
Sponsored by Representative Chad Perkins and combined in the Senate with HB508 into "SS#2 HCS HBs 594 & 508," this act added subdivision (14) to 143.121.3, letting an individual taxpayer subtract 100 percent of federally reported capital gains, of any kind including gains from selling bullion or coin, for tax years beginning on or after January 1, 2025. A parallel corporate subtraction is written into the same subdivision but does not take effect until the tax year after Missouri's top individual income tax rate falls to 4.5 percent or below, a rate that stood at 4.7 percent as of 2025. The House gave final passage 102 to 41 with 10 present on May 7, 2025, after the Senate had passed its substitute 27 to 6 on April 7, 2025. Governor Kehoe signed the bill on July 10, 2025, making Missouri, according to the Department of Revenue's own announcement, the first state that levies an income tax to fully exempt individual capital gains.
Where sources disagree
Each Missouri divergence note below is drawn from the same numbered sources as the findings above, [1] to [9], and is not separately numbered against any one of them.
These are recorded rather than resolved. Each describes a real discrepancy between sources this page relies on.
- Divergence 1
A sound money advocacy page on Missouri, carrying a "Last Updated: 9/1/25" stamp, states that "Missouri has not reaffirmed its constitutional duty to treat gold and silver coins as tender for payment of debt as Oklahoma and Utah did," that "under current law, gold and silver are subject to capital gains taxation when exchanged for Federal Reserve notes or when used in barter transactions," and that in "2013, 2014, and 2015, Missouri has introduced an act" creating a precious metals capital gains deduction, adding that "while these measures have failed, Missouri legislators continue to introduce the bill." The enacted record contradicts all three. House Bill 754 rewrote Section 408.010 into the Constitutional Money Act, recognizing specie legal tender effective August 28, 2025, and the same bill added a specie specific capital gains subtraction to Section 143.121 effective for the 2026 tax year, on top of the broader capital gains subtraction for all individuals that House Bill 594 made effective for the 2025 tax year. The page's legal tender discussion still points to Missouri's 2012 House Bill 1637 as the most recent attempt.
- Divergence 2
At least one account of the 2025 legislation describes it as establishing a state bullion depository administered by the state treasurer. No depository provision appears anywhere in House Bill 754 as introduced, as truly agreed to and finally passed, or in the current codified text of Section 408.010. A separate bill using similar "Constitutional Money Act" language, Senate Bill 25, was introduced in the same 2025 session and remained pending in a Senate committee without passing; nothing in its text creates a depository either. Missouri has no state bullion depository in force.
- Divergence 3
The Department of Revenue's own FAQ page for the general capital gains subtraction is internally inconsistent about its own effective date. Its opening answer and its worked example both describe the subtraction as available "for the 2025 tax year," matching the statute's text and the department's separate news release announcing the change, but the answer to "When can I claim the subtraction?" on that same page states it "applies to tax years beginning on or after January 1, 2026" and can first be claimed on a 2026 return filed in 2027. The enacted statute, RSMo 143.121.3(14)(a), is unambiguous: the subtraction applies "for all tax years beginning on or after January 1, 2025." This record follows the statute.