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Posts Tagged ‘gold and silver coins issued by the federal government’

4th April 2011

It recently came to this blogger’s attention that the Governor of the State of Utah has signed legislation which would recognize gold and silver as legal tender for intrastate transactions. To quote directly from the Constitutional Tender Blog, but initially found by this blogger on the website DGCMagazine.com:

On Friday, March 25th, Gov. Gary Herbert signed HB 317, the “Utah Legal Tender Act,” into law.

The law recognizes gold and silver coins issued by the federal government as legal currency in the state. The coins do not replace the current paper currency, but may be used and accepted voluntarily as an alternative.

The administration of this blog highly recommends that readers click on the hyperlinks above to read this article in its entirety as it can provide very valuable insight into this evolving issue.

This notion of something akin to an “alternative currency system” has been discussed in the context of State legal tender reform in many American States recently, but there are two notable jurisdictions that have taken proactive steps to enact legislation which would allow usage of gold and silver in an intrastate context. One of these states is Utah while the other is Virginia. It is this blogger’s understanding that as of the time of this writing the State of Virginia has yet to enact similar legislation although it remains to be seen whether such legislation will actually see passage.

One interesting aspect of this issue involves the ramifications for financial institutions in the State of Utah. The aforementioned article went on to point out:

The law exempts the sale of gold and silver coins from the state capital gains tax, since you would simply be exchanging one form of legal tender currency for another. It also calls for a committee to study alternative currencies for the State and a means for Utahans to pay their taxes with gold and silver coins.

Gold and silver coins issued by the federal government are already legal tender, of course, and can be used to purchase items and pay debts owed. However, they could only be used at the face value of the coins — which is ridiculously lower than the value of the precious metal content of the coins. If you were to use them at the actual value of the coins, you would face a capital gains tax on the “profit” you gained over the face value.

Clearly, the provisions of this act could have a significant impact upon the economies of the State of Utah, the United States Federal government, and Greater North America. Bearing this in mind the reader is encouraged to consider the possible reverberations of this legislation in a global context as the promulgation, passage, and enactment of this bill, and possible similar future legislation in other American States; could prove to be tremendous for jurisdictions such as Thailand, China, and the Association of Southeast Asian Nations (ASEAN). The overall long term effect of this legislation remains to be seen, but this is definitely something that could have an impact upon the business environment in the United States and elsewhere.

Those interested in receiving an in-depth legal analysis of the issues associated with legal tender reform in Utah are highly encouraged to contact a licensed attorney in Utah. The administration of this blog reminds readers that it is always prudent to ascertain the credentials of anyone claiming to be a licensed lawyer in any jurisdiction.

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