Home -> Law Blog Directory -> Taxation & Estate Planning Blogs -> Rubin on Tax
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Taxation & Estate Planning
: Rubin on TaxIRS CONFIRMS PRECIOUS METAL ETF'S CAN GENERATE COLLECTIBLES GAINS
By Charles Rubin
The IRS has recently released a 2008 Chief Counsel Memorandum that confirms that as far as it is concerned, if the ETF is structured as a "trust" for income tax purposes and the fund purchases physical metal, then the gain will be collectibles gains, and thus long term gains will be subject to the 28% maximum rate.
Interestingly, in earlier private letter rulings (PLRs 200732026 & 200732027), the IRS adopted a somewhat contrary opinion when it ruled that the acquisition of shares of a publicly traded investment trust invested in gold or silver by either an IRA or an individually-directed account under a qualified retirement plan would not be considered the prohibited acquisition of a collectible under Code Section 408(m)(1).
Office of Chief Counsel Memorandum, CC:ITA:B01:LAAyres, May 2, 2008
Full post as published by Rubin on Tax on July 25, 2009 (boomark / email).
Gulf War Syndrome
Panel Confirms it's Real, and Identifies Causes
SIGG Admits to Trace BPA in Metal Water Bottles
SIGG Admits to BPA in Metal Water Bottles
Pottery Barn
Recalls Kids Metal Water Bottles
DePuy Metal Hip Replacement
alleging defective product recall of ASR hip implant for health reasons.

Metal-on-Metal Hip Replacements Failing, Triggering Complications for Patients
"We Play Heavy Metal Because Our Lives Are Heavy Metal."
US Patent 7591897 - Low temperature rapid synthesis of metal oxide nanowires
Gold Prices at Record Levels in UK and Eurozone
Metal detectors at the Aguirre Center
"Survey Confirms That Social Networking Gains Traction With Lawyers"
CRS: The Economic Effects of Capital Gains Taxation
New Jersey Couple Sues Metal Bat Manufacturer








