Originally Posted by
unknownk
Try taking gold worth over $10K to any airport in the US on a flight going outside the country, you will be searched and detained until the local IRS agents come. I can paypal funds to anybody in the world under $10K a shot and nobody will even notice.
Actually try taking $10k worth of paper money out of the US. Matter of fact, try flying outside the US, or into the US with anything worth more than $10k and you have to declare it. But suggesting that you will be searched and detained by the IRS agents is just plain wrong. The IRS are not government agents to start with, if you are transporting large amounts of cash, and there were any question, it would be customs or ICE that would detain and do the preliminary investigation, with the Secret Service or possibly the FBI being contacted after, but not the IRS.
I can ship $10k or $100 million for that matter, worth of any precious metal to anywhere that there is not a trade embargo against, in the world without issue so long as I have the proper paperwork for. However, if you attempt to paypal someone over 9,999.99 you will not only be flagged for review by the IRS, but if you do it more than a few times you will probably also be investigated.
Even when I worked for United Air Lines, I used to see Americans detained for not declaring the amount of cash they were bringing into or leaving the country with. I worked at the International terminal, outside, on the ramp and used to watch Customs literally walk their dogs OVER the bags as they were laid on the moving belt that transported them to inside the terminal, they would sometimes find contraband, or in many cases, money well in excess of $10k, the dogs would actually smell it. They would confiscate the contraband or cash and deal with the owners in whatever way they were suppose to.
I can promise you that I can ship well over $10k worth of gold with far less hassle than I can fly somewhere with $10k worth of cash and legally declaring it. Matter of fact, if you want to get technical, it is the same exact paperwork you have to fill out if you are transporting $10k worth in money or $10k worth in jewelry you are wearing. Yet it's far easier to walk around with a $20k gold watch than it is with $10k worth of $100 dollar bills.
Originally Posted by
unknownk
"In practice, if you're a US Citizen taking your own bullion OUT of the US, and its current value is more than $10k, expect to be detained at the airport and heavily questioned (and threatened) by the IRS... and don't be surprised if they audit you for the next 10 years. Under new US tax laws/IRS regulations, taking ANY assets out of the country is considered prima-facie evidence of tax-evasion."
Again you are wrong, the IRS might scrutinize you financial information, if you do not properly declare what you are leaving the country with, but it's Customs or ICE, the FBI or Secret Service that will be investigating you. The IRS is not part of the DOJ. Please consider this:
The IRS is a government corporation created by the Secretary of the Treasury pursuant to a congressional statutory grant of authority (see specifically IRC § 7801). The IRS is not an agency of the United States Government but it is declared by statute to be a federal agency of the United States. The United States Government was created by the Constitution as a central government representing the interests of the several States. Congress, however, is delegated authority over its territory and other property, i.e., the United States, pursuant to Art. 4 § 3(2), Congress' power to make "all needful rules and regulations" over its territory, i.e., United States' property or real estate. Acting in this capacity, Congress is not acting as a central government for the several States but is acting in the capacity as a state legislature over its territory and other property. The federal income tax is not pursuant to Art 1 § 8(1) but Art. 4 § 3(2). The Secretary in IRC § 7805 is delegated the authority to enforce Title 26 with "all needful rules and regulations." The Commissioner has only the authority the Secretary delegates to him as he is an inferior or subordinate public officer. No authority to enforce the internal revenue laws is delegated to him by statute. A Treasury Order specifically names the Commissioner to be the Chief Executive Officer of the IRS. The IRS is a government corporation which administers taxes laid within United States' territories and insular possessions and upon those who are subject to Congress' Art. 4 § 3(2) legislative jurisdiction, i.e., the "citizen of the United States" wherever resident.
So long as you properly document and claim what you are taking out of the country, filling out all the required paperwork prior to leaving the country, you can transport gold as a private citizen. You can ship large quantities of gold if you are a business and transporting or shipping outside the country. The key is to make sure you are doing everything legally, but if so, there is nothing to prevent you from doing so. The laws you are trying to insinuate would prevent someone from doing what you suggest, pertain only to people who do not declare their valuable items or cash, and are trying to leave the country with them so as to evade taxes. The difference is fairly clear and easy to understand.
So you are totally off base when you claim that taking ANY assets out of the country is evidence of tax evasion.
I am enjoying this thread and all the debate, but please keep the facts, facts and not state things as being true when they are not. If we keep this thread honest, we might find that it produces some valuable and accurate information that people can rely on. I for one have learned a bit already.
And just another thought for you to mull over. If I wanted to keep a large amount of any precious metal off shore, there are more ways of doing so than there are ways of moving cash. Because spot prices are the same all over the world, I could simply sell my gold here in the US, and buy gold somewhere else, and could do so using a banking instrument like a letter of credit, and could use my letter of credit like a loan which would enable me to claim the interest against my taxes at the end of the year. Or, as a business, I could start an amex account and simply deposit my gold into my amex account, and withdraw the same amount in physical form wherever in the world I wanted to.
Scott
Bookmarks