Guess it depends on the definition of "bullion". In Australia the ATO has a definition which affects the GST status, AUSTRAC has a different defintion which affects the AML/CTF status, and they don't exactly match.
For the ATO, there's a pretty widely known set of characteristics that specify whether something is or is not "precious metals for investment purposes", which are related to recognition and purity.
http://forums.silverstackers.com/to...ly-for-a-private-gst-ruling-from-the-ato.html
GSTR 2003/10 said:
Summary of what is in an investment form
29. To summarise the above, for gold, silver or platinum to be in an investment form for the purposes of the GST Act, it must be in a form that:
is capable of being traded on the international bullion market, that is, it must be a bar, wafer or coin;
bears a mark or characteristic accepted as identifying and guaranteeing its fineness and quality; and
is usually traded at a price that is determined by reference to the spot price of the metal it contains.
Section 40-100 - Precious metals said:
Under section 13-5 of A New Tax System (Goods and Services Tax) Act 1999 (the GST Act), you make a taxable importation if you import the goods for home consumption. However, the importation is not a taxable importation to the extent that it is a non-taxable importation.
An importation of precious metal will be a non-taxable importation if it would have been a supply that was GST-free or input tax if it had been a supply.
Unless the importations of precious metal meet the requirements below, they will be taxable importations.
GST-free supply
Under section 38-385 of the GST Act, the first supply of precious metals after its refining by the refiner, or on behalf of the supplier will only be GST-free if the recipient of the supply is a dealer in precious metals.
As defined under section 195-1 of the GST Act, precious metal means:
(a) gold (in an investment form) of at least 99.5% fineness; or
(b) silver (in an investment form) of at least 99.9% fineness; or
(c) platinum (in an investment form) of at least 99% fineness; or
(d) any other substance (in an investment form) specified in the regulations of a particular fineness specified in the regulations of at least 99.5% fineness.
No regulations have been made to specify any other substance.
To be precious metal for the purposes of GST, the metal must therefore be gold, silver or platinum.
A dealer in precious metal means an entity that satisfies the Commissioner that a principal part of carrying on its enterprise is the regular supply and acquisition of precious metal.
A refiner of precious metal means an entity that satisfies the Commissioner that it regularly converts or refines precious metal in carrying on its enterprise.
The expression 'in an investment form' means the metal must be in a physical form that is capable of being traded on the international market by entities which trade in such a market. Bullion coin is only traded in for the metal value at the prevailing spot price.
Input taxed supply
Section 40-100 of the GST Act provides that a supply of precious metal as defined in section 195-1 is input taxed. If a supply is input taxed, then no GST is payable on the supply, and there is no entitlement to an input tax credit for anything acquired or imported to make the supply.
Money and other things
Subsection 9-10(4) of the GST Act states that a supply does not include a supply of money unless the money is provided as consideration for a supply that is a supply of money.
Section 195-1 of the GST Act, defines money to include currency but does not include:
a collector's piece, or
an investment article, or
an item of numismatic interest, or
currency the market value of which exceeds its stated value as legal tender in the country of issue.
Money includes Australian and foreign currency notes and coins and a supply of these things do not constitute a supply where they are supplied as currency in the form of payment to discharge an obligation. It is a financial supply and input taxed as described in Sub-regulation 40-5.09 (3) item 9 of the GST Act.
Where money is supplied as an item of numismatic interest, collector's piece and investment article, this is a supply of goods and generally is a taxable supply where it satisfies section 9-5 of the GST Act. Where it satisfies the definition of precious metal, it is an input taxed supply.
For AUSTRAC, they don't give a rats about the GST status, but they do care about the purity - anything over 9166 fine (which is 22k if gold) is bullion in their eyes, whereas the ATO only considers it "precious metals for investment purposes" if it's over 995 purity. I guess a little known technical loophole is that sales over $5000 of 1966 50c rounds may not be a designated service (but still liable for GST as they don't meet the ATO's fineness requirements). I don't know of any dealers that give this exemption though. Similarly though sales of over $5000 in Back To The Future proofs would not be a designated service, so no ID, but definitely a GST event.
http://www.austrac.gov.au/definitions-and-examples-common-designated-services#bullion
AUSTRAC said:
What is 'bullion' for the purposes of the AML/CTF Act?
The term 'bullion' is used in a commercial context in the AML/CTF Act. AUSTRAC considers the following definition of 'bullion' is appropriate for the purposes of the AML/CTF Act:
'Bullion' means gold, silver, platinum or palladium authenticated to a specified fineness in the form of:
bars, ingots, plates, wafers or other similar mass form; or
coins
that trade at a price determined by reference to the market value of the constituent metal and the authenticated fineness of the item.
'Authentication of fineness' (also known in the industry as 'assaying') means a commercially acceptable hallmark, stamping or another means of authenticating the base form of an item.
Which metals and metal variants are not considered to be bullion for the purposes of the AML/CTF Act?
AUSTRAC does not consider platinum group metals (other than platinum and palladium) comprising iridium, rhodium, osmium and ruthenium to be bullion. These metals are used predominantly for industrial purposes, rather than for trade-based investments.
AUSTRAC does not consider 'collector', 'proof' or other coins traded for their numismatic (that is, their inherent value as a collectible coin), commemorative or rarity value to be bullion.
AUSTRAC also does not consider granules to be 'bullion', because by definition granules cannot bear a means of authentication of fineness.
Is the sale of 'collector coins' a designated service?
Generally, AUSTRAC does not consider a 'collector' or 'proof coin' to be bullion because its value is determined based on qualities such as rarity and condition, rather than its precious metal content.
However, if the price of a collector or proof coin is determined by reference to the value of its precious metal content, then it may be a bullion coin (depending on the level of purity of the metal). If such collector or proof coins (determined by reference to the value of the precious metal content) are purchased or sold in the course of carrying on a business, this activity will be a designated service and the purchaser or seller of such a bullion coin will be a reporting entity under the AML/CTF Act.
What are 'bullion coins'?
A 'bullion coin' has a precious metal purity of at least .9166, and is traded at a value principally determined by reference to the market value of the constituent metal.
Does the AML/CTF Act only apply to businesses that trade bullion as their primary business?
Under the AML/CTF Act, buying or selling bullion in the course of 'carrying on a business' is a designated service, even where the primary business is not a bullion trading business (for example, mining companies or refiners who also sell or purchase bullion).
Is a person who facilitates the buying or selling of bullion by introducing a buyer or seller a reporting entity?
A person may facilitate the buying and selling of bullion by introducing a potential buyer to a seller or transporting the bullion from the seller to the buyer. AUSTRAC does not consider these activities to be designated services under items 1 and 2.
However, if ownership of the bullion passes through the person and they make or receive payment in return for receiving or giving up ownership, then that person may be buying or selling bullion.
Is purchasing or selling bullion in a personal/private capacity a designated service?
A purchase or sale of bullion that is done in a personal capacity is not a designated service.
As a dealer we run into this issue occasionally - for example when the 2015 Pandas were minted, they lacked any weight or purity marks, which created concern that they did not pass the "bears a mark or characteristic accepted as identifying and guaranteeing its fineness and quality" test - however the ATO issued a private ruling stating that the "characteristic" test was passed as they were a legal tender silver coin that dealers would recognise as being of a published weight and purity, so if a dealer accepted that the 10 marking and correct dimensions identified the coin as a 1 troy ounce 999 fineness silver coin, then the characteristic test was passed. This kind of supports the case for ASEs to be GST free, even though they only say "FINE SILVER" with no specified purity. Gold eagles on the other hand fail the purity test, so they are a GST item - but they're not really collectible are they, they are the most heavily traded gold investment coin in the world. But as far as the ATO is concerned, not pure enough, therefore GST applies.
Other questions get raised over things like the value of Perth Mint kookaburras that often sell at premiums well over spot. I've discussed this within the industry - the consensus is that if an item was created as an "input taxed supply" as these coins are, then they get sold as input taxed supply, as long as they still meet the test "is usually traded at a price that is determined by reference to the spot price of the metal it contains". This does not mean "traded at or near spot", but "traded in reference to spot". The Perth Mint at time has sold Kookaburras, GST free, at a premium higher than spot. GST was introduced in Australia on 1st July 2000, and until a few short years ago, Kookaburras were always sold at $10 AUD over spot, and have always been sold GST free. See
http://www.perthmint.com.au/investment_invest_in_gold_precious_metal_prices.aspx - at EOFY, silver have ranged in value from $6.80 to $9.28 AUD - while the premium was $10, so for five years or so, The Perth Mint likely sold Kookaburras at a price at least double spot, without GST. So if a government owned mint has a track record of selling GST free silver coins at a premium of almost 150% of spot, then I don't think there's an issue with high priced silver bullion coins being sold GST free, particularly if they originated as input taxed supply. If they were to be sold at a fixed price however, then you lose the "reference to spot" characteristic, and they would be GST items.
Bit of a sidetrack, but to bring this post back onto answering the original question of what makes a bullion round collectible, I would look to the following tests as a dealer in precious metals to determines whether I need to charge GST or not, which for me as a dealer is the commercial test of "investment form or not", which almost, but not quite, correlates to "collectible or not".
1. Is it a proof? Then yes, collectible, requires GST.
2. Is is below the ATO's purity requirements? Then not an investment form in the eyes of the ATO, and requires GST.
3. Is it below AUSTRAC's purity requirements? Then not an investment form in the eyes of both ATO and AUSTRAC, requires GST, but may be a non-designated service.
4. Is it part of a set? Not a definitive test - Perth Mint has the Lunar series, from which sets can be created, yet these are GST free.
5. Is it sold in original packaging beyond a basic sleeve/capsule and COA? Yes, it's a collectible - if an otherwise bullion coin comes in a clamshell or presentation box, regardless of the finish, it's a collectible.
6. Is it sold at a fixed price? Not definitive, depends if the "fixed" price gets updated as spot moves - a dealer that advertises a 1oz silver coin at $30 when spot is fluctuating around $20, but adjusts the price up or down relative to spot occasionally (say only every $2 in spot movement) could argue that they are selling "relative to spot" with a slow update interval, but a 1oz silver coin that is advertised at $50 flat price when spot is $20 or $16 or $24 and never changes the price is a collectible, and likely should have GST charged. There's nothing that says prices have to be floated against market spot that's less than 1 minute old etc, that has only arisen because of the internet and competition. Once upon a time gold and silver were simply priced according to the latest fix price that might be hours old, and that was the price for the day.
7. Is the mintage limited up front? Not a definitive test - Perth Mint regularly limits the mintage of GST free bullion coins such as 1oz gold and silver lunars, and 1oz Kookaburras. But if the mintage was extremely low, resulting in a lack of market recognition, was this deliberate? Mintage could be low because of lack of demand (like any of the rare Perth Mint lunar coins, some have mintages in the hundreds or even fewer), but if the mintage was deliberately restricted to a quantity that could not allow reasonable trade as a bullion item, and was hyped as a marketing point, then that would make the item collectible, and require GST. But if the mintage is tiny as a result of market forces (i.e. demand did not warrant subsequent mint runs) then that's not an intentional restriction, and in my mind would not make it automatically GST eligible. So this is a question of intent - was the upfront limited mintage created because of production scheduling ("ok, so we'll knock out 300,000 Lunars, that should be enough for the market, and then we can meet any remaining demand with unlimited Koalas") or to deliberately create rarity ("ok, we'll only knock out 500, people will fall over themselves to buy them")?
8. Marketing - is the item marketed as a collectible? One could argue this applies to almost every bullion coin and round as dealers need to market product - but if the coin or round is not "generally available" for investment purposes, and is only sold as a hyped collectible, then it probably falls into the collectible category. Think Silver Bullet Silver Shield - hyped as a collectible series by the creator, but sold by the fabricating mint as a bullion item, and readily available in bulk tube/monster box quantities at bullion prices, so not a collectible from a GST perspective - it was still generally available for bullion investment purposes, and still circulates today as "bullion" rounds - I know we've sold plenty of buybacks through our low premium category, they're just another 1oz silver round to turn over. If they had been artificially limited and promoted as an item to buy just 1 of (e.g. through dealer restrictions), then they would be in a very grey area. Proofs for example were sold with GST - these had a number of characteristics as collectibles with limited mintage, proof finish, display box packaging, certificates, limited distribution, fixed pricing - but the bullion rounds of the same design were unlimited mintage and sold for normal bullion premiums.
9. Is the margin over spot excessive? Not a definitive test - see the Perth Mint's $10 over spot Kookaburra example. As long as it moves "in reference" to spot, then no, not likely a collectible.
10. Is the item already being sold elsewhere with or without GST? Generally the industry follows a bit of group think here - if the widespread consensus is that the item is being sold without GST, then it's not a collectible, it's bullion.
The trouble with all of these tests is that many are subjective. If someone came to me with an otherwise bullion round in a clamshell and COA with an upfront fixed mintage at a fixed price, I would call it a collectible - if someone came to me with exactly the same design, but as a high volume mintage bullion round available in bulk without the packaging for spot plus X, then it's not a collectible. Anything in between is subjective. Note that not once does the design or legal tender status of an item come into question in determining the GST status of an item - thousands of different design bullion rounds have been an internationally recognised investment form, particularly for silver, for many decades.
A particular case I can think of recently - RCM's "$20 for $20" coins - these are 9999 silver coins in a capsule with COA, with mintages of 200k to 350k. Set weight and purity, readily available - but there are GST implications. They are sold at a price NOT in reference to spot - they have a fixed face value of $20 CAD, and a silver content value much lower - RCM sells the coin for $20 CAD. So they fail solely on "in reference to spot" test, and they would need to be sold with GST in Australia. An alternative way of "selling" these coins would be as a foreign exchange transaction with a commission - so the price would be a variable price in AUD depending on the AUD/CAD exchange rate, and the dealer's markup would be the "FX commission" - this would generally mean GST only on the FX commission component. But forex is it's own AUSTRAC designated service with it's own set of rules and regulations, so unless a bullion dealer is also a registered forex dealer, they cannot treat selling them as a foreign exchange transaction. So they fall under the collectibles heading from a bullion perspective, and are slugged with GST.