How much gold can you buy in cash without and with PAN, Aadhaar proof? (2024)

Synopsis

Many people are inquiring from jewellers about buying gold from the withdrawn Rs 2000 banknote. However, not many people are aware of how much gold can be bought in cash. Further, when does KYC rules for buying gold jewellery kick-in under the PMLA Act. Read on to know more about it.

How much gold can you buy in cash without and with PAN, Aadhaar proof? (1)Getty Images

The festive season is upon us and it is the time that many of us buy precious metals such as gold and silver. It is considered auspicious to buy gold and silver during Dhanteras, Diwali and Akshaya Tritiya. With 24Karat gold prices hovering around Rs 60,000 per gram, it is prudent to know the rules and regulations for buying gold jewellery.

The government has made the rules governing buying of gold with cash stricter by bringing the gems and jewellery sector under the Prevention of Money Laundering Act (PMLA), 2002. The government issued the notification on December 28, 2020 in this regard. Jewellers have been made reporting entities under the PML Act which requires them to comply with KYC norms (i.e., asking for PAN or Aadhaar of the purchaser for cash transactions above specified limit) as well as report large value cash transactions i.e., of Rs 10 lakh and above to the government. In recent years, the government has also tightened the rules related to cash transactions under the Income Tax Act, 1961. This includes TDS on cash withdrawals exceeding specified limits from bank accounts, the maximum amount of cash transaction that can be done in a single day between two persons and so on.

Therefore, how much gold can one buy in cash without having to mandatorily produce PAN or Aadhaar at the time of the transaction? Further, what is the maximum limit on cash transactions as per the income tax laws?

Cash transaction limits under income tax laws
Income tax laws do not permit transactions in cash above a specified limit. Section 269ST of the Income Tax Act prohibits cash transactions exceeding Rs 2 lakh in a single day, in aggregate from a person in a day or in respect of transactions relating to one event or occasion from a person. Thus, if you buy gold jewellery in cash for an amount exceeding Rs 2 lakh in a single day, then you will be violating the income tax law. The receiver of the cash in such a transaction would become liable to pay a penalty of the amount transacted in cash as per Section 271D of the Income Tax Act.

Here is an example to understand. Suppose an individual buys gold jewellery of Rs 4 lakh in cash. As the amount of transaction exceeds Rs 2 lakh as mentioned in Section 269ST, hence, penalty will be applicable under Section 271D. The penalty amount will be equivalent to the amount of the cash transaction. In the above example, presuming a cash transaction of Rs 4 lakh took place, the receiver of the cash i.e., the jeweller will be liable to pay a penalty of Rs 4 lakh. As the penalty will be paid by the receiver of the cash, hence, jewellers will be unwilling to undertake cash transactions exceeding Rs 2 lakh.

To buy gold jewellery of over Rs 2 lakh PAN/Aadhaar is must

Stuti Galiya, Partner of law firm Khaitan & Co says, "Furnishing PAN details for gold purchase is mandatory for transactions valued at Rs. 2 lakh and above under Rule 114B of the Income Tax Rules of 1962. Thus, if you make a gold purchase of more than Rs 2 lakhs per transaction, irrespective of the mode of payment (cash or electronic), it is mandatory to provide PAN details to the jewellers."

The PMLA rules also make the PAN or Aadhaar mandatory for transactions exceeding the certain specified threshold.

Galiya says, "PAN/Aadhaar is mandatorily required in case of all transactions exceeding Rs 2 lakh. From a practical perspective, jewellers not receiving cash of more than Rs 2 lakh from a single person when selling gold jewellery are in compliance with the existing provisions of the Income Tax Act and will not be covered under the December 2020 PMLA notification (unless where the jeweller believes the transaction to be suspicious). Do note that some companies and jewellers have their own internal additional protocols for establishing customer's identity."

Meghna Mishra, partner of law firm Karanjawala & Co. says, "The PMLA rules allow an individual, provided they undergo KYC compliance, to conduct high-value cash transactions. An individual buying gold jewellery of Rs 2 lakh and above is required to provide either PAN or Aadhaar - even if the payment is made electronically. However, Section 269ST of the Income Tax Act prohibits an individual to undertake cash transactions exceeding Rs 2 lakh. Hence, no KYC compliance is necessary if the transaction (cash or electronic) is less than Rs 2 lakh."

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( Originally published on May 23, 2023 )

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How much gold can you buy in cash without and with PAN, Aadhaar proof? (2024)

FAQs

How much gold can I purchase with cash? ›

The limit on cash transactions as per the Income Tax Act, 1961, is ₹2 lakhs. If there are any other specific cash limits set by jewellers or gold sellers in your area, you can directly verify them in person.

How much gold can a US citizen legally own? ›

Today, there are no specific limits on how much gold a person can own in the U.S. Whether it's bullion, coins, or jewelry, you can buy, own, and possess as much gold as you like. The only restrictions may come from reporting requirements if you simultaneously buy or sell large amounts of gold.

How much gold can a person own in India without bill? ›

Married women can possess up to 500 grams of gold, while unmarried women have a limit of 250 grams. In contrast, the limit for men is restricted to 100 grams of gold, reflecting variations in statutory guidelines concerning individual gold ownership.

Does the IRS know when you buy gold? ›

Purchasing precious metals is typically done with cash, money orders, or cashier's checks. The dealer must use IRS form 8300 to disclose the transaction if it exceeds $10,000.

Is it OK to buy gold in cash? ›

You can purchase gold in any amount using cash. However, if your purchase exceeds $10,000 in value using cash or its equivalents, you must complete Form 8300. This form asks for essential details like your name, address, and social security number.

Can you buy physical gold with cash? ›

In Person. Some investors prefer to buy gold from local dealers, allowing them to inspect the gold and pay for it in cash physically. However, local dealers tend to have higher prices than online retailers while having a smaller selection.

How much gold can one person own in India? ›

Technically, there is no limit up to which one can own gold jewellery or ornaments in India. However, married women In India can keep up to 500 grams of gold jewellery and ornaments, without any proof, according to an income tax notification dated May 11, 1994.

What is the tax on gold in USA? ›

This is called the capital gains tax. And since gold is an investment asset, when you sell your gold and make a profit it is taxed as capital gains. Though, depending on how you held your gold, you will either have to pay taxes at the ordinary capital gains rate or at a general rate of 28%.

How much gold will $10 000 buy? ›

Gold Coins: Assuming an average premium of 5% to 10% over the spot price, you can purchase around 4.5 to 4.7 troy ounces of gold coins with your $10,000. Gold Bars: With lower premiums, possibly around 2% to 5%, your $10,000 could buy you closer to 4.8 to 4.9 troy ounces of gold in bar form.

What are the new rules for gold purchase in India? ›

April 1, 2023 onwards all gold jewellery and artifacts will need to mandatorily carry a 6-digit alphanumeric HUID or Hallmark Unique Identification. This number will help consumers trace the gold jewellery back to its jeweller and also help check its purity.

How much gold is not taxed in India? ›

Guidelines on Gold Jewellery Possession in India
ParticularsLimit per person
Married women500 gms
Unmarried women250 gms
Men100 gms
Feb 17, 2024

How much gold jewellery can I carry to USA from India? ›

First things first, there's no limit to the amount of gold jewelry you can bring into the US. However, if the value of the gold coins or currency exceeds $10k, you'll need to fill out a FinCen105 form with US Customs and Border Protection. What's the customs duty for importing gold from India to the USA?

Why is it illegal to own gold in USA? ›

The stated reason for the order was that hard times had caused "hoarding" of gold, stalling economic growth and worsening the depression as the US was then using the gold standard for its currency.

Why do you need ID to buy gold? ›

Yes, it is normal for a shop that buys and sells gold to ask for identification when you sell them gold. In fact, it's a common practice in the gold buying and selling industry to ask for identification in order to prevent illegal activities such as money laundering.

Can you buy gold anonymously? ›

The only way to buy gold anonymously is to shop local, dish out cash, and avoid gold quantities or coin types that require IRS reporting. Still, you might be able to find a private seller through a trusted local dealer network. You could also visit a local jewelry store to shop the weekend sale.

How much gold can you buy for $10000? ›

Gold Coins: Assuming an average premium of 5% to 10% over the spot price, you can purchase around 4.5 to 4.7 troy ounces of gold coins with your $10,000. Gold Bars: With lower premiums, possibly around 2% to 5%, your $10,000 could buy you closer to 4.8 to 4.9 troy ounces of gold in bar form.

Can you buy gold with $100? ›

While these are extensively traded, you can choose lighter gold wafers that are 1 gram or less in size for US$100 or less. All the leading mints offer small-sized gold bars, you can choose from varieties offered by Pamp Suisse or Perth Mint.

Can you take gold to a bank and get cash? ›

That being said, in the United States, most banks will not buy precious metals, including gold. You may have some luck at commercial banks, but any savings or cooperatives will be unlikely to offer this type of service to investors. Some Central Banks will allow customers to sell gold bars or coins, but not all.

Is it better to own cash or gold? ›

Is it better to hold gold or cash? For short-term needs, cash is better due to its unmatched liquidity. For long-term buy-and-hold investments, gold is preferable to protect against inflation and provide portfolio diversification.

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