The Collectibles Trap: Why Your Gold ETF Is Probably Taxed at 28% Too
The most common plan for escaping the 28% collectibles rate on gold — "I'll just hold the ETF instead" — usually does not work, because the largest metal ETFs are grantor trusts and the tax follows the metal through the wrapper. Here is how each wrapper is actually taxed, with the same $20,000 gain computed across all of them.
Published · Updated · 9 min read
Key Takeaways
- GLD, IAU and SLV are grantor trusts: for tax purposes you own a pro-rata share of the metal itself, so the 28% collectibles cap applies to the ETF exactly as it does to coins in a safe.
- On the same $20,000 long-term gain in the 32% bracket, a grantor-trust ETF costs about $6,360 in federal tax with NIIT — while a wrapper taxed at standard long-term rates costs about $3,760. Same exposure, $2,600 apart.
- Certain closed-end trusts such as PHYS and PSLV can qualify for standard long-term rates — but only via a timely PFIC election that has real conditions, paperwork and deadlines. It is not automatic.
- Futures funds set up as partnerships sit under a different regime again: 60/40 treatment with an annual mark-to-market, which taxes you on gains you have not sold. “No K-1” futures funds pay ordinary dividends instead.
- None of this ranks the wrappers. It says the tax treatment was decided the day you chose the vehicle — so it deserves the same attention as the expense ratio.
When investors learn that physical bullion is taxed as a collectible — long-term gains at the ordinary rate capped at 28%, as we covered in the plain-English guide — a common reaction is a workaround: hold the ETF instead, and get the 15% or 20% rates that stocks enjoy. It is a perfectly reasonable idea, and for the most widely held products it is wrong. This article walks through why, wrapper by wrapper, and computes the same $20,000 long-term gain across each of them so the differences stop being abstract. All prices in this article are quoted in US dollars (USD) per troy ounce. This is educational material about how the rules work, not tax advice.
Why the Wrapper Usually Fails: Grantor Trusts
The largest physically-backed metal ETFs — GLD, IAU and SLV among them — are organised as grantor trusts. A grantor trust is transparent for tax purposes: the law treats each shareholder as directly owning a proportionate share of what the trust holds. The trust holds bullion, so you hold bullion. When you sell the shares at a gain after more than a year, the gain is a long-term gain on a collectible, capped at 28%, exactly as if you had sold coins from a safe. The brokerage account, the ticker and the instant liquidity change the experience of owning gold; they do not change what you own.
There is a second, smaller consequence of the same structure that catches people at filing time: grantor trusts sell tiny amounts of metal through the year to pay fund expenses, and each of those sales passes through to shareholders as a miniature disposal that technically belongs on your return. The amounts are small; the bookkeeping is real. The fund publishes a tax reporting statement each year with the figures, because the sales are often not on your Form 1099-B.
The Same Gain, Four Ways
Here is a $20,000 long-term gain for an investor in the 32% bracket who owes the 3.8% Net Investment Income Tax, computed with the same logic as our tax calculator. The exposure is identical in every row; only the wrapper differs.
| Wrapper | Long-term federal treatment | Tax with NIIT | You keep |
|---|---|---|---|
| Physical bullion — coins and bars | Collectibles: 28% cap | 31.8% → $6,360 | $13,640 |
| Grantor-trust ETF (GLD, IAU, SLV type) | Collectibles: 28% cap — same as physical | 31.8% → $6,360 | $13,640 |
| Closed-end trust with a valid QEF election (PHYS, PSLV type) | Standard LTCG: 15% at this income | 18.8% → $3,760 | $16,240 |
| Mining equities or mining ETFs | Standard LTCG: 15% at this income | 18.8% → $3,760 | $16,240 |
$2,600 Federal Tax Difference on the Same $20,000 Gain. Between a grantor-trust ETF and a wrapper taxed at standard long-term rates, for a 32%-bracket investor with NIIT. The difference was determined the day the vehicle was chosen — years before the tax was due.
The Election Behind the PHYS Row
The closed-end row deserves its fine print, because it is the one place the table depends on the investor doing something. PHYS and PSLV are closed-end mutual fund trusts under Ontario law that have chosen to be taxed as corporations in the US, which makes them passive foreign investment companies — PFICs — in US tax law. The default PFIC regime is punitive. What rescues it is the Qualified Electing Fund election: a US holder who makes a timely QEF election on Form 8621, for a fund that publishes the required annual information statement, is generally taxed on a long-term gain from selling the units at standard capital-gains rates rather than the collectibles cap. Every clause in that sentence is a condition. The election must be made properly and on time, the fund must supply the statement each year, and a late election covers only the years after it unless the holder also makes a “purging” election, which taxes the earlier gain under the punitive rules. One more detail sits in the trusts’ own filings: each year an electing holder is taxed on a share of the trust’s gains from selling metal, and the annual information form says that share is taxable at up to 28%. For PHYS in 2025 it came to $0.28 a unit; for PSLV, nothing. Investors who buy the units assuming the favourable treatment happens automatically are assuming wrong.
Mining Stocks: Better Rates, Different Asset
Mining equities get ordinary equity treatment — the preferential long-term schedule and no collectibles complication — and dividends from US miners, or from foreign miners whose shares trade on a US exchange or that qualify under a tax treaty, get the qualified-dividend rates. The exception is a foreign miner that is itself a PFIC, as some junior explorers are. Purely on tax mechanics, the large miners are the simplest wrapper in the table. But the tax tail should not wag the asset-allocation dog: a mining share is a claim on a business with costs, management, jurisdictions and debt, not a claim on metal. Miners can fall while metal rises and vice versa. The comparison pages walk through the vehicle differences beyond tax; the point here is narrower — if you hold miners, at least the tax treatment is the one part that will not surprise you.
What the wrapper can change
- The federal rate on a long-term gain: 28% cap vs the 15/20% schedule
- Whether an election and annual paperwork are required to get the better rate
- Whether you are taxed annually on unrealised gains (futures funds set up as partnerships)
- What the fund reports to you and the IRS each year
What the wrapper cannot change
- Short-term gains: ordinary income at your full bracket, in every wrapper except the 60/40 futures funds
- The NIIT for higher earners — it applies across investment income generally
- Your state's treatment of the gain
- The need for acquisition dates and cost basis, which every wrapper still requires
If you already hold physical metal alongside paper exposure, the practical takeaway is to know which regime each position sits in before you sell anything — because as the worked scenarios in our gains article show, the rate difference on a large gain is real money. You can model your own bracket and holding period across vehicles in the tax calculator, and GoldSilverPortfolio Premium tracks physical lots with the acquisition dates and basis this entire subject ultimately runs on.
Sources and Methodology
The rules in this article were checked in September 2026 against the Internal Revenue Code, IRS guidance, the funds’ own legal filings and independent tax commentary. Two researchers worked independently, one starting from the fund documents and one from the law and independent commentary, and their findings were compared. The four-wrapper table is our own arithmetic, with the same logic as our tax calculator. This revision, on 26 September 2026, corrected the description of PHYS and PSLV, the futures-fund box and the note on mining shares; the table did not change.
Conflicts of interest: several sources are fund sponsors or managers describing their own products — State Street (GLD), iShares (IAU and SLV), Sprott (PHYS and PSLV), Invesco and ProShares. Where a manager’s documents disagree, as Sprott’s tax guide and its annual information form do on the rate for the trust’s yearly gains, we follow the legal filing. GoldSilverPortfolio has no commercial relationship with any fund named here; it sells TaxStack, its Premium tool.
Primary sources
- Internal Revenue Service, Office of Chief Counsel — PMTA 2008-01809, “Exchange Traded Funds Invested in Metal” (2 May 2008): investors in a metal ETF treated as a trust are treated as owning, and selling, the metal
- Internal Revenue Service — Publication 550, “Investment Income and Expenses” (2025): collectibles gain; Section 1256 contracts; qualified foreign corporations and PFICs
- Internal Revenue Service — Instructions for Form 8621 (Rev. December 2025): the QEF election, late elections and the purging election
- SPDR Gold Trust — Form 10-K for the year ended 30 September 2025 (filed 25 November 2025): a grantor trust; long-term gain taxed at a maximum 28%
- iShares Gold Trust and iShares Silver Trust — Forms 10-K for 2025 (filed 27 February 2026): the trust’s sales of metal to pay expenses are taxable to shareholders
- Sprott Physical Gold Trust — Annual Information Form (13 March 2026, exhibit to Form 40-F): an Ontario mutual fund trust classified as a corporation in the US; the rate on electing holders’ share of the trust’s gains from selling bullion
- Sprott — “Sprott Physical Bullion Trusts 2025 Tax Guide for U.S. Investors” (March 2026), and the PHYS and PSLV PFIC Annual Information Statements (18 February 2026)
- Invesco DB Precious Metals Fund — prospectus (26 August 2026): Section 1256 gains passed through to shareholders each year
- ProShares Trust II — prospectus (27 March 2026): swap agreements are generally not Section 1256 contracts
- The Tax Adviser — “Tax planning for exchange-traded funds” (31 July 2026): gains on selling futures-fund shares follow the holding period
- US Code — 26 U.S.C. §§ 1(h), 408(m) and 1256, and the PFIC rules in §§ 1291–1298