Gold, Silver, and Platinum: Legal Titles and Hallmarks

All objects made of gold, silver, or platinum sold commercially in France must comply with the statutory purity standards (titres légaux). The purity — the quantity of fine metal per thousand parts of the alloy — is expressed in thousandths (millièmes) and must meet one of the legally prescribed thresholds (CGI Art. 521 and 522). Legal standards: Gold: 999‰, 916‰, 750‰, 585‰, and 375‰. Only objects with at least 375‰ gold content may be sold at retail under the designation "or" (CGI Art. 522 bis). Silver: 999‰, 925‰, and 800‰. Platinum: 999‰, 950‰, 900‰, and 850‰.

The hallmark system

Every object in a precious metal sold in France must carry two hallmarks (CGI Art. 523 and 524): a maker's mark and a guarantee mark.

Poinçon de maître
Diamond-shaped maker's mark. Contains the craftsman's initial and a personal symbol. Applied at completion of manufacture. Identifies the maker and establishes their responsibility for the declared purity.
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Poinçon de garantie — Or
Eagle's head for 18-carat (750‰) gold. Specific shape varies by purity tier. Applied by customs, an approved control body, or an authorised holder.
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Poinçon de garantie — Argent
Minerva's head for 925‰ and 800‰ silver. Specific design varies. Attests that the declared purity of the hallmarked object is confirmed.
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Poinçon de garantie — Platine
Dog's head for 950‰, 900‰, and 850‰ platinum. Each purity level has its own hallmark design.
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Poinçon de responsabilité
Applied to imported objects meeting a legal purity standard. Replaces the maker's mark for imported goods. Identifies the importer as the responsible party.
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Pre-1838 exemption
Antique pieces made before 1838 and post-1838 pieces already bearing old French guarantee marks are exempt from the current hallmarking requirement (CGI Art. 524 bis).

Objects bearing a purity hallmark applied by a body in another EU member state providing equivalent consumer information guarantees may be sold in France without further French hallmarking. Absent such evidence, French hallmarking is required before the object may be sold.

Professionals' obligations

All professionals holding precious metal objects must keep a livre de police (police register) of all purchases, sales, receipts, and deliveries (CGI Art. 537). Buyers of gold at the retail level must file an annual declaration of retail gold purchases with the tax authorities by 31 January of the following year (CGI Art. 1649 bis). For transactions above €1,000 with non-regular clients, identity verification is required under anti-money-laundering rules (C. mon. fin. Art. R 561-10).

The Tax Regime: Forfait or Ordinary Gains

Sales of precious metals, jewellery, and gemstones by private individuals are subject either to the forfait tax or, on election, to the ordinary capital gains regime for movable property.

The forfait tax

The default regime is a flat tax calculated on the gross sale price, regardless of whether a gain or a loss was made (CGI Art. 150 VI and 150 VM):

  • Precious metals (gold, silver, platinum as raw materials or objects not meeting the jewellery/art definition): 11% + 0.5% CRDS for French residents = 11.5% effective rate.
  • Jewellery, objects of art, collectibles, and antiques (including gemstone-set jewellery): 6% + 0.5% CRDS = 6.5% effective rate.

No minimum threshold applies to precious metals. For jewellery and objects in the art/antiques category, sales at or below €5,000 per object are exempt. Non-residents domiciled outside France are also generally exempt. The tax is collected by the French-domiciled intermediary, or filed by the seller on Form 2091 within one month of the sale.

Option for ordinary capital gains taxation

An irrevocable election to be taxed under the ordinary movable property gains regime is available where the seller can justify the date and price of acquisition (CGI Art. 150 UA). The election is filed on Form 2092. Under this regime: the gain = disposal price (net of costs) minus acquisition price (including all acquisition costs and restoration expenses, but not maintenance); an annual abatement of 5% per year beyond the second year reduces the taxable gain; full exemption from income tax is achieved after 22 years; the remaining gain is taxed at 19% income tax + 17.2% social charges = 36.2%; losses are not deductible. For jewellery/art/antiques, the €5,000 exemption threshold does not disappear on election of the ordinary regime.

When the Option Makes Sense

The ordinary regime is almost always advantageous for objects held for more than 22 years (gain fully abated, no income tax, social charges apply only to a small residual base — far less than 11.5% or 6.5% on the full price) and for objects received by inheritance within the past two years and sold close to the inheritance value (minimal gain, far less than the forfait on the full price). For shorter holding periods and significant gains, the forfait is usually more efficient and the calculation should be performed before electing.

Silver and Platinum: Practical Notes

Silver and platinum are both classified as precious metals under the forfait tax regime, attracting the 11.5% rate for French residents. Investment-grade silver and platinum bars and ingots meeting the purity thresholds (≥995‰) are treated as precious metals rather than collectibles. Decorative silverware and silverplate meeting the 925‰ or 800‰ sterling standard falls in the precious metals category; pieces below 800‰ sold primarily for craftsmanship or age value may be reclassified as antiques or collectibles and taxed at 6.5%.

For platinum jewellery at 950‰, 900‰, or 850‰, the dog's-head guarantee mark is required. Platinum alloys below 850‰ do not carry the platinum guarantee mark and may not be sold as platinum objects.

Diamonds: The 4Cs and Certification

Diamonds are natural crystals of pure carbon. Their hardness of 10 on the Mohs scale makes them the hardest naturally occurring substance. The commercial value of a gem-quality diamond is determined by four criteria — the 4Cs:

  • Colour: the closer to colourless, the higher the value. Graded from D (colourless) to Z (light yellow). Rare natural colours (pink, blue, green) command significant premiums.
  • Clarity (pureté): degree of freedom from internal inclusions and external blemishes. Graded from Flawless (FL) to Included (I1–I3).
  • Carat weight: one metric carat = 0.2 grams. Price per carat rises non-linearly with weight — a 2-carat stone is worth far more than twice a comparable 1-carat stone.
  • Cut: the quality of the stone's faceting, determining how light is reflected and refracted. A well-cut stone maximises brilliance; a poor cut dissipates light even in a flawless stone.

Certification

When purchased from a professional, a diamond should be delivered in a sealed pouch accompanied by a certificate from an accredited laboratory. The two most internationally recognised laboratories are the Hoge Raad Voor Diamant (HRD) in Antwerp and the Gemological Institute of America (GIA). In France, the Laboratoire Français de Gemmologie (LFG) provides equivalent services. The absence of a certificate can result in a significant discount on resale and raises the possibility of fraud. A certificate from an unrecognised laboratory carries much less weight than one from HRD, GIA, or LFG. The global trade in rough diamonds is subject to the Kimberley Process Certification Scheme (EU Council Regulation 2368/2002), which aims to prevent the trade in conflict diamonds — all rough diamonds traded internationally must be accompanied by a Kimberley Process certificate.

Coloured Gemstones: Rubies, Sapphires, and Emeralds

Only three minerals carry the designation of pierre précieuse de couleur in French commercial usage: rubies, sapphires, and emeralds. All other coloured stones are classified as semi-precious stones (pierres fines) or ornamental stones.

  • Ruby: corundum with a dominant red colour (the finest being "pigeon's blood" red). Hardness 9. Most valued rubies historically originate from Burma (Myanmar); Mozambique, Thailand, and Sri Lanka are also significant sources.
  • Sapphire: corundum (same mineral family as ruby, distinguished by colour). Blue sapphires dominate the market; Ceylon (Sri Lanka) stones are among the most prized. Hardness 9.
  • Emerald: a variety of beryl with a dominant green colour. Hardness 7.5. Colombian emeralds are considered the benchmark; Zambian, Brazilian, and Zimbabwean stones are also traded. Inclusions (jardin) are accepted as inherent to emeralds to a greater degree than in diamonds.

Unlike diamonds, coloured gemstones have no standardised international grading system. Value depends on colour, weight, cut, clarity, and — critically — geographic origin. A Burmese ruby and a Thai ruby of identical apparent quality can have very different market values. An investor or buyer without deep expertise should never acquire significant coloured stones without a certificate from a qualified gemmological laboratory and, for important stones, an opinion on geographic origin.

Pearls

French law and commercial practice draw sharp distinctions between the types of pearl:

  • Fine pearls (perles fines): natural concretions secreted accidentally, without any human intervention, inside wild molluscs. Rarer and significantly more expensive than cultured pearls. Weight is measured in grains (1 grain = 0.25 carats = 0.05 grams).
  • Cultured pearls (perles de culture): pearls whose formation inside a living mollusc is artificially triggered by human intervention. These form the bulk of the modern pearl market.
  • Imitation pearls (perles d'imitation): entirely or partially man-made objects designed to replicate the appearance of natural or cultured pearls but lacking their physical, chemical, or crystalline properties. No investment value.

The price differential between fine pearls and cultured pearls can be ten to one or more. The principal valuation criteria are diameter (for cultured pearls), colour, lustre (the depth of reflection — the orient of fine pearls), shape, and for strands, the matching of all the above across stones. Gemological examination to distinguish fine from cultured pearls is essential before any significant purchase.

Other Minerals

Beyond gemstones, decorative and collector minerals — crystals, tourmalines, aquamarines, amethysts, and rare mineral specimens — can have significant value based on beauty, purity, formation size, or rarity. There is no formal regulatory framework for their trade: the mineral market operates informally through mineral fairs and exchanges (bourses aux pierres) held in France and internationally. The tax treatment of gains on their sale follows the general precious objects/collectibles forfait regime (6.5%) or the ordinary gains regime on election.

Tax Summary: Precious Metals and Gemstones

CategoryForfait rate (French resident)€5,000 exemption?Option for ordinary gains?22-year full exemption?
Precious metals: gold (bars/investment coins)11.5% on gross priceNoYes (Form 2092)Yes (on ordinary gains election)
Precious metals: silver, platinum (raw form or objects sold by weight)11.5% on gross priceNoYesYes (on ordinary gains election)
Jewellery (gold, silver, platinum set pieces)6.5% on gross priceYes (≤€5,000 exempt)YesYes (on ordinary gains election)
Gemstones sold as jewellery or bijoux6.5% on gross priceYes (≤€5,000 exempt)YesYes (on ordinary gains election)
Gemstones sold as collectibles or objects of art6.5% on gross priceYes (≤€5,000 exempt)YesYes (on ordinary gains election)
Gold/silver/platinum coins minted before 1800 (treated as collectibles)6.5% on gross priceYes (≤€5,000 exempt)YesYes (on ordinary gains election)
Key Points: Precious Metals, Diamonds and Gemstones in France
Legal purity standards (CGI Art. 522): gold 999/916/750/585/375‰; silver 999/925/800‰; platinum 999/950/900/850‰. Only ≥375‰ gold may be sold as "or" at retail (CGI Art. 522 bis). Two hallmarks required: maker's mark (diamond-shaped, maker's initial + symbol) and guarantee mark (eagle's head for gold, Minerva's head for silver, dog's head for platinum). Exemptions: pre-1838 antiques, old French guarantee marks (CGI Art. 524 bis). EU equivalent hallmarks accepted.
Forfait tax (CGI Art. 150 VI and 150 VM): 11.5% (11% + 0.5% CRDS) on gross price for precious metals; 6.5% (6% + 0.5% CRDS) for jewellery, objects of art, collectibles, and antiques. No minimum threshold for precious metals; €5,000 per-object exemption for jewellery/art. Non-residents domiciled outside France generally exempt. Collected by French-domiciled intermediary or filed on Form 2091 within one month.
Option for ordinary gains (CGI Art. 150 UA): irrevocable; Form 2092. Gain = disposal price minus acquisition price; 5% annual abatement per year beyond year 2; full income tax exemption after 22 years; 19% income tax + 17.2% social charges on abated gain; losses not deductible. Optimal for long-held assets (>22 years) or recently inherited assets sold near inheritance value.
Diamond value: the 4Cs — Colour (D=colourless to Z=light yellow), Clarity (FL to I3), Carat weight (1 carat = 0.2g; non-linear price increase), Cut (faceting quality; determines brilliance). Always require a certificate from HRD (Antwerp), GIA (USA), or LFG (Paris). The Kimberley Process (EU Regulation 2368/2002) governs international rough diamond trade to exclude conflict diamonds.
Coloured precious gemstones: only ruby, sapphire, and emerald carry the designation pierre précieuse de couleur under French commercial usage. No standardised international grading scale; no organised exchange market. Geographic origin is critical to value (Burmese rubies, Ceylon sapphires, Colombian emeralds command premiums). Always obtain gemological certification and an origin opinion before purchasing significant stones.
Pearls: fine pearls (natural, no human intervention; measured in grains) vs cultured pearls (artificially triggered in a living mollusc) vs imitation pearls (man-made; no investment value). Price ratio fine/cultured can exceed 10:1. No organised market or valuation scale. Gemological examination required to distinguish fine from cultured pearls before any significant purchase.
Professionals' obligations: livre de police for all precious metals holdings (CGI Art. 537); annual declaration of retail gold purchases by 31 January (CGI Art. 1649 bis); identity verification for transactions >€1,000 with non-regular clients (C. mon. fin. Art. R 561-10).
Questions About Precious Metals or Gemstones in France?

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This article covers precious metals, jewellery, and gemstones as movable property assets for private individuals in France. The tax regime for gold coins and bars that meet the definition of investment gold (or d'investissement) under CGI Art. 298 sexdecies A is covered in detail in the separate article on gold investment. The forfait rates cited (6.5% and 11.5%) include the 0.5% CRDS component applicable to French-domiciled sellers.