Finding Forrest Fenn's Treasure Was Just the Start
The anonymous finder now has a million-dollar headache ...
In this case, the problem with telling everyone about the location of Fenn’s treasure is that there’s a good chance it doesn’t legally belong to the person who found it. It varies by state, but in general, treasure found on private property belongs to the land owner, not the finder. Pretty much the only way to stay out of court is to negotiate the split of any findings ahead of time.
On federal land, like national parks and national forests, treasure hunters need permits to keep anything they find, and even then you’re going to need lawyers, because Fenn’s treasure doesn’t fit into any category for which the federal government has a neat and tidy legal definition. It wasn’t “lost,” “misplaced” or “abandoned.” At ten years old, it’s not really from antiquity. It may not even fit the legal definition of a treasure.
“The question here is whether it’s even a treasure trove,” said Ben Costello, an attorney and board member of the 1715 Fleet Society, which researches and documents the recovery of shipwrecks. “I don’t think it is, because the owner is known.”
Property where the owner is known is supposed to go back to that original owner. We don’t have laws for gold and jewels that the owner doesn’t want back. It’s just not a situation that comes up. ...
Assuming someone does have a legal claim to their find, the second hurdle is the tax situation, and it is daunting.
“I saw the announcement that someone found Fenn’s million-dollar treasure and I thought ‘Do they know they’re about to pay $450,000 or so in income taxes?” says Larry Brant, a tax attorney in Portland, Oregon.
No one is sure just how much the contents of Fenn’s chest is worth, but Brant says the IRS views treasure just like any other income. The moment you find it, you owe taxes on it for that year, regardless of whether you auction it off, give it to someone, or keep it in your living room as a conversation piece.
Then there’s the matter of state and local taxes. Just like the winner of a state lottery who has to pay taxes in that state, or an NBA player who has to file income taxes everywhere they play, treasure finders have to pay taxes wherever they find treasure. So if it was in New Mexico, that’s an extra 4.9 percent off the top. Wyoming, however, takes nothing. Location matters. ...