INVEST IN ART FOR TAX ADVANTAGES!

FOR BUSINESSES, TAX MEASURES IN FAVOUR OF LIVING ARTISTS:

Companies can deduct from their taxable income (see the official text below) the purchase of original works by living artists. The obligation to exhibit these works of art to the public is limited to the depreciation period of the property (5 years). The original works of living artists are also excluded from the CFE’s plate.

Extract from the corresponding General Tax Code: Art 238 bis AB:

Corporations may deduct from their taxable income the acquisition cost of original works of living artists recorded in fixed assets provided they remain on display to the public. This deduction is made in equal fractions on the results of the year of acquisition and the following four years for works purchased on or after 1.1.2002 (or nine or nineteen years for other works following that on or before 1.1.1994).

The deduction made in respect of each financial year, entered in a special reserve account, may not exceed the limit of 5 p. mile of turnover, less the total of all other deductions made in respect of patronage…

Example: your company has a turnover of 100 000€.
At a rate of 0.5%, you will benefit from €2,500 for the purchase of one or more works of art. Spend 500€ of purchases per year for 5 years. This will reduce the result of your annual turnover and therefore your tax.

The tax deduction for each fiscal year, in equal fractions, may not exceed 0.5% of your company’s turnover.
Record this purchase as an expense (on a special reserve account) in your annual results. The deduction will be 20% of the purchase price of the work for 5 years.
Exhibit the work for 5 years (the amortization period of the work) in a location accessible to employees, customers or suppliers of the company, excluding individual offices. Works must be created by living artists.

A GOOD BUSINESS OPERATION FOR YOUR COMPANY:

Beyond the simple tax advantage, the purchase of a work of art by the company is an excellent means of communication. Think of the inauguration when installing the work on your premises. An opportunity to invite your privileged customers, you can also mention your support to the artists on your usual supports: website, newsletter or brochure. A rewarding approach for your company that allows you to develop relationships with your prospects and partners.

HOW DOES THE IRS BENEFIT ART AND COLLECTIONS?

FOR PRIVATE INDIVIDUALS: 

A work of art is systematically exempt from EWB (Fortune Solidarity Tax). A work sold for less than 5000 Euros is automatically exempt from tax. Over 5000 Euros, the item sold will be taxed at 5%.

Consult the official text

Lovers of paintings or antique furniture, you like to shop in art galleries or antique dealers. But did you know that behind your passion lies a profitable patrimonial operation?

PAS D’ISF:

Works of art have, from the outset, been exempt from the solidarity tax on wealth. Why continue to pay EWB on your stock market investments, the profitability of which is very uncertain today, when it would no doubt be more sensible to invest this money in masterpieces, sheltered from the tax system? For example, if you are taxed in the 1% marginal tax bracket, the acquisition of a bronze worth €15,000 will save you €150 a year in taxes.

THE SOLIDARITY TAX ON WEALTH:

According to article 8551 of the General Tax Code:”objects of antiques, art or collectors’ items are not included in the tax bases for the Solidarity Tax on wealth”. The work of art or collection can thus allow its owner not to cross the fateful bar of 1.3 million euros which obliges him to declare all his patrimony.

TRANSMISSION:

Works of art can be valued at only 5% of the inheritance in a succession. It only concerns objects intended for the ornamental decoration of apartments, such as furniture, knickknacks or paintings; there must be no public sale within two years of the death, and no regular inventory must be produced. A masterpiece or a piece of furniture worth several tens of thousands of euros can therefore be taxed at a much lower value.

Pay tax in kind. Works of art can be used to pay estate taxes or EWB. This procedure, which is often not well known, is called dation en paiement. It is simple and paradoxically has the merit of being long. You make an offer to the Consolidated Revenue Fund, which includes the valuation of assets offered for payment. After an administrative procedure lasting up to three years, the work is presented to the approval committee, which may or may not give its consent. The donation allows you to benefit from a double advantage: pay the tax with a work of art and benefit from a considerable delay to satisfy your tax obligations.

A CHANGING MARKETPLACE:

This once very closed market is undergoing a real revolution thanks to the Internet, which allows a wide range of information on works of art and exhibitions in galleries. A quality presentation allows for the discovery of artists who are too confidential and provides them with a real promotion. This type of investment is attractive in the sense that it appeals primarily to its own taste. An acquisition has an almost emotional aspect that will bind the owner to the artist’s work for many years. It would therefore seem very relevant to position ourselves now in a sector that should experience an interesting development over the next few years.

A MORE OPEN MARKET:

The art market is currently undergoing a real revolution. From a market that is relatively opaque and therefore not very accessible, we are moving towards a market that is increasingly transparent and therefore attractive, which should see particularly interesting growth in the coming years.

THE CONSTITUTION OF A PATRIMONY:

The acquisition of a work of art must be part of an operation to build up a genuine family artistic patrimony in a long-term perspective, the ideal outcome of which is not sale but transmission. The desire to possess a work of art has several motivations:

  • first of all, the pleasure of research and then the aesthetic pleasure of presenting a work in its professional or family context.
  • the ability to pass on to his descendants a wealth of high quality, the advantage of benefiting from an advantageous taxation,
  • to keep the work for a long period of time and if possible for at least 15 years