A few weeks ago Arc 2017 in Madrid, an international event that represents almost 60% of works transactions of art in Spain, which is logical if you take into account the wonders that could be contemplated in the IFEMA facilities. Thus, in the meantime walk and such contemplation, we are convinced that many of our readers will have decided to acquire some of these pieces, paintings or unique elements to continue doing it in a particular way.
As we do with our clients, today we contribute a brushstroke on tax issues regarding this type of operations, which beyond this contest occurs daily, and therefore, they must respond to the appropriate legal requirements. Today we talk about art and its taxes.
What happens to art?
The art market is not any market. Keep in mind that we are facing a type of product/services of an incomparable singularity. In general, you cannot carry out economies of scale, nor
For example, giving us the definition provided by ABC, we find that in the field of art, it is called “work of art” to that production that a plastic artist performs, which is the result of its creativity and imagination and that expresses , either a concept or emotional manifestation. That is, the “work of art” is a creation in which the artist’s intentionality is totally embodied and evidence Special treatment in tax matters.
In view of its idiosyncrasy, these types of elements are framed as a historical culture or heritage, and therefore, they are subject to a very concrete type of tax, which is colloquially associated or encompassed within the cultural VAT, < /EM> but that goes further based on the ownership of the work.
regimes
The known as Special Art Regime , formally statement Special Regime of Used Assets (Rebu), consists of the application of 10% VAT for the sale of works that start from artists or His descendants, whether they do it directly with the customer, as if the purchase is developed with the intermediation of a gallery.
Now, it can also happen that there is some recurrence in carrying out this type of operations, either because a professional acts in his own name, or that a gallery is paid to his status of usual location of purchase and sale of art. Therefore, it is common for many professional profiles to go to the 036 model in the December prior to the year in which they want to exercise their special activity, to calculate their taxation.
In this reduced or special regime, as we said, enter who regularly makes deliveries of used goods, objects of art, antiques and collection objects for resale, therefore, it also has the RESTORATION CONDITION The sales organizer at a public auction, as long as he acts on his own name, through a sales commission contract.
However, taxation changes if it is the gallery who is the owner of the work and not an intermediary figure, since in that first case, the VAT that will apply to the transaction will be the general, located at 21 % , since we previously stated, in principle only, the condition of special is designed to mainly benefit the artist or march .
Therefore, the goods that enter into this regime are the following:
– Used goods.
– Art and antique objects.
– Collection objects.
Spain, through the reduced VAT type of 10%, equals other countries in the European Union. Its neighbor France, with 10 %; Italy, also with 10 %; Germany, with 7 %, or Ireland, with 13.5 % mark a considerably tax strip to the previous figure of 21 % without exception, which according to the Ministry itself, supposed “a brake on the competitiveness of the Spanish art market and A risk to the relocation of sales of art objects in Spanish territory “, hence the last modification, still in force, of 2014.
operations between individuals
What if instead of going to Arco we have bought a work from a private collector, or simply a friend? Without counting the previous cases in which an individual person can act as Revoiding of art, we find that there is also a taxpayer in the purchase and sale between individuals, specifically, through the Tax on Patrimonial Transmissions.
It happens that this type of tribute is transferred to the CCAA and therefore, these are free to determine their specific type, therefore, depending on the territory in which the transaction occurs, its tax load will change. For example, in the Valencian Community 4% are established for the “transmission of movable and semovative property, constitution and assignment of real rights over them, except the real guarantee rights”, while Andalusia or Asturias, for the same concept , they mark 8%, being more based on the base amount, in the case of the norths.
In general, in the purchase and sale of this type of goods it is common to look only the price, but as occurs in other types of objects of nature special , we must have its special regime.
You could either resist the wonders of #ARCO2017, or are you thinking of acquiring a work of some of the galleries near our office? info@verumasesores.com
References: Rodríguez Bernal | Aeat | Rebu
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