Observe · Regulate · Protect — since 2007. 19th OIMAP General Assembly: Singapore, 10–12 June 2026. Programme
Regulation

Tax treaties

Tax treaties between States: double taxation, capital gains, exchange of information and the impact for collectors and operators.

Updated : October 28, 2026· 4 min read

Not paying twice

Solidus of Justinian I (reverse) (545–565)
Solidus of Justinian I (reverse) (545–565)

When a collector resident in one State sells a work in another, each of the two States may want to tax the capital gain. Bilateral tax treaties avoid this double taxation by dividing the right to tax.

Forty-one treaties expressly cover works of art, among the hundreds that bind Member States. They also provide for exchanges of information between administrations, an essential tool in the fight against evasion.

This page presents how treaties work, their effects on capital gains and the precautions to take.

  • Conventions
  • Double taxation
  • Capital gains

Tax treaties in figures

41Treaties covering art
67Member States
30 dRecommended time for exchange of information
2Elimination methods

Source: OIMAP Legal Affairs Department.

Breakdown

Capital gains on disposal40%
Income from loans and rentals20%
Inheritance duties25%
Exchange of information15%

Topics addressed by the treaties.

How a treaty works

A treaty first fixes a person's tax residence, according to ranked criteria: home, centre of vital interests, habitual abode. It then indicates which State may tax each type of income: capital gains on movable property are, in general, taxed in the seller's State of residence.

To avoid double taxation, it provides either for the exemption of the gain in one of the States, or for a tax credit up to the amount of tax paid in the other. The choice of method depends on the treaty.

A Boat That Has for Sails the Wings of a Huge Bird, Filippo Morghen (about 1769)
A Boat That Has for Sails the Wings of a Huge Bird, Filippo Morghen (about 1769)
Seal of Doge Michele Steno (reverse) (1400–1409)
Seal of Doge Michele Steno (reverse) (1400–1409)
The Storm, James McNeill Whistler (1861)
The Storm, James McNeill Whistler (1861)

What this changes for a collector

A collector who moves or who holds works in several States must identify their tax residence and the State that may tax their gains. A sale made at a foreign auction house is not, in principle, taxable in the house's State: everything depends on the treaty.

The exchange of information allows administrations to make sure that sales are declared. A collector who has not declared a sale abroad is exposed to a reassessment, sometimes several years later.

Inheritance and gifts

Inheritance and gift duties are another area where treaties play an important role. A work held by a resident of one State but kept in another may be taxed twice on their death, if no treaty divides the right to tax.

Few treaties address this subject. OIMAP recommends that collectors plan their estate with a specialist adviser, taking into account where their works are kept and their residence status.

Elements of a treaty

The elements of a treaty
ElementContentEffect
ResidenceConnecting criteriaDetermines the taxing State
Capital gainsDivision of the right to taxAvoids double taxation
EliminationExemption or tax creditMethod of calculation
Exchange of informationCooperation between administrationsDetection of fraud
Mutual agreement procedureSettlement of disputesMeans of redress

Landmarks

  1. Model convention

    OECD model text.

  2. Treaties on art

    First express clauses.

  3. Automatic exchange

    Declarations transmitted.

  4. 41 treaties

    Wider coverage.

Declaring abroad

Exemption or tax credit

American Red Cross War Council Medal (reverse), Daniel Chester French (1920)

Exemption

The gain is not taxed in one State
  • Simple
  • Often advantageous
  • Depends on the treaty

Common method in Europe.

The Fleet Off the Coast, Beachy Head, Samuel Atkins (c. 1790–1805)

Tax credit

Foreign tax deducted
  • No double taxation
  • More complex calculation
  • Capped

Frequent method elsewhere.

Sweet Melancholy, Joseph-Marie Vien (1756)
Sweet Melancholy, Joseph-Marie Vien (1756)
Bridge of Shops, Srinagar, Kashmir, Samuel Bourne (1864)
Bridge of Shops, Srinagar, Kashmir, Samuel Bourne (1864)
Portrait of Pope Paul II Barbo (obverse) and (reverse), Cristoforo di Geremia (c. 1468)
Portrait of Pope Paul II Barbo (obverse) and (reverse), Cristoforo di Geremia (c. 1468)

Using a treaty

  1. Identify

    Identify the applicable treaty.

  2. Qualify

    Determine the tax residence.

  3. Read

    Examine the clause on capital gains.

  4. Calculate

    Apply the exemption or the credit.

  5. Declare

    Mention it in the return.

Questions to ask your adviser

An international tax lawyer

A Rocky Cove with Fishing Boats, Allart van Everdingen (late 1650s)
« Tax treaties are written by and for States. What matters to a private individual is to know what they provide for them. »
Camille Girard, tax lawyer

Vocabulary of treaties

Tax residence
Attachment of a person to a State for tax purposes.
Tax credit
Deduction of tax paid abroad.
Automatic exchange
Regular transmission of information between States.
Mutual agreement procedure
Settlement of a dispute between administrations.

Frequently asked questions

Where can I find the list of treaties?

From the tax administrations of the States.

Does OIMAP advise on taxation?

It provides general guidance, not individual advice.

What to do in case of double taxation?

Request the opening of a mutual agreement procedure.

What is the link with VAT?

Useful documents

Contacts

The Pyramid of Cestius, Rome, Michiel van Overbeek (c. 1650–80)
The Pyramid of Cestius, Rome, Michiel van Overbeek (c. 1650–80)
Legal Affairs DepartmentParis — Headquarters+33 1 00 00 02 00juridique@oimap.exampleMonday to Friday, 9 am – 5 pm

See intellectual property

Letter Box, Ogata Kōrin (1700s)

Copyright, resale right, WIPO.

Intellectual property
Image credits (16)
▲