A contrasting tax landscape

The treatment of VAT and taxes on works of art varies fourfold from one State to another. Some apply a reduced rate, others a standard rate, others still exempt certain sales. Understanding these differences is essential for setting a price and choosing a place of sale.
This page presents the main principles, some special regimes — including the margin scheme — and precautions for international sales.
The rates cited are indicative and change; always check the rule in force.
VAT and taxes in figures
Source: OIMAP Legal Affairs Department.
The main principles
VAT is in principle due at the place of consumption: for a sale to a foreign private individual, it is most often the State of destination that applies its tax, on import. For a sale between professionals, a reverse-charge mechanism avoids double taxation.
On import, VAT is due when the work enters, on the customs value, to which any duties are added. It is recoverable if the buyer is a taxable person who resells the work or uses it for their business.



The margin scheme and specific taxes
In many States, art dealers and auction houses may apply the margin scheme: VAT applies only to the difference between the selling price and the purchase price. It is advantageous for second-hand goods, but prevents the professional buyer from recovering the tax.
Specific taxes also exist: taxes on auction sales, resale rights, local taxes. They are added to VAT and must be included in the calculation of the total price.
Avoiding common mistakes
Three mistakes come up most often. The first is to ignore the VAT of the State of destination in an online sale. The second is to invoice without tax without proof of exit from the territory, which exposes you to a reassessment. The third is to mix the standard regime and the margin scheme on a single invoice.
A simple check before every sale abroad avoids most of these mistakes: verify the country of delivery, the status of the buyer and the applicable regime.
Some regime benchmarks
| Situation | Common regime | Remark |
|---|---|---|
| Sale of a work by an artist | Reduced rate or exemption | Depending on the State |
| Sale by a dealer | Standard VAT or margin | Option possible |
| Temporary import | VAT suspension | Guarantee sometimes required |
| Definitive import | Import VAT | Recoverable if taxable person |
| Distance sale to a private individual | VAT of the State of destination | Distance-selling thresholds |
Landmarks
- Partial harmonisation
Reduced rates for art.
- Distance selling
Rules of the country of destination.
- One-stop shop
Simplified declaration.
- Desk simulator
Estimate of taxes.
Distance sales
VAT on the total price or on the margin

Total price
Standard regime- VAT recoverable by a taxable person
- Price displayed excluding tax possible
- Simpler accounting
For sales between professionals.

Margin
Special regime- VAT on the margin alone
- No recoverable VAT
- Mandatory mention on the invoice
For sales to private individuals.



Calculating the tax cost of a sale
- Qualify
Nature of the sale and of the parties.
- Identify
States concerned.
- Choose
Standard regime or margin.
- Calculate
Apply the rates.
- Invoice
State the tax correctly.
Points to check
A tax specialist

« Art VAT is a labyrinth, but four questions are enough to find your way: who sells, who buys, where, and which regime. »
Vocabulary of VAT
- VAT
- Value added tax.
- Reverse charge
- Mechanism where the buyer declares the VAT.
- Margin scheme
- Taxation of the reseller's margin alone.
- Taxable person
- Person subject to VAT.
Frequently asked questions
Are works of art taxed at the reduced rate?
In some States, for some sales.
Can I recover import VAT?
Yes, if you are a taxable person.
Where can I find the rates?
In the Desk simulator and from tax administrations.
What does the tax treaty say?
See Tax treaties.
Useful documents
Contacts

See the tax treaties
Image credits (16)
- A Rocky Cove with Fishing Boats, Allart van Everdingen (late 1650s) — Cleveland Museum of Art, CC0 1.0
- Guinea: Anne (obverse); Shields and rose (reverse) (1703) — Cleveland Museum of Art, CC0 1.0
- Enjoying the Evening Cool Along the Sumida River, Kitagawa Utamaro (c. 1797–98) — Cleveland Museum of Art, CC0 1.0
- Carved Lacquer Scroll Box (1736–95) — Cleveland Museum of Art, CC0 1.0
- Ferry Slip, Edwin Kaufman (1927) — Cleveland Museum of Art, CC0 1.0
- Stater: BODVOC on plain field (obverse); Horse, Wheel, and Crescent (reverse) (10 BCE–20 CE) — Cleveland Museum of Art, CC0 1.0
- Bridge of Shops, Srinagar, Kashmir, Samuel Bourne (1864) — Cleveland Museum of Art, CC0 1.0
- Seal with Two Qilin Playing (1849) — Cleveland Museum of Art, CC0 1.0
- A Boat That Has for Sails the Wings of a Huge Bird, Filippo Morghen (about 1769) — Cleveland Museum of Art, CC0 1.0
- Solidus with Busts of Constans II and Constantine IV (obverse) (659–661) — Cleveland Museum of Art, CC0 1.0
- The Storm, James McNeill Whistler (1861) — Cleveland Museum of Art, CC0 1.0
- Small Mosque in the Kaiserbagh, Felice A. Beato (1858) — Cleveland Museum of Art, CC0 1.0
- Boating in Moonlight (1600s) — Cleveland Museum of Art, CC0 1.0
- Solidus of Justinian I (obverse) (c. 545–565) — Cleveland Museum of Art, CC0 1.0
- Solidus of Justinian I (reverse) (545–565) — Cleveland Museum of Art, CC0 1.0
- Fish or Seal Club (X’ús’) (late 1800s–early 1900s) — Cleveland Museum of Art, CC0 1.0
Cleveland Museum of Art · CC0 1.0
Tax and customs lawCustoms regimes, VAT and taxes, tax treaties: the rules governing the circulation and sale of works of art between States.›
Customs regimesTemporary admission, customs warehouse, release for consumption, export: the customs regimes applicable to works of art.›
Tax treatiesTax treaties between States: double taxation, capital gains, exchange of information and the impact for collectors and operators.›