Paying for a work in crypto-assets

More and more art transactions are settled in crypto-assets. This means of payment is lawful, but raises particular questions of traceability, valuation and taxation.
OIMAP's regulation does not prohibit it: it frames it. The operator must identify its client, understand the origin of funds and keep a complete record of the transaction.
This page presents the applicable rules, the risks to know and good practices.
Crypto-assets and buying works in figures
Source: OIMAP Legal Affairs Department.
The vigilance rules
Above €1,000, the operator identifies the client and checks the origin of the crypto-assets: originating wallet, history of movements, link with known services. They refuse payments from wallets associated with illicit activities or from anonymisation platforms.
They also assess the consistency between the client's profile and the amount of funds. A student who pays for an €80,000 painting in crypto-assets without justifying their resources calls for explanations.



Valuation, taxation and conversion
The value of a crypto-asset varies sharply from hour to hour. The sale price is therefore expressed in a reference currency, converted at the rate on the day of payment. The operator keeps proof of the rate used.
The taxation of capital gains on crypto-assets is a matter for each State. The operator does not have to manage it on behalf of its client, but must declare the sale and, depending on the State, the financial movements that go with it.
Outlook
The regulation of crypto-assets is changing fast, notably as a result of national financial rules. OIMAP follows these developments and proposes updates to its guides. A draft of joint guidelines with the financial supervisory authorities of Member States is under study.
The aim is to prevent the art market from being both over-regulated by several texts and under-controlled for lack of coordination. Operators are consulted so that the rules are workable.
Checks to carry out
| Check | Purpose | Evidence |
|---|---|---|
| Identification of the client | Identity and supporting document | Identity document |
| Origin of funds | Originating wallet and history | Analysis report |
| Coherence | Funds and client profile | Analysis note |
| Conversion | Rate used | Dated statement |
| Retention | Complete transaction | Ten-year file |
Landmarks
- First payments
Confidential market.
- OIMAP regime
Threshold of €1,000.
- Analysis tools
Analysis of wallets.
- 4% of sales
Stabilisation.
Wallets and anonymity
Direct payment or prior conversion

Direct payment
Crypto-assets received by the operator- Quick
- Volatility to manage
- Increased vigilance
Less frequent.

Prior conversion
Currency received after conversion- Bank traceability
- Volatility borne by the client
- Bank checks
Recommended option.



Accepting a payment in crypto-assets
- Check
Identity and profile of the client.
- Analyse
Wallet and history.
- Set
Rate and reference currency.
- Receive
Receipt or conversion.
- Archive
Keep all supporting documents.
Points of attention
A chain analyst

« A blockchain does not lie: it shows everything. What remains is to know how to read what it shows. »
Vocabulary of crypto-assets
- Wallet
- Tool for storing crypto-assets.
- Rate of the day
- Conversion rate on a given date.
- Anonymisation
- Process that conceals the origin of funds.
- Chain analysis
- Study of a wallet's movements.
Frequently asked questions
Can I refuse a payment in crypto-assets?
Yes, that is your right.
Must I convert immediately?
It is recommended, to limit volatility.
Are crypto-asset payments declared?
Yes, like any online sale above €1,000.
Where can I find analysis tools?
From providers approved by Member States.
Useful documents
Contacts

See NFTs and works
Image credits (16)
- Jar with Design in Underglaze Iron (1800s–1900s) — Cleveland Museum of Art, CC0 1.0
- The Judgment of Solomon and Esther before Ahasuerus (pair), Dirk Vellert (c. 1530) — Cleveland Museum of Art, CC0 1.0
- Lampas with foliate medallions in ogival lattice (1400s) — Cleveland Museum of Art, CC0 1.0
- Jar with Stamped Decoration (1400s) — Cleveland Museum of Art, CC0 1.0
- Mirror with Concentric Circles, an Immortal, and Auspicious Animals (100 BCE–100 CE) — Cleveland Museum of Art, CC0 1.0
- The Antechamber of the Palace of Justice, Paris, Charles Meryon (1855) — Cleveland Museum of Art, CC0 1.0
- Historiated Initial (O) Excised from an Antiphonary: The Donor, Gorus Fucci, Kneels before Christ (c. 1300–1350) — Cleveland Museum of Art, CC0 1.0
- Turtleback Reading Lamp, Tiffany Glass & Decorating Company (c. 1895–1902) — Cleveland Museum of Art, CC0 1.0
- Daffodil Table Lamp, Tiffany Studios (c. 1910–13) — Cleveland Museum of Art, CC0 1.0
- Sketches in Belgium and Germany, Volume I: Hall of Justice of the Magistrates du Franc, Bruges, Louis Haghe (1840) — Cleveland Museum of Art, CC0 1.0
- Prayer Niche (Mihrab) (c. 1500s or mid-1900s) — Cleveland Museum of Art, CC0 1.0
- A Palace with an Arched Bridge (A Roman Villa), Hubert Robert (1760) — Cleveland Museum of Art, CC0 1.0
- Courtyard, Alhambra, Charles Clifford (1857–58) — 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
- A Rocky Cove with Fishing Boats, Allart van Everdingen (late 1650s) — Cleveland Museum of Art, CC0 1.0
- Annunciation to the Shepherds: Leaf from a Book of Hours (1 of 6 Excised Leaves), Henri d'Orquevaulx (c. 1420–30) — Cleveland Museum of Art, CC0 1.0
Cleveland Museum of Art · CC0 1.0
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