Italian law does not provide for a clear, comprehensive regime applicable to business activities connected to art and artwork negotiation. For this reason, the relationship between art and taxation is built, on one side, on the ordinary rules as they apply to ordinary business (and non-business) activities and, on the other side, on special, tailor-made tax incentives granted to selected artistic initiatives. Most of these incentives consist of tax credits granted to those investing in art development and various initiatives connected to the world of art. In all the other circumstances, due to the silence of the legislator, literature and judicial decisions took over in the definition of the fiscal regime applicable to artistic activities and, in particular, to the negotiation of artworks. Both doctrine and case law draw a distinction between occasional artwork trade and professional ones. In the first case, collectors are included as well: their revenue, if any, falls into the "other income" residual category of the Italian Income Tax Act and is taxed accordingly. Occasional sales, in contrast, are usually excluded from income tax. Eventually, professional traders in art, on the opposite, are considered ordinary businesses and treated accordingly both for income and VAT purposes.

Art et Fiscalité en Italie

Greggi, Marco
Primo
2024

Abstract

Italian law does not provide for a clear, comprehensive regime applicable to business activities connected to art and artwork negotiation. For this reason, the relationship between art and taxation is built, on one side, on the ordinary rules as they apply to ordinary business (and non-business) activities and, on the other side, on special, tailor-made tax incentives granted to selected artistic initiatives. Most of these incentives consist of tax credits granted to those investing in art development and various initiatives connected to the world of art. In all the other circumstances, due to the silence of the legislator, literature and judicial decisions took over in the definition of the fiscal regime applicable to artistic activities and, in particular, to the negotiation of artworks. Both doctrine and case law draw a distinction between occasional artwork trade and professional ones. In the first case, collectors are included as well: their revenue, if any, falls into the "other income" residual category of the Italian Income Tax Act and is taxed accordingly. Occasional sales, in contrast, are usually excluded from income tax. Eventually, professional traders in art, on the opposite, are considered ordinary businesses and treated accordingly both for income and VAT purposes.
2024
Greggi, Marco
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11392/2563171
 Attenzione

Attenzione! I dati visualizzati non sono stati sottoposti a validazione da parte dell'ateneo

Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact