Art and You: some information

Copyright

L'author enjoys the right respect for his name, his quality and his work. This right
is attached to his person. It is perpetual, inalienable and
imprescriptible. It is transmissible upon death to the heirs of
L'
author. Its rights are of two kinds, moral rights and patrimonial rights.
The attributes of moral rights: Moral rights, which are closely linked to the personality of
the artist, cannot be managed by a management organization
collective; this is up to the artist himself or, after his death, to his
beneficiaries (heirs, legatees).
The attributes of property law: The author enjoys, during his lifetime, the exclusive right to exploit his work in any form whatsoever and to derive pecuniary profit from it.
death of the author, this right persists for the benefit of his beneficiaries
during the current calendar year and the following 70 years.
Get informed

The artist-author status

The artist-author status is a social security system dedicated to self-employed people who carry out a creative artistic activity.

What are the charges for an artist-author?
The artist author must declare his income to URSSAF Limousin, and pay
quarterly his social security contributions. He must also pay his
taxes each year.
Is an artist-author a micro-entrepreneur?
An artist-author automatically benefits from artist-author status. However, they can also have self-employed status to declare additional or indirect income.
What status should I choose as an artist?
If an artist creates works of art, it enjoys the status
artist-author. On the other hand, if ihe is an interpreter, it is subject to the regime of intermittent entertainment workers.
Get informed

Art: Caribbean/Antilles

Discover the history of art in my region, my Caribbean basin, with professionals from the art world. Also benefit from various services, whether you are an artist, project leader, gallery owner, or cultural professional.
TK Akademy

Art leasing

Leasing allows the tenant company to deduce of its result from 70 to 100% of the rent amount and of the VAT relating to these rents. This way of procuring works of art for the decoration and fitting out of work spaces is part of the account 613 of the general accounting plan (equipment rental).
At the end of the leasing contract, the company or its manager can exercise the purchase option in order to take full ownership for residual value originally defined in the contract and which amounts on average at 5%.
Who can claim it?
All companies and liberal professions subject to corporation tax (IS) can benefit from this opportunity as well as all entrepreneurs subject to the BICLiberal professions subject to the non-commercial profits tax regime (BNC) are also free to rent works of art to decorate their premises.
Conditions to be respected during the rental ?
To benefit from the many advantages of leasing, you simply need to install the work in your professional premises, but also wherever you want, office or personal office, waiting room, reception hall, meeting room.
Only obligations:
— Insure the rented works (most often, this is included in the financial package).
— The final owner agrees to keep the work for at least 4 years.
They advise you: Didier BUHLER +33 6 64 62 65 71 – Alain HERZ +33 6 11 66 90 23 - info@investisart.com

Tax exemption

The amounts are deductible within the limit of 20,000 € or 5‰ of turnover
excluding company tax when the latter amount is higher (0.5%). If the fraction of the acquisition price cannot be fully deducted for a year, unused surplus is lostIt cannot be carried forward for deduction in a subsequent year.
This annual ceiling is reduced by payments made under the patronage.

Example :
1. During year N, a company achieves 5,000,000 € of turnover excluding tax. For this financial year, the applicable ceiling is therefore set at 5‰ of its turnover excluding tax: excluding tax : Excluding taxes (25,000 €).
Company acquires work of living artist for 150,000 € HT: HT : Excluding taxes. The tax reduction will be spread over the next 5 accounting years, i.e. a maximum of 30,000 € per year (150,000/5).
Due to the ceiling, the tax deduction is limited to 25,000 € for year N, the excess is lost.
2. During year N+1, the company achieves 6,500,000 € of turnover excluding tax. For this financial year, the ceiling is set at 32,500 €. The company therefore benefits from a tax reduction of 30,000 € in year N+1.
This logic is repeated until exercise N+4.

The law

Deduction for individuals

For individuals, the acquisition of works of art allows them to benefit from a reduced tax rate on capital gains upon resale.
Get informed
Transfer of works of art: tax exemptions
There transfer of works of art is exempt
in the following cases:
• sales for the benefit of a “museum of France”, a
state archives or public library;
• sales of works whose sale price is less than 5,000 euros;
• sales
carried out by a seller who is not tax resident in France.