Which companies are concerned?
- Company subject to corporate income tax (automatic or optional)
- Sole proprietorship subject to income tax in the BIC category
Please note: the deduction system requires that the deductible purchase price be recorded in a special reserve account on the liabilities side of the company’s balance sheet. This mainly excludes the liberal professions, which do not have the option of creating an account of this kind on the liabilities side of their balance sheet.
What works and instruments can be used as deductions?
Original work by a living artist
To benefit from the deduction, the company must display the work of art in a place accessible free of charge to the public or to employees, except in their offices, for 5 years. This period corresponds to the year of acquisition and the following 4 years.
The works concerned are as follows:
- Painting, drawing, watercolor, gouache, pastel, monotype, entirely handmade by the artist.
- Engravings, prints and lithographs, printed in limited numbers directly from plates entirely hand-executed by the artist. The technique or material used is irrelevant, with the exception of any mechanical or photomechanical process.
- Production and assembly of statuary or sculpture in any material, provided that this production and assembly is carried out entirely by the artist’s hand. Jewelry, goldsmiths’ and silversmiths’ items are excluded.
- Cast sculpture, limited edition of 8, controlled by the artist or his successors.
- Hand-made tapestry, based on original cartoons supplied by the artist, limited to 8 copies.
- A unique ceramic piece, entirely executed by the artist’s hand and signed by him.
- Enamel on copper, entirely executed by hand, limited to 8 numbered copies, signed by the artist. Jewelry, goldsmiths’ and silversmiths’ items are excluded.
- Photograph taken by the artist, printed by him or under his supervision, signed and numbered up to a limit of 30 copies, all formats and media combined.
- Works purchased with a view to resale are included in the company’s inventory (dealers, art galleries, or any company involved in art transactions) and do not qualify for the deduction.
Note: handmade or mass-produced items are not original works.
The artist must be alive at the time of purchase. The company must be able to justify the existence of the artist at the date of acquisition.
- The work can be exhibited in the following locations and situations:
- Company premises, provided they are actually accessible to the public or employees
- Events organized by the company or by a museum, local authority or public institution to which the property has been entrusted
- Museum to which the property is deposited
- Region, department, municipality or one of their public establishments or a public scientific, cultural or professional establishment
- The exhibition must be permanent (for the required 5 years), and not a one-off event (temporary exhibition, seasonal festival, etc.).
Regardless of the conditions of public display adopted by the company, the public must be informed of the place of display and the possibility of access to the goods. The company must therefore communicate the appropriate information to the public. It must do so by means of attractive information on the exhibition site itself and by any promotional means appropriate to the importance of the work.