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🔒Picture this: Art collectors keep Maine artists, dealers busy during pandemic

Regardless of what motivates people to invest in art, it can have financial payoffs over time, as 2020 demonstrated for some Mainers. While the pandemic has affected the state’s art scene, it remains vibrant.

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Tax tips for art collectors
Jean McDevitt Bullens COURTESY / BAKER NEWMAN NOYES

What should art collectors know about the tax implications of selling or donating art? Here’s what two experts told Mainebiz.

When it comes to selling, art and other collectibles are in a unique category, according to Jean McDevitt Bullens, tax principal at Baker Newman Noyes.

“There is a bit of a tax rate premium for artwork and all other collectibles,” she says. For example, works of art and other collectibles are generally taxed at a maximum 28% capital gains rate for federal purposes, compared to a maximum 20% rate for non-collectibles.

As far as donating, McDevitt underscores the need to distinguish between a charity that’s going to use a piece in its collection versus one that may sell it to generate income.

“If you donate the art to a museum, for example, you get to take the fair market value of the art piece as a starting point for your deduction,” she says.

Martha L. Fox COURTESY / PRETI FLAHERTY

Martha L. Fox, of counsel at law firm Preti Flaherty, has two additional pieces of advice related to donating art. She recommends getting an acknowledgment from the recipient organization describing the gift in detail, and finding a reputable appraiser for the object or objects concerned.

“If the IRS later challenges the value you’ve assigned to a donation, you will want to have a reputable appraisal available to substantiate that,” she explains. For someone unable to find an appraiser in the relevant field, “I would suggest talking to the organization you’re considering donating to, as they may be aware of experts in the particular area.”

– Digital Partners -