Tax Incentives for Investing in Canadian Art - GS & Company (2024)

Art is a beautiful way to transform a blank wall or liven up a space, adding some personality to your office or place of business. Now, with the tax incentives implemented by the Canadian government to promote Investing in Canadian Art, it can do so much more than that.

Collecting Canadian art is growing into one of the most popular types of investments because the CRA has established that taxpayers who purchase or rent Canadian artworks either for their personal office or for the common areas of their place of business (lobbies, hallways etc.) can claim a tax deduction for the cost of the purchase or rental. Buying artwork (drawings, paintings, etchings, sculptures, photographs etc.) is considered a capital expense for corporations or individuals who operate a business. An individual or organization may qualify for an annual tax deduction if the criteria are met.

Tax Incentives for Investing in Canadian Art - GS & Company (1)

Under the Tax Act, this purchase must meet the following criteria:

1. The artwork must have been created by a Canadian artist and must be related to the business’s commercial activities and exhibited in a place of business where clients will see it.

2. A print, etching, drawing, painting, sculpture, or other similar work of art that is greater than $200 in value

3. Made by a Canadian artist at the time the art was created, whether a Canadian citizen or a permanent resident

4. If the buyer is a GST and/or QST registrant, he can recover the taxes paid at the time of purchasing the artwork by claiming input tax credits. If the art is rented instead rather than purchased, the rental expenses are also deductible as long as the expense was made for business purposes.

If your purchase meets these criteria, you can consider how it can serve you as either inventory (indicating that you have the intent to resell) or a capital acquisition (purchased as an investment for display to improve your client’s experience in your business).

Tax Incentives for Investing in Canadian Art - GS & Company (2)

Tax Deductions for Capital Acquisitions

If the purchase is a capital acquisition, it can be claimed as a class 8 capital cost allowance depreciable at a rate of 20% per year.

Example: If a painting is $10,000, the amount that can be claimed each tax year is:

Year 1 – 20% of $10,000 can be claimed as a deduction = $2000

Year 2 – 20% of $8000 (the remaining value from year 1) =$1600 etc.

Artwork valued at less than $200 is a one-time class 12 deduction at 100% of the purchase price.

Artwork valued at greater than $200 can be claimed at 100% of the purchase price as a class 8 capital cost allowance depreciable at a rate of 20% per year.

What if I Sell The Artwork?

In the event that the artwork is sold by the business (i.e. sale of a corporate asset), there are two different factors to consider depending on whether the artwork has appreciated or depreciated in value.

a) If the artwork is sold for less than the remaining undedicated cost of the artwork, the balance can be claimed as a terminal loss deduction. For example, if $1000 remains unclaimed based on the class 8 capital cost allowance depreciation rate, but the work is sold for $500 due to depreciation of the artwork. The remaining unclaimed cost of $500 can be claimed as a terminal loss deduction.

b) More commonly, if the artwork has appreciated in value and is sold for more than the purchase price, the amount that has already been claimed as a class 8 capital cost allowance will be subject to recapture. The claimed amount will then be considered business income in the year of sale. The profit from the sale will be subject to capital gains.

There’s No Doubt About it, Investing in Canadian Art is Good For Business

For years now, supporting Canadian artists and local businesses has been at the top of mind for many consumers. This ideology extends to the artwork displayed at your business. Proudly displayed Canadian art can help you to stand out to customers. People remember and respond positively to seeing themselves represented.

Consider the Vancouver International Airport as a prime example of this. Instead of having the reputation of being another stressful, boring airport, it is world-renown for its collection of over 200 Canadian works of art. This has completely changed their client experience and has landed them on several ‘must see’ lists.

If you are looking for Canadian artwork, GS&Co is the place to begin your search. We carry a wide variety of works by incredible Canadian artists.

The article above is for general information purposes only and should not be considered tax advice. The Income Tax Act has many nuances and exceptions. We encourage you to reach out to a CPA (Chartered Professional Accountant) regarding the specifics of your purchase to determine if Investing in Canadian Art will qualify you for a deduction.

Tax Incentives for Investing in Canadian Art - GS & Company (2024)

FAQs

Tax Incentives for Investing in Canadian Art - GS & Company? ›

Tax Deductions for Capital Acquisitions

What is the tax loophole for art in Canada? ›

There are many classes of depreciable assets, but the CRA includes art as a “Class 8” item. According to the CRA, Class 8 property depreciates at a yearly rate of 20%, meaning it loses 20% of its value per year. This yearly value which is lost can be deducted as a business expense.

Is buying art tax deductible in Canada? ›

Buying artwork; paintings, drawings, sculptures, photographs, etc. is considered as an amortization expense for corporations or individuals who operate a business in Canada. It qualifies as a tax deduction provided that certain criteria are met.

Do you pay capital gains on art in Canada? ›

Under the tax rules, where an item is used primarily for your personal use or enjoyment, it is called “personal use property.” Many collectibles will fall into this category. When you ultimately dispose of the item, or if it is still held at the time of your death, a capital gain or loss may arise.

Is investing in art tax deductible? ›

Fine art, original creations by living artists, and collectible pieces may qualify as tax-deductible art when purchased for business use or as a corporate holding. Such artworks can potentially be leveraged for tax deductions under specific circ*mstances.

Can I buy art as a business expense? ›

According to the IRS, businesses can deduct the full cost of artwork as a business expense if it is used to improve the aesthetics of a workspace. This means that the cost of the art can be fully deducted in the year it was purchased, providing immediate tax benefits for your business.

What is the capital cost allowance for art in Canada? ›

Whether they are individuals in business, partnerships, corporations or trusts, taxpayers who acquire an eligible work of art can claim an annual capital cost allowance equal to 20% of the amount paid for federal purposes and 33 1/3% of the amount paid for Quebec purposes.

How does buying art avoid taxes? ›

Buying art to avoid taxes. They are known as 1031 exchanges and this is how they work. Many wealthy art collectors can, and do, save millions in taxes by essentially rolling over their profits from selling their collection pieces into buying more art.

How to claim art as a tax deduction? ›

The good news is, being classified as a depreciating asset qualifies art for the instant asset write-off measure. The threshold for this was raised in 2020 from $30,000 to $150,000*. This means business owners can now claim up to $150,000 per painting or sculpture.

What expenses are tax deductible in Canada? ›

Claiming deductions, credits, and expenses
  • Disability tax credit.
  • Medical expenses.
  • Moving expenses.
  • Digital news subscription expenses.
  • Home office expenses for employees.
  • Canada training credit.
Mar 15, 2024

How do I avoid capital gains tax on art? ›

Deferring Capital Gains Tax When Selling Art.
  1. Charitable Remainder Trusts is the best way to defer paying capital gains tax on appreciated assets, if you can transfer those assets into the trust before they are sold, to generate an income over time.
  2. Charitable Lead Trusts.
  3. Qualified Opportunity Zone Funds.
Sep 3, 2020

How do I avoid capital gains tax on investments in Canada? ›

Minimizing Capital Gains Tax
  1. Use tax-free or tax-sheltered accounts: A tax-free savings account (TFSA) can help you avoid capital gains tax. ...
  2. A registered retirement savings plan (RRSP) can also help reduce your tax burden. ...
  3. Tax loss harvesting: In Canada, you can offset capital gains with capital losses.

What is the lifetime capital gains exemption in Canada? ›

The lifetime capital gains exemption (“LCGE”) provides Canadian resident individuals with a significant tax benefit when disposing of qualified small business corporation shares (“QSBCS”). Upon disposal, 50% of the LCGE is netted against the taxable capital gain, eliminating some or all of the taxable capital gain.

How to write-off taxes with art? ›

The expenses associated with art investments are governed by IRC § 212. These expenses are deductible if it can be proven that the investor's primary intent was to hold the artwork for the purpose of generating income.

What can you write-off for investing on taxes? ›

If you itemize, you may be able to deduct the interest paid on money you borrowed to purchase taxable investments—for example, margin loans to buy stock or loans to buy investment property. You wouldn't be allowed to deduct the interest on a loan to buy tax-advantaged investments such as municipal bonds.

Is buying art a good investment? ›

Conclusion. Art is a great investment for anyone looking to add value to their portfolio, by setting clear goals, doing your research and seeking the help of a professional you will be well on your way to acquiring a desirable work of art, adding value to your estate for generations to come.

What is the tax loophole for art sales? ›

In the U.S., tax on art sales vary from state to state, with no sales tax in Montana, New Hampshire and Oregon. If the artwork is shipped to another state after it's purchased, you'll pay use tax instead of sales tax. You can avoid sales and use tax by immediately shipping artwork to a freeport for storage.

Do artists pay taxes in Canada? ›

As an independent artist producer, the CRA views you as a business. If you are not incorporated, you are considered a sole proprietor and any income you have from your producing activities is considered self-employed income. Learn more about the difference between an employee and a contractor here.

Is art exempt from duty in Canada? ›

Importing art to Canada

However, paintings on non-canvas or non-paper surfaces are subject to a fee of 5.5% of the purchase price. Sculptures, statues, and prints are duty-free too. However, these must be produced by an artist's hands without mechanical or photomechanical processes.

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