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Art and Collectibles as an Asset Class

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Art, classic cars, wine, watches and other collectibles form part of wealthy families' portfolios. Owners hold them for enjoyment, status and diversification. Their economic characteristics are closely linked to title and provenance, AML requirements, ownership structures and succession.

Investment characteristics

Art prices are weakly correlated with the stock market, and during periods of inflation tangible objects often serve to preserve value. These assets have no cash flow, low liquidity and subjective valuations: the value of a work is confirmed only at the moment of sale and depends heavily on fashion, name and market conditions.

Selling a valuable work takes months; buyer's premium at leading auctions reaches 26–27% at the lower price tier (Christie's, Sotheby's), with seller's commission, insurance and logistics on top, while the object itself produces no income, requires storage costs and carries authenticity and condition risk. A sale also gives rise to a tax liability: many countries apply a separate, often higher rate to capital gains on collectibles.

The market itself is small and cyclical: according to Art Basel and UBS, in 2024 global art sales fell 12% to $57.5 billion — the second consecutive year of decline, although the number of transactions increased. The decline hit the upper segment: the number of works over $10 million fell by almost 40%.

Other collectibles tracked by the Knight Frank Luxury Investment Index have distinct market characteristics: watches from leading brands gained about 5% in 2025 and grew by more than 125% over a decade, relying on scarcity of specific references; wine on the Liv-ex Fine Wine 100 declined in 2025 and lost about a quarter of its value from the 2022 peak while delivering around 37% over ten years; classic cars rely on a narrow circle of collectible models and require expensive maintenance.

Legal or financial issueRelated article
Title, provenance and liability for authenticityArt as an asset: title, provenance, custody and lending
Tax planning: donations, dation en paiement and freeportsTaxation of art
Tax on the sale of collectibles by jurisdictionCapital gains tax on collectibles
Liquidity: borrowing against a collection or sellingLending against a collection vs selling
Freeports and allocated custodyPrecious metals and freeports
Philanthropy: a museum and a deductionPrivate museum and charitable foundation
Succession of collection assetsSitus of movable assets

Title, storage, AML requirements and succession are common issues in managing these assets.

Title, provenance and authenticity

A painting has no title register: the documented ownership history (provenance) determines both the price and the legal status of the object. A complete chain from the workshop to the current owner increases value and protects against claims; gaps in it mean the risk of restitution or of the item turning out to be a forgery or an illegally exported object. Expert examination and verification of origin are therefore a mandatory part of any transaction.

A break in the ownership history turns an expensive object into a problematic asset, and provenance affects value no less than authorship and condition. The assessment of art title and provenance involves nemo dat, good-faith acquisition, the conventions, restitution checks for 1933–1945 and liability for attribution.

Freeports and storage regulation

A significant portion of investment art is stored in freeports. The oldest and largest is the Geneva Freeport, where, according to estimates, art worth approximately $100 billion and around 1.2 million objects are concentrated. As long as the item is formally "in transit," customs duties and VAT are deferred; similar hubs operate in Singapore, Luxembourg and Delaware.

Freeport storage combines operational convenience with ownership opacity and has long attracted regulatory scrutiny. In 2010, FATF named freeports a risk zone for money laundering; in 2018 a European Parliament study pointed to their similarity to offshore zones and called for stricter supervision; and Switzerland since 2016 requires keeping an inventory for items imported after 2009. The principal regulatory response has been the application of AML requirements.

AML and ownership structures

Since 2020, the art market has been integrated into the general AML framework, but the scope of that regime and its thresholds differ by jurisdiction.

JurisdictionWho is coveredRequirements and status
EU (5AMLD)Art dealers, galleries, auction houses and storage operators as obliged entitiescustomer due diligence and the beneficial owner for transactions from €10,000; transition to AMLR and AMLA with an application deadline of 2027
UKArt market participantsregistration with HMRC, which has been imposing fines for violations since 2022
USAntique dealers only (AML Act 2020)conventional art is outside the federal regime; the Art Market Integrity Act (S.2400) was introduced in July 2025, not enacted as of August 2026

US Treasury assessments in 2022–2024 likewise did not rank conventional art among the highest-risk areas, and the bill under discussion would extend the Bank Secrecy Act regime to dealers, galleries, auction houses and museums.

Expensive collections are often registered to a company, foundation (Liechtenstein or Panama) or trust — for the sake of continuity, limitation of liability and confidentiality. Another form of ownership is the charitable foundation with public access to the collection: a private museum involves relinquishing control over the asset in exchange for an FMV deduction, with an obligation to exhibit.

The anonymity of these ownership structures is declining: beneficial owner registers and counterparty due diligence identify the beneficial owners. The ownership structure is therefore selected for a specific task — transfer to heirs, collateral for credit instead of a sale or consolidation of family assets in a family office — and its economic substance must be real.

Succession and insurance

A collection requires specific succession planning. It needs to be valued, described and the question of situs resolved — the physical location on which applicable law and tax depend: an item stored in the US risks falling under local estate tax regardless of the owner's residence. Low liquidity sometimes forces heirs to sell part of the collection urgently to pay tax, often in a falling market. A catalog, insurance coverage and clear instructions for each item remove a significant part of future disputes.

Art by country: import, resale right, export, wealth tax and AML

Eight markets account for most cross-border art transactions involving private collectors. Their costs and regulatory requirements differ in five areas relevant before the assessment of capital gains on collectibles.

CountryVAT on importing a work of artArtist's resale rightExport controlWealth tax on artAML trigger for dealers
France5.5%yes, from €750EU licence outside the EU; national certificate above value thresholdsno: IFI reaches real estate only€10,000
Germany7%yes, from €400EU licence outside the EU; licence within the EU for paintings over 75 years and €300,000 (KGSG)none levied€10,000
United Kingdomeffective 5% through reduced valuationyes, ARR from £1,000licence for objects over 50 years above value thresholdsnone€10,000; HMRC registration for art market participants
Italy5% from 1 July 2025 (DL 95/2025)yes, from €3,000certificate for works over 70 years by deceased artists above €13,500none on domestic holdings€10,000
Switzerland8.1%, no reduced ratenoonly for goods on the federal registeryes, cantonal wealth taxcash payments above CHF 100,000
United Statesno VAT; works of art enter duty-free; state sales or use taxnono general licence for artnone; federal estate tax on US situsantiquities dealers only; art bill pending
Spain10% (art. 91.Uno.4 LIVA)yes, from €800permit for goods over 100 years or listed; EU licence outside the EUyes, with exemptions for heritage items€10,000
Netherlands9%yesEU licence outside the EU; protected objects under the Heritage Actbox 3 excludes art held for personal use€10,000

The EU applies the resale right on the sliding scale of Directive 2001/84/EC — 4% on the first band down to 0.25%, capped at €12,500 per sale — with national thresholds: €800 in Spain under art. 24 of the Intellectual Property Law, €3,000 in Italy as SIAE applies it; the United Kingdom has run the same scale in sterling since 1 April 2024, from £1,000 and capped at £12,500 (Artist's Resale Right Regulations 2006, reg. 12 and Sch. 1); the Italian import rate is set by art. 9 of Decreto-Legge 95/2025 and the Spanish one by art. 91.Uno.4 of Ley 37/1992. The EU export regime is Regulation (EC) No 116/2009, which requires a licence for cultural goods leaving the Union above the category thresholds of its annex whatever the member state of exit.

Location, transaction costs and regulatory requirements

Import VAT is the one-off cost that most often decides where a work first enters the EU. A work bought in New York or Geneva can be imported at 5% in Italy, 5.5% in France or 7% in Germany, against 9% in the Netherlands and 10% in Spain; once in free circulation it moves between member states without further import VAT. The United Kingdom's effective 5% is the cheapest point of entry outside the Union, and the United States charges no import tax on works of art at all — the cost there is state sales or use tax on the purchase, which is why Delaware, with no sales tax, became a storage hub alongside the Swiss freeports.

Resale right obligations differ by jurisdiction: every EU state and the United Kingdom collect it on the resale of works by living artists and those who died within the last 70 years, while Switzerland and the United States do not. For a seller of contemporary work the cap of €12,500 per sale matters more than the percentage; for a buyer it is a cost the auction house passes on.

Export control and wealth tax affect different types of collection. Old masters and antiquities are subject to export licensing — the strictest in Italy, where the threshold is €13,500 for works over 70 years by deceased artists, and in Spain, where any object over 100 years needs a permit. Wealth tax applies to art only in Spain and in the Swiss cantons, and even there heritage items and household effects are carved out on conditions; France expressly took art outside the IFI, and the Netherlands leaves art held for personal use outside box 3.

Restitution is the constraint that no tax planning removes. Claims to works lost between 1933 and 1945 are heard by dedicated bodies in the United Kingdom (the Spoliation Advisory Panel), the Netherlands (the Restitutiecommissie) and France (the CIVS), and in the United States the HEAR Act of 2016 runs the limitation period from actual discovery of the work and the claimant's interest. A gap in provenance for those years makes a work hard to export, lend or sell in every country in the table, so the verification of art title and provenance precedes any ownership structuring.

Import, storage and sale by collector profile

ProfileRelevant factorLegal and tax considerations
EU resident buying a €2m work at a New York saleimport VAT at the point of entryItaly €100,000, France €110,000, Germany €140,000, Netherlands €180,000, Spain €200,000
Collector who trades actively across bordersdeferral of duty and VAT while goods are in transitSwiss freeport or an EU customs warehouse
Seller of contemporary worksresale rightSwiss or US sale avoids it; capped at €12,500 per work in the EU and £12,500 in the UK
Owner of old masters or antiquitiesexport licensinglicence before any move; Italian and Spanish works are the hardest to take out
Resident of Spain or a Swiss cantonannual wealth taxvaluation discipline and use of the heritage exemptions

Frequently asked questions

Does art really diversify if it produces no income?

Yes, but it is illiquid diversification with no cash flow. The outcome depends on the particular artist, condition, provenance and timing of sale, while storage, insurance and transaction costs continuously reduce returns. The collection should therefore be measured separately from the liquid portfolio and given a defined exit horizon.

What documents should be checked before paying for a work?

Obtain an unbroken ownership history, evidence of the seller’s authority, authenticity and condition reports, and import and export records. Any provenance gap should be checked against loss and restitution databases; the contract should allocate the risk of forgery, defective title and a later third-party claim.

Is the buyer’s premium the whole cost of the transaction?

No. Taxes or import charges, expertise, transport, insurance and storage sit on top of the price and buyer’s premium; seller’s commission and capital-gains tax may arise on exit. Compare works by total ownership cost and net sale proceeds, not by the auction hammer price.

Will a gallery run AML checks on me?

Yes, where its role and the transaction fall within the local regime. In the EU, art dealers, intermediaries and storage operators conduct due diligence for a transaction or linked transactions of EUR 10,000 or more. Check another country’s threshold and scope at the transaction date; the review normally covers the customer, beneficial owner, source of funds and sanctions risk.

How can a collection pass to heirs without a fire sale?

Prepare a catalogue recording each item’s location, title, valuation and insurance, then identify the legal owner and access rules. Model the tax and cash reserve separately, appoint the person responsible for custody and sale, and give the executor instructions that do not expose sensitive information in a public document.

Where is it cheapest to import a work of art into Europe?

Inside the EU, Italy at 5% since 1 July 2025 and France at 5.5%, then Germany at 7%, the Netherlands at 9% and Spain at 10%; once imported, the work circulates within the EU without further import VAT. Outside the Union, the United Kingdom applies an effective 5% through reduced valuation. Switzerland charges its standard 8.1% on import, but works held in a freeport and treated as in transit bear no duty or VAT until they are released.

Does wealth tax reach a private collection?

In few places. Spain includes art in its wealth tax, with exemptions for items of Spanish historic heritage, and Swiss cantons tax art as part of net wealth, with household effects often carved out. France removed art from the base when it replaced the ISF with the IFI on real estate, and the Netherlands leaves art held for personal use outside box 3. Germany, Italy, the United Kingdom and the United States levy no annual wealth tax on it, though US-situs works fall within federal estate tax on death.

Discuss “Art and Collectibles as an Asset Class”

Alena Peteneva
Author of the materialAlena PetenevaLawyer, Family Office

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