The “Reform DDL overcomes EU alu rate gap and only if speculation triggers capital gains.” Marilena Pirrelli’s interview with Giuliano Foglia in Il Sole 24 Ore.

10 July 2023

Reducing the rate applicable to imports of works of art and extending this treatment to supplies of art, antiques and collectibles: this is the goal of the bill before the House today. A measure that could promote, even in the secondary market, greater circulation of works.

Italy applies the ordinary tax rate, thus standing at much higher levels than other states. In fact, the reduced rate of 10 percent is provided only for imports, which are further aggravated by customs duties, and for supplies made directly by artists.

The VAT intervention is not the only one related to the world of art, but it is also expected to introduce, among “miscellaneous income,” a specific tax case for individuals on the capital gains obtained from the sale and purchase of works, with the aim of making taxable the capital gains obtained, outside the business activity, by those who buy and sell with speculative intent art objects, antiques or collectibles

The focal point will be the distinction between the figure of the simple collector, who in the case of occasional sales should not be taxed, and the speculator, whose capital gains will become relevant for IRPEF purposes.”