Why The Tax Rate For Art Sales Should Be Lowered

"Man will begin to recover the moment he takes artseeking differentiable living experiences. In connection
as seriously as physics, chemistry or money" Ernstwith its recent renovation, the Aventura Mall in South
LevyFlorida now includes a twelve-piece, museum-quality
What's the best capital gains tax rate for the sale ofart collection designed to be a destination in a clear
artwork? There are currently several argumentsindication that creativity is valued and valuable.
being made against reducing the capital gains tax rateIn the third study conducted by the group Americans
on the sale of artwork from the current level offor the Arts titled Arts and Economic Prosperity III,
28% to the 15% rate enjoyed by sellers of realdata was collected from 116 cities and counties, 35
estate, securities and other assets. Argumentsmulti-county regions, and five states. The areas
against the reduction center around the view that artstretched from Walnut Creek, California to
is not an asset which plays any real role in economicAnchorage, Alaska. They found that nationally, the
activity, particularly job creation, and revenuearts generate $166.2 billion in annual economic activity,
generation. Nothing could be further from the truth.up 24% over the past five years. That's greater
When the forces against tax reduction argue that tothan the 2006 GDP of either Malaysia, Chile, the
do so might shift money into art at the expense ofCzech Republic, Columbia, Singapore, and the list goes
more productive activities they fail to appreciate theon! Furthermore, the arts provide 5.7 million jobs and
significant and documented economic impact that artcontribute $104.2 billion to household income,and, they
has made and continues to make on everything fromproduce $30 billion in annual local, state, and federal
job creation, to neighborhood redevelopment torevenue.
tourism.Two specific examples: In Baltimore City, Maryland,
Uneven tax policy has also played a role in reducingthe arts are responsible for $270 million annually,
museum offerings, and hence the public's access toprovide 6,500 jobs, and generate $12.6 million in local
art as a result of the tax treatment of artists. Sincegovernment revenue. In a study released in June,
they are only allowed to write off the cost of2007, Rochester, New York (Monroe County)
materials for donated works instead of the faircalculated that the attendance and sales revenues
market value of the artwork, artists are less inclinedgenerated by its arts and cultural organizations were
to make donations. The negative impact on museumsresponsible for a total $199 million annual infusion into
is compounded by the strength of the art market ofits economy.
late, particularly for Contemporary art, all of whichFar from playing a neutral role in this country's
reduces museums' ability to acquire work.economy, art continues to demonstrate its uniquely
Nevertheless, the value of innovation to our societyproductive role as a strong generator of jobs and
is becoming more and more clear. Businesses thattax revenue, just as any other important industry.
own and display art are perceived as being moreTherefore there really isn't any defensible rationale
innovative, interesting and desirable places to work.for penalizing art investors with an incremental 40%
Real estate developers are incorporating art galleriestax bill.
into new condominium towers to entice buyers