Brian Tucker, renowned arts accountant and patron of the arts has kindly supplied us with the following information about the Australian Federal Governments stimulus package as it relates to the purchase of art works. Time is running out to take advantage of this opportunity which ends on 31 December 2009.
"A business that purchases assets on which depreciation is claimed may be in a position to take advantage of the Business Tax Break, which is a tax deduction that can be claimed over and above the regular claim for depreciation or decline-in-value. So, who, what and when?
To be able to claim the extra deduction, you have to be in business and able to claim a tax deduction for depreciation, whether as a sole trader, partnership, company, trust etc. Obviously it will have no relevance then, for an Income Tax Exempt Charity, or for someone earning income from wages only.
If, then, you are in business, the next question is one of timing and turnover:
Up to 30 June 2009 –
If your turnover is below $2000000 you will need to have bought or ordered an asset between 13 December 2008 and 31 December 2009, and the asset, bought or at least ordered by that date, must be in your possession and ready for use by 31 December 2010. If you meet these deadlines you will be entitled to the extra 50% deduction.
If your turnover is over $2000000 you must have bought or ordered the asset by 30 June 2009 and have the asset ready for use by 30 June 2010 in order to qualify for an extra 30% deduction. If the asset cannot be installed/ready for use by 30 June 2010 you will get an extra 10% deduction if the asset is installed/ready for use by 31 December 2010.
Between 1 July 2009 and 31 December 2009 –
If your turnover is below $2000000 – as above
If your turnover is over $2000000 you will be entitled to an extra 10% deduction as long as the asset is bought or ordered before 31 December 2009 and installed/ready for use by 31 December 2010.
So how much do you need to spend?
For small businesses (under $2000000 turnover) the minimum spend is $1000, for large businesses the spend is $10000.
And on what?
Well, the asset must be new; for example, a demonstrator car is not “new” – so you have to be, in one sense, the first user of the asset. As noted, it must be a depreciable asset, and that includes production and office equipment, office furniture, and so on (but excludes computer software).
So where do works of art fit into this?
Works of Art are listed in the ATO’s Effective Life Tables (which confirms their status as a “depreciable asset”) and so they also qualify for the tax break, providing the cost is at least $1000/$10000. This would include, for example, a suite of prints, where, individually, the cost might be, say $500, but as a suite of 10 the cost would be over the threshold (for a small business anyway). For small businesses, and where the effective life, on which the depreciation rate is calculated, is 100 years (with a resulting prime cost depreciation rate of 1%) this does mean that works of art are attractive in a tax, as well as aesthetic, sense.
To qualify, the work would have to have been acquired from either the artist or from a dealer or gallery selling the work on behalf of the artist, or, in the case of Aboriginal and Torres Strait Islander artists, the Art Centre representing the artist. The cost of the artwork would also include any associated costs of stretching or framing. Works bought on the secondary market would not necessarily qualify as new assets. It would also mean that you couldn’t sell works that you owned personally, to your business.
Because the asset has to be used in the carrying on of a business, artworks purchased for investment only, including superannuation funds, would not qualify
There has been a suggestion that, to qualify for the tax break, the work must have been created by a professional artist who is registered with an Australian Business Number. As this would clearly affect Aboriginal artists who may not have an ABN, and are regarded as the seller of the work, we have sought further clarification from the Australian Tax Office on this matter to ensure that such artists are not excluded from the definition of “professional artist”.
How does it work?
You claim the tax break as a further deduction when lodging your tax return; if the tax break creates a loss in the business, then that loss gets carried forward.
If you finance the purchase, that’s okay as long as you are actually the owner of the asset, and not the financing entity.
If you are registered for GST it is the GST exclusive cost that is relevant.
The work must be used substantially in your business, that is, not sometimes at home, sometimes in the office.
If the work is later sold, unlike depreciation, there is no “claw-back” of deductions previously claimed. "
Brian Tucker CPA www.briantuckercpa.org