The Commission has requested Austria to change its rules on the value-added tax (VAT) treatment of resale rights on works of art. Resale rights – which give rise to what are commonly known as 'royalties' - constitute an intellectual property right which allows an artist to receive a percentage of the sale price of a work of art when it is resold.
In Austria, VAT is charged on the resale of works of art. As there is no contractual relationship of any kind between the buyer and the artist, the Commission considers that such a provision is an infringement of Article 2 of the VAT Directive (Council Directive 2006/112/EC).
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