Original Artwork May Soon Be Exempt from Sales Tax in Florida
- Jan 2, 2015 | Gail Cole
A Florida lawmaker has introduced legislation seeking to exempt certain original works of art from sales and use tax. Although similar legislation died in the Florida House last year--in part over confusion about the definition of original artwork--Representative David Richardson (D) believes it will be approved this time around.
Richardson argues that “[p]aying sales tax when buying an original, signed piece of art, then paying capital gains tax when it is sold for a profit, amounts to double taxation.” He says, “You don’t pay a sales tax when you buy stocks. I don’t think investment art should be taxed.”
Under HB 89, the “sale of an original work of art that is signed and sold by the artist is exempt from [sales tax]… if the work is not numbered and the sales price equals or exceeds $1,000.” Original artwork is defined as “the expression or application of human creative skill and imagination in the form of a one-of-a kind piece to be appreciated primarily for its beauty or emotional power, the value of which is attributable predominantly to its artistic importance.”
Original artwork includes:
- Framed or unframed paintings
- Traditional and fine crafts
- Hand-blown glass art
- Installation art
Original artwork does not include:
- Performance arts
- Numbered prints
- Artist proofs
- Artifacts of joint historical and artistic importance
- Designer clothing and other wearable art
- Food products
- Floral arrangements
- Light installations
- And other collectibles not specifically included in the bill.
If approved as written, the bill would take effect on July 1, 2015.
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