Estate Planning for Your Art Collection

art-collectionsAs an art collector, a good rule of thumb is to buy what you like, not what you expect to appreciate in value at the fastest rate. First and foremost, it’s a collection and something to be appreciated and enjoyed. Secondarily, it’s an investment. And when it comes to investments, there’s always one tricky thing to figure out: inheritance. An increasingly important part of estate planning is figuring out what will happen to your art when you are no longer around to appreciate it.

One problem many heirs run into when they inherit pieces or an entire collection is unwanted tax consequences, especially if the person isn’t related to the collector or simply isn’t as personally invested in the art as the owner once was. While the owner may feel a strong responsibility towards their art, it’s not necessarily going to resonate with their children or loved ones as much as it once did them. Family’s run into unintended challenges when resources have to be allocated towards something the collector is no longer around to cherish.

Luckily, there are specialist advisers well equipped to handle such issues. They have a deep understanding of tax law in estate planning and philanthropy as they apply to each country and it’s unique tax codes.

This vocation requires a specific background and niche expertise not just because of it’s complexity, but because it’s difficult to put a price on art. The value of art actually changes depending on your use for it. If you’re going to keep it, give it away, or lend it to an institution, you’re going to have different goals and priorities in mind.

For example, if you want to pass your Cezanne on to your children, it’s actually better for it to be valued as low as possible. Transfers to heirs are taxed at very high rates in most countries if the estate or gift amount is of a large enough value. You can appraise a piece of art for less for gifting purposes because it is illiquid, and there may not have been comparable sales in recent years. Because a precise value for the work is hard to gauge, tax authorities are likely to accept a low estimate, but it must come from an independent appraiser. Keep in mind, rules on valuation and tax treatment vary from country to country.

Lack of liquidity can sometimes help and sometimes hurt in estate planning. When you sell, the transaction occurs in a public market and is recorded, creating a potential taxable event for the new owners.

One complication comes when an illiquid asset generates a liquid liability. Say a collector’s heirs inherit $15 million of artwork and the same amount of liquid assets, as well as a $15 million estate tax bill. They can either sell the liquid assets to pay the bill which will leave them with all their wealth tied up in art, or they can sell the art.

Financial advisers often come up with complicated techniques for transferring ownership of art without transferring the art itself. For example, collectors can sell art to heirs and then lease it back to them, but the tax break, depends on a jurisdiction’s legal framework.

Another complication comes from a feature of many tax codes that state that property can be subject to estate tax wherever it is located when the owner dies. So, if you normally reside in Switzerland and decide to bring our Warhol to Quebec to hang in your second home, but die during your layover in Chicago, the United States will assess estate tax on the value of the Warhol. Even worse, because you are not an American citizen or resident, only the first $60,000 of the piece’s value escapes taxes, instead of the $5.43 million that is exempt for American citizens.

Another area of concern for art collectors is that of tax-efficient philanthropy. When giving art to an institution, you want to appraise in the opposite direction from which you would gift. In this case, it is best to get as high an estimate of valuation as possible in order to maximize the tax write-off. There is also a case where a collector may maintain ownership of an artwork for a given period, while lending their work to an institution. Under American law, a collector can lend work to an institution and take a prorated charitable deduction, but the collector must give the work away entirely within 10 years or at death (whichever comes first.)

Each country has its own set of rules and regulations towards estates, taxation, inheritance, etc, so it’s important to have an advisor skilled in every aspect of these laws and codes who can walk you through this complicated process. Without the proper planning, you can never be sure with whom or where your art collection may end up.

Collection On The Move

Sunbaker-Max-DupainThe infamous Sunbaker picture by Max Dupain from 1937 will be on the move after Minter Ellison, the owners of a large collection will be transferring fantastic pieces to the highest bidder. The law firm Minter Ellison has had marvelous artwork hanging in their Sydney office for over fifteen years. Unfortunately, the firm is moving to a warehouse styled office, which means they will not need artwork hanging around the office. The company owns 56 pieces of artwork, estimated roughly just under $2 million US dollars.

Even though the collection consists mostly of Australian photographs, the collection is still one of the top collections in all of Australia. It includes work from Tracey Moffatt, Bill Henson, and as mentioned earlier, Dupain. Minter Ellison is not the first company to sell a great collection of artwork. A few years back Foster’s Art Collection sold a collection for over $13 million US dollars. These collections are not uncommon with larger, prominent companies who use artwork to woo and get clients in the door, and show off success.

Although artwork is not a main facet for organizations, Sotheby’s Australia explains, “Large art collections of big companies to assess whether they should remain dormant on their books, as businesses look for new premises.”

Australia and Europe are known for their love of expensive artwork, and companies are joining this group by constantly owning collections which can be then sold for a great profit. The collection by Minter Ellison is expected to be sold July 21st.

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Swiss Cracking Down On Art Market Laundering

auction-dayAfter the recent FIFA scandal emerged, the Swiss government is now looking to crack down on the laundering of money and even art.

According to some sources, Russian leader Vladimir Putin bribed a FIFA executive with a Picasso painting in order to have Russia be a future host for the World Cup. The Swiss government already passed a law in parliament limiting the amount of cash that can be traded in a transaction as well as the ability to freeze assets in Swiss Bank accounts. The once highly trusted bank accounts in Switzerland, commonly used to smuggle or launder money, are now getting a major face lift due to the recent number of crimes gaining publicity.

The new law, which will be implemented in the beginning of 2016, only allows 100,000 CHF ($104,000) to be transferred in any cash transaction. This change directly targets the art market, since many auctions have pieces which sell well over the 100,000 CHF limit being imposed.

As the head of the Swiss Money Laundering Office, Stiliano Ordolli explains, these transfers are:

Payable by credit card or the seller must carry out due diligence obligations. Either the seller does not accept it or they must ask additional questions to be sure of the legal origins of funds.”

The reason for the change is not to make it difficult, but rather to protect people from laundering and other forms of extortion which can fly under the radar when cash is changing hands.

This move is expected to put a stop to fraud since all auctions must be made public and leave a paper trail. Recently, Freeport leader and art leader, Yves Bouvier was arrested for fraudulently selling paintings which were not done by the artist.

For more about Etienne, please visit Etienne Kiss-Borlase’s Official Website.

Picasso’s ‘Women of Algiers’ Sold!

BRITAIN-ART-AUCTION-PICASSOThis past weekend in New York, 35 lots of artwork went up for auction including some of the most prized art paintings and sculptures in history. Of the 35 lots sold, 34 of them racked in a total of $706 million.

One painting which was most coveted at the auction was Pablo Picasso’s painting Women of Algiers which sold for a record $179,365,000. The extremely high prices were driven by artworks investment value and by the wealthy collectors looking for the top artwork in the world.

Also sold at the auction was the Giacometti life size sculpture Pointing Man, which sold for an astonishing $141,285,000. These two pieces of art are some of the most expensive ever sold at an auction.

Fox News reported,

Pointing Man, depicting a skinny 5-foot-high bronze figure with extended arms, has been in the same private collection for 45 years. Giacometti, who died in 1966, made six casts of the work; four are in museums, and the others are in private hands and a foundation collection.”

The piece by Picasso, Women of Algiers, once owned by the American collectors Victor and Sally Ganz, was inspired by Picasso’s fascination with the 19th-century French artist Eugene Delacroix. It is part of a 15-work series Picasso created in 1954-55 designated with the letters A through O. It has appeared in several major museum retrospectives of the Spanish artist.

These pieces are just some of many which sold for millions this past weekend in New York.

For more about Etienne, please visit Etienne Kiss-Borlase’s official website.

Former Goldman Chairman – Art Collector Jackpot

portrait-of-beatrice-hastings-1915Former Goldman Sachs’ employee John Whitehead sadly passed away earlier this February, leaving behind a vast fortune including real estate, automobiles, and even art. For art collectors, Whitehead’s collection was a jackpot. John Whitehead possessed a total of 90-pieces in his collection, including rare pieces by Vincent Van Gogh, Pierre Bonnard, Claude Monet, and Amedeo Modigliani. His collection is valued at over $40 million.

It is reported that Whitehead had a few pieces valued from $7-$10 million, including the Portrait de Beatrice Hastings by Modigliani from 1916.

Whitehead began working at Goldman Sachs’ in the late 1940’s and worked his way up the corporate ladder. On the way he picked up a few tips and developed a love for the arts. John’s own art advisor Achim Moeller explained,

Naturally, I have always esteemed the relationship between the collector and his art advisor. For this reason alone, I regard my own with John Whitehead as an achievement, akin to noteworthy collector-advisor associations that have existed through a great part of art history.”

Both Whitehead and Moeller hoped the vast collection would be sold in a lot to keep the art together, but it is evident that the pieces will create a greater profit if they are solid separately.

Besides the Beatrice Hastings piece, he also has a Claude Money from 1888, Paysage de matin, which is expected to bring in anywhere from $6-$8 million alone.

Whitehead used his Wall Street wits to land him most of his collection, but he did get lucky in some scenarios purchasing the Modigliani for only $10,500, now worth over $10 million. Whitehead explained in his biography,

This sort of appraisal was entirely new to me, nothing like anything I’d had to do at Goldman Sachs or any other aspect of my life … but I remained enough of a financier that I took an interest in the prices, and I tried to predict what price an individual piece would go for at auction.”

Rather then going for the main auction at the show, he would go for the ones which he believed would increase in value overtime. This strategy worked leaving him close to $100 million in art work.

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