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spacious lounge room with soft furnitureFinal month, I wrote about how the tax law handed in 2017 - formally the Tax Cuts and Jobs Act (TCJA) - will soon convey massive adjustments to charitable giving. Based mostly on reader suggestions, I now need to address a longstanding practice concerning charitable giving in the art world that needs to end. I’ve written on this topic earlier than for Art F City, however the apply continues in the artwork world, and beauty it bears revisiting. This practice often begins with a conversation: director of non-revenue X asks artist Y to donate an artwork for an upcoming fundraiser (or generally its a for-revenue group soliciting work for a charity fundraiser). Artist Y is hesitant - he’s been asked for work from five totally different organizations within the final month. The arts group director makes a obscure mention of tax deductions, and so the artist agrees to donate a small painting. A few months after the benefit, the artist opens a letter from the group, saying thanks for the donated work, and listing its sale value.


makeWith this seemingly official letter in hand, it’s straightforward for the artist to conclude that they will deduct that sales price on their taxes. But this is wrong. Here’s why: when an artist makes work, the IRS considers that work to be a "self-created asset." The artist can take a deduction only for the cost of materials, not the labor. But for most artists, the value of the work derives mainly from the labor that they put into it. Image a piece by artist El Anatsui, whose shimmering chainmail-like tapestries are painstakingly stitched collectively out of bottle caps. The supplies by themselves are nugatory -it’s the labor that turns them into artwork. Despite that, below the current tax code, if El Anatsui used 30,000 discovered objects plus $10 of fasteners, and spent 1,000 hours of labor creating a piece, he’d get to deduct simply $10 for donating that piece. It will get worse. If you’re an expert artist (versus a hobbyist), you operate an arts business. C ontent has  been g᠎enerat ed  with the ​help  of G SA  C onte​nt Generator Dem over᠎si​on.


Because of this on the same tax form the place you list your artwork revenue (that’s your Schedule C), you additionally get to list your expenses. That is nice, because it means you’re only paying taxes in your revenue - not in your total revenue. The IRS doesn't permit "double-dipping," nevertheless. So if you’ve deducted the materials once as an art expense on your tax return, chances are you'll not then deduct them again as a charitable expense. In other words, before you ever donated the piece, you already had all the deduction you have been going to get for it. When you donate work to the charity, you might help a corporation do good work, you might get the warm fuzzies, you might get a mention on the brochure, but you do not get any tax deduction. I’m each an artist and an accountant, so I’ve been on both sides of this issue - I’ve donated plenty of artwork to art benefits, and that i also do the taxes of many artists who donate artwork and often feel cheated after they learn that their donation offers them no profit on their taxes regardless of what felt like a promise (or at the very least a suggestion) from the group to which they donated. Non-income, I really feel for you. You need funds, and there are modifications in the tax legislation this year which might be going to severely harm your backside line (see my last article). However can all of us agree to finish the observe of soliciting artwork with guarantees - and even ideas - of tax deductions? It’s unfair and misleading. And we all know you’re higher than that. Artists are usually generous, and wish that will help you do good. So I’m calling on you to maintain your solicitations centered on your good work and the way the artist’s donation will make it easier to do more of it. DISCLAIMER: True tax advice is a two-approach conversation, and your accountant needs to hear your full situation to use the foundations appropriately in your case. This post is meant for common info only. Please don’t act on this alone.


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