TEFAF and tax-friendly arts schemes

Don't want to pay inheritance tax?

Did you know that with art, a work of art, or cultural property, you can sometimes pay (part of) the inheritance tax due. In return, you transfer the object to the government.

Items that may be eligible include:

• paintings
• sculptures
• furniture
• vases
• furnishings of castles or country estates
• archives
• historical utensils

Remission scheme

To qualify for the remission scheme, the artwork must meet specific conditions. A specially appointed advisory committee assesses whether your artwork meets these requirements.

You can already have an item assessed for eligibility. This is called a living request.

To qualify for inheritance tax relief, the artwork or cultural property must be of national cultural-historical or art-historical significance. This is the case if it meets one of the following conditions:

• The object is listed in the Register of Protected Cultural Objects and Collections (Heritage Act). You can look it up in the Register/List | Government Information and Heritage Inspectorate (inspectie-oe.nl) .
• The artwork is not listed in the register, but it does meet the criteria for designation and inclusion in the register. The object:
  1. is regularly exhibited
  2. is a highlight in the oeuvre of a famous artist
  3. is important because of its origin
  4. is part of a valuable collection

It's not required that the artwork be made by a Dutch artist or originate from the Netherlands. Art from abroad may also be eligible for the scheme.

How much inheritance tax relief can you get?

You can receive a waiver up to the value of the property plus 20%. You can never receive a waiver equal to the amount of inheritance tax and interest you owe.

Example 1
You owe €9,000 in inheritance tax plus interest on the tax. You transfer a work of art to the government with a value of €10,000. You can currently receive a tax waiver for up to €12,000, but never more than the amount you owe. You will receive a tax waiver for €9,000.

Example 2
You owe €20,000 in inheritance tax and interest on the tax. You transfer a work of art worth €10,000 to the government. You receive a €12,000 remission. You still owe €8,000 in inheritance tax and interest on the tax.

We are happy to assist you

And there are more interesting options we'd love to discuss with you. Would you like advice on this topic? Visit us or call us to schedule an appointment for an in-office meeting or a video call at +31 (0)10 44 53 777. We look forward to seeing you.



This article should not be considered legal advice. MAES Notarissen takes the utmost care in the content of its articles, but accepts no liability for any incompleteness or inaccuracy of an article, nor for any consequences thereof.