Art Investment

The art market and Brexit: give me my money.

31 January, with the next attempt, "Brakcet" began: the UK officially began the withdrawal from the European Union. AI knows of confirmed and possible consequences "Brakcet" for the art market.

most of the news in recent days, diligent frightening irreversibility "of Broksita", missing the important question: in what state is approached the time of the official release of the United art-рынок the UK and the EU? In 2018 the UK had 21 % (only USA) sales world and 66 % of European (more precisely, the countries belonging to the EU) art-рынка (data Art Basel and UBS Global Art Market Report 2019). In other words, with the UK, European art-рынок accounted for 32 % of worldwide turnover, without it — only 11 %. More importantly, nearly half a century the second largest marketplace (London) was historically legally tied to the largest seat of art objects in private hands (Europe). Arranged logistics, customs rules and fees, taxation, joint exhibition projects of the Museum, collectors, keeping meetings on different sides of La-Манша, — need to offer stress. And now, perhaps, and erase.

on 31 January, on the third attempt, "Brakcet" finally began. The final design of a British exit from the EU allocated another 11 months, and during this period the art market will balance at the intersection of two laws – obeying one law and preparing for the introduction of others. AI has brought together the major changes, dividing the persons involved in art-рынка into three conventional categories: remaining in the loss of the purchasing benefit and are in limbo.

the loser:

1. The company trudoustroitsya EU citizens
In a number of British auction houses, galleries and museums working immigrants from Eastern Europe and countries of the Balkan region. The reason is obvious: ceteris paribus, they are paid less. If, taking into account the new rules on the registration of workers, employers will not suffer much from additional costs on their maintenance, they will remain. No — will return to raise regional markets.

2. Large gallery of trading with EU citizens
Many international collectors and galleries, until recently expected that between the UK and Brussels will sign an agreement on a temporary restriction of the consequences "of Breccia" in relation to the art market. Meanwhile their space in Paris in 2019 opened David Zwirner, following planning approach Hauser & Wirth and Pace. "Brexit changes the game. After October my London gallery will be British, not European. I am European, and I also need a European gallery", — said David Tsvirner in an interview to the Financial Times. For the high-sounding phrase hidden fiscal prudence: the gallery in advance carry a revolving Fund for their work to minimize tax costs. The problem for galleries, which will remain in London, will need to return to artists from the EU works, which were not sold within a certain regime of temporary import period.

3. Fair with a large share of the European galleries
currently, the art from the EU, temporarily imported for such fairs as Frieze, or Masterpiece, is still exempt from import duties and VAT in the Customs Union of the EU. From 2021 to many galleries will have to review your schedule international presence — say, in the directionThe 0% import duty. In addition, some of the London museums you can stop renting works for temporary exhibitions from the collections in the EU — and Vice versa.

4. Collectors from the EU, who are used to buy / sell art at a public auction in London
and that used to buy, because now collectors are faced with the usual practice of foreigners: transactions in major auction houses on one lot in some cases may require 40 accounting operations and last up to 180 days. In addition, the final sales price, warranties, and commissions will be recorded in British pounds and converted in Euro not loyal rate of the European Central Bank, and at a better auction houses. That such exists, no doubt.

win:

1. Lawyers
In an era of change, which warned Chinese proverb and theme 58-й Venice Biennale, the more benefit the profession, designed to interpret rapidly changing legislation. Lawyers — principal beneficiaries "of Breccia" in the next 11 months, and possibly longer. Today, many galleries are combined into pools for the collective legal advice: the case when common misfortune unites competitors.

2. Logistics company
Starting in 2019 at a major London trade fair participants from the EU tried to deliver the work well in advance, taking into account possible lengthy customs clearance. Logistics companies that are most quickly Orient in the new legislation, expected to raise prices for services. Less agile will be pleased to provide registrants with paid storage services for the entire duration of customs clearance.

3. The counterfeiters
If delivery of original works of high price categories: from the EU to London will not be useful, we need the artwork will appear in London without crossing the channel. With the well-documented and convincing provenance. Unfortunately, fake.

In limbo:

1. Doing transactions over €10 thousand
"the Fifth anti-отмывочная Directive" of the European Parliament aimed at strengthening the fight against money laundering and the financing of terrorism, entered into force on 10 January 2020. From this moment on the territory of the EU the buyer of art objects worth more than €10 thousand is obliged to disclose the name of the seller. With a similar procedure encountered London Art fair, held from 22 to 26 January: some galleries are deliberately understated the price to €10 thousand, others require buyers to present to scan passports. But it's not so bad: now, in accordance with the General regulation on data protection EC received information about the buyer to the galleries must be a special way to store on a dedicated server — and to report annually to its safety.

2. Artists aspiring to royalty at resale of works
the UK adopted the law on the protection of the rights of artists in the resale of works much later than the other countries, only in 2006, under pressure of the EU Directive. One of the first its approval of the new law was expressed by Damien Hirst — now he gets the money from the resale by third parties of any of the author's subjectvalue in excess of €1 thousand, However, the side collectors not wishing to pay additional royalties, unexpectedly took the Briton David Hockney — is one of the most expensive among living artists, and is incredibly revered at home (despite moving to the USA). The voice of one of the two bearers, market or intellectual, will be stronger after the "Breccia" — question with unpredictable response.

3. European collectors wishing to buy in London art over 250 years
In April 2019, the European Council adopted new rules to curb illicit trafficking in cultural property, including — requirement on the issuance of permits for the import of artifacts that are older than 250 years. Rules, which must be entered before 2025 apply to the cultural values imported from countries outside the EU, and require the importers to provide proof that their items were legally exported from the country of origin. At the discretion of the authorities, the imported object can have either an import license or a simple statement from the exporter. In the UK, traditionally a high concentration of artifacts and archaic, as a rule, in private galleries. No less traditional is the lack of distinct documents about the origin of such.

a Brief summary of AI:

In the UK, through the London auction houses and fairs, are made the most expensive purchase of the Old world. In the first years of the "Breccia" the uncertainty of future regulation can lead to reduced mobility of art that is one of its main characteristics as an asset.

further, dividing the legal heritage of the EU into "useful" and "harmful", the UK has the potential to do internal art market is more profitable for all participants in art-рынка international.

Until the end of the transitional period, the UK must comply with applicable EU standards, as well as any other EU legislation which may come into force in this area over the next eleven months. After this disagreement will depend on the nature of the future of Britain's relationship with the EU. January 1, 2021 — new date in the minds of market participants, from which we can talk about the results and prospects. The short litmus test on the willingness of the art higher price to counter the "Broksita" will be the February auction Sotheby's and Christie's in London.

"Give me my money!" — at the time, the phrase Prime Minister-министра of great Britain Margaret Thatcher, the European Union went down in history as the manifest disagreement with the allocation of funds from the EU. Then, in 1980-х, the "Iron lady" insisted that 2/3 of the annual membership contributions of the UK to Europe returned to the Royal Treasury. In the case of "Broksita", in relation to the art market, the message from the UK remains unchanged. Importantly, Europe has not responded to this: "Then give me back my pictures".


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