Taxation and Cultural Heritage.
A comparative and interdisciplinary study on how tax law and budgetary policies - both international and domestic - have an impact on the protection and promotion of cultural heritage.
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Place / Publishing House: | Amsterdam : : IBFD Publications USA, Incorporated,, 2022. ©2022. |
Year of Publication: | 2022 |
Edition: | 1st ed. |
Language: | English |
Online Access: | |
Physical Description: | 1 online resource (458 pages) |
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Table of Contents:
- Cover
- Title
- Copyright
- Chapter 1: Introduction
- Chapter 2: Public Finance and Tax Measures for Cultural Heritage: Issues, Methodologies and Guidelines
- 2.1. Themes, problems and objectives
- 2.2. The reasons why states finance cultural heritage
- 2.3. The policies of the European Union
- 2.3.1. From the prohibition to modernization of State aid
- 2.4. The role of UNESCO and its current crisis
- 2.5. Comparative analysis
- Part 1: International and European Legal Framework
- Chapter 3: The OECD Guidelines and Their Impact on National Policies for Cultural Heritage
- Summary
- 3.1. Introduction
- 3.2. Public intervention for culture - The cultural economics perspective
- 3.3. Policy transfer
- 3.4. The notion of culture
- 3.5. The OECD - A brief introduction
- 3.6. The OECD and cultural heritage
- 3.7. Conclusion
- Chapter 4: The Funding of World Cultural Heritage by UNESCO
- 4.1. Introduction
- 4.2. Internal organization and financial resources
- 4.3. Direct funding from UNESCO
- 4.3.1. Inclusion on the World Heritage List
- 4.3.2. International assistance
- 4.3.3. Protection of world heritage in danger
- 4.4. Involvement of the private sector: The case of public-private partnerships
- 4.5. Conclusion
- Chapter 5: Financing the Protection of Cultural Heritage in the European Union: The Legal Framework for Tax and Non-Tax Instruments
- 5.1. Introduction
- 5.2. EU competences in the area of culture and the protection of cultural heritage
- 5.3. The principles of the EU framework for action on cultural heritage
- 5.4. EU direct and indirect funding and tax incentives for private financing: The ambiguous EU legal framework
- 5.5. Future perspectives: Common cultural heritage, common institutions, common taxes?
- Chapter 6: European Ties to Tax Policies and the State Aid System.
- 6.1. Introduction: Culture, EU law and tax policy
- 6.1.1. Defining culture: Legal transplants and the autonomy of EU law
- 6.2. EU State aid policy
- 6.2.1. The notion of State aid
- 6.2.1.1. When is there an economic activity?
- 6.2.1.2. When is there an effect on trade?
- 6.2.1.3. Where to draw the line? Situations in which there is no State aid
- 6.2.2. The need to notify as a general rule
- 6.2.3. The General Block Exemption Regulation
- 6.2.4. The exceptional flexibility in the COVID-19 crisis
- 6.3. Conclusion
- Chapter 7: The Public Funding of Culture: The Uncertain Boundary between State Aid and Non-State Aid
- 7.1. Introduction
- 7.2. From the Leipzig-Halle judgment to Regulation 651/2014
- 7.3. The Commission Notice on the notion of State aid and culture as economic activity
- 7.3.1. The effects on competition and trade between Member States
- 7.4. Conclusion
- Chapter 8: Cultural Heritage, Taxation and Constitutional Traditions Common to EU Member States: Exploring the Scope of Article 167 of the TFEU
- 8.1. Introduction
- 8.2. A twofold constitutional dimension of culture
- 8.3. The national tax measures to preserve cultural sites: Criticisms of the state dimension of cultural heritage
- 8.4. Towards a people-centred approach to preserving cultural heritage: An EU proposal to enforce cultural rights
- 8.4.1. The need for a specific tax regime to engage communities in preserving cultural heritage
- 8.4.2. The European Union's role in fostering a community-centred approach to preserving cultural heritage
- 8.5. Conclusion
- Chapter 9: International Tax Treaties and Cultural Heritage
- 9.1. Introduction
- 9.2. OECD Model
- 9.2.1. Scope of DTCs: Residence
- 9.2.2. Special tax regimes
- 9.2.3. Limitation-on-benefits clauses
- 9.2.4. No mutual recognition, notwithstanding the non-discrimination article.
- 9.2.5. Conclusion on the position of cultural heritage charities under treaties based on the OECD Model
- 9.3. UN Model
- 9.4. US Model
- 9.4.1. Scope: Residence
- 9.4.2. Special tax regimes
- 9.4.3. Limitations on benefits
- 9.4.4. Non-discrimination and reciprocal exemption of charities
- 9.4.5. Donors to charities
- 9.5. OECD Model on taxes on estates, inheritance and gifts
- 9.5.1. Commentary on the OECD EIGMC
- 9.5.2. Examples of gift and inheritance treaties referring to charities
- 9.6. US Estate and Gift Model Convention
- 9.7. Conclusion
- Part 2: National Experiences
- Chapter 10: The US Experience
- 10.1. Introduction
- 10.1.1. Federal context
- 10.1.2. State and local context
- 10.1.3. Tax context
- 10.2. Systemic framework
- 10.2.1. Tax incentives for cultural heritage owners
- 10.2.1.1. Tax deduction for donations of full title to property
- 10.2.1.2. Tax deduction for donations of a partial interest in real property
- 10.2.1.3. Tax credit for rehabilitation of historic structures
- 10.2.1.4. Relief from local property taxes
- 10.2.2. Tax incentives for patrons
- 10.2.3. Tax incentives for museums and other non-profit organizations
- 10.2.4. Tax incentives for art cities
- 10.3. Tax incentives for attracting international investors
- 10.4. Best practices
- 10.4.1. The importance of the charitable deduction
- 10.4.2. Reliance on non-tax experts
- 10.4.3. The intricacies of the deduction for conservation easements
- 10.5. Conclusion
- Chapter 11: The French Experience
- 11.1. Introduction
- 11.2. Systematic framework
- 11.2.1. Tax incentives for cultural heritage owners
- 11.2.2. Tax incentives for patrons
- 11.2.3. Tax incentives for museums and non-profits
- 11.2.4. Tax incentives for art cities
- 11.3. Tax incentives for attracting international investors
- 11.4. Best practices.
- 11.5. Conclusion
- Chapter 12: The Italian Experience
- 12.1. Introduction
- 12.2. Systematic framework
- 12.2.1. Tax incentives for cultural heritage owners
- 12.2.1.1. A deduction for the maintenance expenses of historical-artistic movable or immovable assets (articles 15 and 100 of the TUIR) incurred by those obliged to maintain such assets
- 12.2.1.2. Reductions in income tax for owners of historical-artistic property (articles 37 and 90 of the TUIR)
- 12.2.1.3. Reductions in property taxes for owners of real estate of historical-artistic interest (article 1(747) of Law no. 160/2019)
- 12.2.1.4. Exemption from inheritance and gift tax (article 13 of Legislative Decree no. 346/1990) for assets expressly qualified as historical-artistic assets
- 12.2.1.5. Reduction of more than half of the VAT rate for the importation and transfer of works of art by the artist (article 39 of Law Decree no. 41/1995)
- 12.2.1.6. Possibility (to be implemented) to pay taxes "in kind" through historical-artistic goods (article 28-bis of Presidential Decree no. 602/1973 and article 39 of Legislative Decree no. 346/1990)
- 12.2.1.7. Exemption from income tax for capital gains derived from stand-alone sales of artwork
- 12.2.2. Tax incentives for patrons
- 12.2.2.1. Deduction of gifts and liberal donations (articles 15 and 100 of the TUIR)
- 12.2.2.2. Deduction of gifts and liberal donations in cash or in kind to entities whose purpose is the protection, promotion and enhancement of historical-artistic assets pursuant to the Code of Cultural Heritage (article 14 of Law Decree no. 35/2005)
- 12.2.2.3. Special deduction in case of gifts and liberal donations to special entities qualifying as special or non-profit entities (enti del terzo settore) (article 83 of Legislative Decree no. 117/2017)
- 12.2.2.4. Art bonus (article 1 of Law Decree no. 83/2014).
- 12.2.3. Tax incentives for museums and non-profits
- 12.2.4. Tax incentives for art cities
- 12.3. Tax incentives for attracting international investors
- 12.4. Best practices
- 12.5. Conclusion
- Chapter 13: The Spanish Experience
- 13.1. Introduction
- 13.2. Systematic framework
- 13.2.1. Tax incentives for cultural heritage owners
- 13.2.2. Tax incentives for patrons
- 13.2.3. Tax incentives for museums and non-profits
- 13.2.4. Tax incentives for art cities
- 13.3. Tax incentives for attracting international investors
- 13.4. Best practices
- Chapter 14: The German Experience
- 14.1. Introduction
- 14.2. Systematic framework
- 14.2.1. Tax incentives for cultural heritage owners
- 14.2.1.1. Income tax deductions and accelerated depreciation
- 14.2.1.2. Exemption from property tax
- 14.2.1.3. Special inheritance and gift tax treatment
- 14.2.2. Tax incentives for patrons
- 14.2.3. Tax incentives for museums and non-profit organizations
- 14.2.4. Tax incentives for art cities
- 14.3. Tax incentives for attracting international investors
- 14.4. Best practices
- Chapter 15: The Austrian Experience
- 15.1. Introduction
- 15.2. Systematic framework
- 15.2.1. Tax incentives for cultural heritage owners
- 15.2.2. Tax incentives for patrons
- 15.2.3. Tax incentives for museums and non-profits
- 15.2.4. Tax incentives for art cities
- 15.3. Tax incentives for attracting international investors
- 15.4. Best practices
- 15.5. Conclusion
- Chapter 16: The Swedish Experience
- 16.1. Introduction
- 16.2. Systematic framework
- 16.2.1. General legal framework
- 16.2.2. Tax incentives for cultural heritage owners
- 16.2.3. Tax incentives for patrons
- 16.2.4. Tax incentives for museums and non-profit organizations
- 16.2.5. Tax incentives for art cities.
- 16.3. Tax incentives for international investors, and other European and international measures.