What is a ‘work of art’ for AML in the art market? (UK)

September 27, 2023

by ArtAML™ Team

Establishing the definition of a ‘work of art’ is key to meeting obligations as an Art Market Participant: It is only transactions of a set value in works of art that trigger the requirement to conduct Customer Due Diligence.

In the UK, the definition is the VAT Act 1994’s definition of a work of art.

More specifically, clauses 21 6(A) and 6(B) that apply. See https://www.legislation.gov.uk/ukpga/1994/23/section/21

Note: In Q3 2023, the conversation about giclée prints, digital art and antiquities picked up. There will be an HM Treasury consultation in December 2023 that considers the definition for the purposes of AML. Your input is encouraged. (Join our mailing list to take part and stay in the know.)

While we’re awaiting a potential update and much-sought clarification resulting from the consultation, HMRC has confirmed that for the time being, the following will apply:

Objects classified under Customs Code 9705 will fall into scope, whereas objects under 9703 will not fall into scope.

(6)In this section “work of art” means, subject to subsections (6A) and (6B) below—

(a)any mounted or unmounted painting, drawing, collage, decorative plaque or similar picture that was executed by hand;

(b)any original engraving, lithograph or other print which—

(i)was produced from one or more plates executed by hand by an individual who executed them without using any mechanical or photomechanical process; and

(ii)either is the only one produced from the plate or plates or is comprised in a limited edition;

(c)any original sculpture or statuary, in any material;

(d)any sculpture cast which—

(i)was produced by or under the supervision of the individual who made the mould or became entitled to it by succession on the death of that individual; and

(ii)either is the only cast produced from the mould or is comprised in a limited edition;

(e)any tapestry or other hanging which—

(i)was made by hand from an original design; and

(ii)either is the only one made from the design or is comprised in a limited edition;

(f)any ceramic executed by an individual and signed by him;

(g)any enamel on copper which—

(i)was executed by hand;

(ii)is signed either by the person who executed it or by someone on behalf of the studio where it was executed;

(iii)either is the only one made from the design in question or is comprised in a limited edition; and

(iv)is not comprised in an article of jewellery or an article of a kind produced by goldsmiths or silversmiths;

(h)any mounted or unmounted photograph which—

(i)was printed by or under the supervision of the photographer;

(ii)is signed by him; and

(iii)either is the only print made from the exposure in question or is comprised in a limited edition;

(6A)The following do not fall within subsection (5) above by virtue of subsection (6)(a) above, that is to say—

(a)any technical drawing, map or plan;

(b)any picture comprised in a manufactured article that has been hand-decorated; or

(c)anything in the nature of scenery, including a backcloth.

(6B)An item comprised in a limited edition shall be taken to be so comprised for the purposes of subsection (6)(d) to (h) above only if—

(a)in the case of sculpture casts—

(i)the edition is limited so that the number produced from the same mould does not exceed eight; or

(ii)the edition comprises a limited edition of nine or more casts made before 1st January 1989 which the Commissioners have directed should be treated, in the exceptional circumstances of the case, as a limited edition for the purposes of subsection (6)(d) above;

(b)in the case of tapestries and hangings, the edition is limited so that the number produced from the same design does not exceed eight;

(c)in the case of enamels on copper—

(i)the edition is limited so that the number produced from the same design does not exceed eight; and

(ii)each of the enamels in the edition is numbered and is signed as mentioned in subsection (6)(g)(ii) above;

(d)in the case of photographs—

(i)the edition is limited so that the number produced from the same exposure does not exceed thirty; and

(ii)each of the prints in the edition is numbered and is signed as mentioned in subsection (6)(h)(ii) above.

In Conclusion

The meaning of a work of art is specific, and yet, there are numerous grey areas. If you’re unsure if an object is caught, feel free to get in touch with our team – or err on the side of caution.