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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.
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.