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Where wealth takes tangible form

Tax treatment of physical assets

Families, collectors, businesses and private clients rely on Arx Aurum Lawyers for discreet tax and legal support in transferring and structuring physical assets such as art, collectibles and precious metals.

Vermeer’s Girl with a Pearl Earring — a symbol of art as physical wealth in tax structuring

Kunst & antiquiteiten

Of u nu één kunstwerk verkoopt of een hele collectie overdraagt, wij begeleiden u bij de fiscale kwalificatie van de inkomsten, btw-vragen en KYC-vereisten.

Collectibles

Passiebeleg­gen in wagens, horloges of whisky wint aan populariteit én aan waarde. Die stijgende markt brengt fiscale vragen en AML-vereisten met zich mee waar wij uitgebreide ervaring mee hebben.

Your tax and legal lawyer for physical wealth and complex wealth situations.

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Unlike listed securities, investing in physical wealth often requires a different approach. The tax qualification, the source of funds, questions from the bank or the correct drafting of deeds are issues specific to physical assets and matters for which a traditional firm or your bank often cannot assist.

 

Arx Aurum lawyers has built this expertise by assisting private clients, collectors and families with the acquisition, sale, gift and inheritance of physical wealth.

Our Expertise

Specialised tax and legal support for physical assets

Our expertise covers the full lifecycle of physical assets, from acquisition to sale, gift and transfer. This ranges from tax qualification in personal and corporate income tax and VAT questions relating to art and antiques, to KYC and AML questions from banks when repatriating funds after a sale.

Tax analysis & capital gains tax

When selling physical assets, such as art, watches or collectibles, it is essential to correctly assess the tax qualification of the realised capital gain. The question is whether that gain falls within normal private wealth management, or whether it is taxable as miscellaneous income due to speculative intent or abnormal management.

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Tax audits and disputes

When gains are realised on physical assets, the tax authorities do not always remain on the sidelines. In the event of a request for information, a notice of amendment or a tax audit in personal or corporate income tax and VAT, Arx Aurum assists you, with particular attention to qualification issues, valuation questions and evidence.

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AML/KYC and source of funds

When selling physical assets and transferring the proceeds to an account, financial institutions and other parties, such as gold dealers, galleries and art dealers, increasingly ask questions about the source of funds in the context of AML and KYC obligations. In practice, this may lead to delays, additional documentation requests or even blockages.

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Integrated support for physical assets

The tax analysis is often only one part of the whole when it comes to transactions involving physical assets. In practice, such matters involve a broader set of issues, including AML and KYC obligations, valuation questions, the identification of suitable counterparties, succession planning and the structuring of transactions.

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VAT aspects

Physical assets, and in particular art and the equestrian sector, frequently give rise to VAT questions. The VAT administration often takes the position that transactions have an economic character and are therefore subject to VAT, which gives rise to discussions and audits.

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Estate planning

Estate and succession planning for physical assets requires a specific approach. Unlike bankable assets, additional points of attention arise, including valuation, tax optimisation and the use of control and wealth structures.

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Classical interior as an illustration of discreet wealth management and estate planning for physical assets at Arx Aurum

Integrated approach

More than purely tax advice

Tax is crucial for physical investments, but there is much more involved. The correct valuation of the assets, the drafting of contracts, gift deeds and wills, placing the proceeds with a bank, or working with auction houses and antique dealers are all elements that require a specialised approach.

 

Although Arx Aurum originated as a tax law firm, over the years we have built extensive practical experience and a broad network in the world of physical assets.

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