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Posted by Bob Masta on March 5, 2008, 8:27 am
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>
>>>http://www.capwiz.com/artsusa/issues/alert/?alertid=9521951&type=CO
>>>
>>>Donna
>>>
>>
>> As I understand it, the old "materials value only" rule applies evenly
>> to *everyone*, not just artists. If you are a truck driver and agree
>> to drive the artist's pots to the museum, you don't get to deduct
>> for your time as if it were a regular paid-for delivery. Nor does a
>> carpenter who agrees to crate the pieces, etc.
>>
>> And it doesn't apply just to museum donations, it applies to all
>> donations. It probably has to be this way to prevent abuse.
>> Consider the old scam whereby people donate their old books or junk
>> and claim a hefty market value. If they were allowed to claim a
>> value for their time, it would be even harder to verify.
>>
>> And art is in a class by itself as far as being hard to assign
>> market values. Unless the piece has already been sold, it's not at
>> all clear what its value is. Certainly *not* the price the artist has
>> been asking for it as it languished in the last umpteen art fairs,
>> nor even what the posh uptown gallery is asking.
>>
>> So, if you are an artist who is affected by this, the solution is
>> simple: Put your money where your mouth is and *sell* the piece, and
>> donate the money to the museum!
>>
>> For the rest of us, the thrill of having a piece in a museum, not to
>> mention the boost in professional stature and the increase in the
>> market value of other for-sale pieces, would be more than enough
>> compensation.
>>
>> Best regards,
>>
>>
>> Bob Masta
>
>The problem is Bob that few artist can afford to sell the piece and donate
>the money earned. Even when they donate the piece they are not getting that
>price in return in their taxes. We are talking about a deduction not a
>credit - so if you are in the 20% tax bracket then you get 20% of the
>estimated value of the item taken off of your salary that is taxed - then
>add in the lovely AMT which limits even that. As far as scamming goes -
>they are now pretty ridged about what they allow - you have to document your
>donations and something such as this would have to be valued by the museum
>not by the artist.
>
>When I volunteer my time at the crafts studio, I would never dream of trying
>to take a tax deduction for that time. That is something very different
>from a piece of art that will not only hold its value but increase in value
>over time. The museum if it needed the money could sell the work of art.
>It cannot sell the crate it was shipped in or the time I took building that
>crate.
>
>Apples and Oranges. Donna
>
It's not at all clear why artists should receive special treatment.
Consider the carpenter who builds a house for Habitat for Humanity.
All the same arguments about holding value apply here as well, and
the value is easily verified. Yet the carpenter can't claim that
value, only materials.
Having a piece in a museum is a benefit for the artist, much more
so than a Habitat for Humanity house is for the carpenter, since
the museum exhibit will be a continuing advertisement, with
prominent attribution. Any artist who feels they need added financial
incentive is being a tad greedy, IMHO.
I also wonder about the premise that few artists can afford to sell
the piece and donate the money. If your work is so good that
museums want it, you can't be hurting too badly.
Forgive me if it seems I have my hackles up over this, but I do
not think artists should be placed on any sort of pedestal.
If they can't succeed at doing the thing they love as a business,
they should find another line of work and do art as a hobby,
just like everyone else. Nobody owes them a living just because
they hang out a shingle and proclaim themselves as artists.
If a carpenter can't make houses that people want to buy,
he can change careers or starve... but he sure can't expect
charity just because he is no good at his proclaimed profession.
Best regards,
Bob Masta
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