Page 312 - Sotheby's Important Chinese Art, Sept. 21-22, 2-21, NYC
P. 312

Why Sotheby’s Collects Sales   above. If the property is delivered to a   invoice. To arrange for payment, please   damages, imperfections or restorations   piece (i) while basically of the period
                Tax  Virtually all State Sales Tax Laws   state where Sotheby’s is not required to   contact Post Sale Services at +1 212 606   will be made in the individual catalogue   indicated, has undergone significant
                require a corporation to register with   collect sales tax, it is the responsibility of   7444 or USPostSaleServices@sothebys.  entries. Anyone having specific inquiries   restoration or alteration, or (ii) was made
                the State’s Tax Authorities and collect   the purchaser to self-assess any sales or   com. Payment will not be accepted at   concerning any particular lot in this sale,   as an intentional reproduction of an
                and remit sales tax if the corporation   use tax and remit it to taxing authorities   any offsite facility. Dealers and resale   should call +1 212 606 7332.  earlier style.
                either establishes or maintains physical   in that state.  clients should fill out the appropriate                       Where a ceramic or work of art bears a
                or economic presence within the state.   Sotheby’s is not required to collect   forms where applicable or contact Post   Important Notice for Ceramics  signature or seal of an artist or studio, if
                In the states that impose sales tax, Tax   sales tax for property delivered to the   Sale Services with any questions.  The catalogue descriptions do not   the heading appears as follows:
                Laws require an auction house, with   purchaser outside of the United States.   include a general indication of repair
                such presence in the state, to register           Loss and Liability  Unless otherwise   and damage, and this absence of any   By Ma Shaoxuan  This work is, in our
                as a sales tax collector, and remit sales   Restoration and Other Services   agreed by Sotheby’s, all sold property   comment should not be interpreted as   best judgment, by the named artist.
                tax collected to the state. New York sales   Regardless of where the property is   must be removed from any of our   a guarantee of the condition of the lot.   Attributed to Ma Shaoxuan  In our
                tax is charged on the hammer price,   subsequently transported, if any framing   premises or our vendor’s premises by   All lots are sold “AS IS” as set forth in   opinion, probably a work by the artist
                buyer’s premium, overhead premium   or restoration services are performed on   the buyer at their expense no later than   paragraph 1 of the Conditions of Sale   but less certainty as to authorship
                and any other applicable charges on any   the property in New York, it is considered   30 calendar days following the auction.   and prospective purchasers are advised   is expressed than in the preceding
                property picked up or delivered in New   to be a delivery of the property to the   Buyers are reminded that Sotheby’s   that all lots should be viewed personally.   category.
                York, regardless of the state or country   purchaser in New York, and Sotheby’s will   liability for loss or damage to sold   Condition reports are available at
                in which the purchaser resides or does   be required to collect the 8.875% New   property shall cease no later than 30   sothebys.com. Any addditional enquiries   Signed Ma Shaoxuan  The piece bears
                business.                York sales tax.          calendar days after the date of    may be directed to the Ceramics     the signature or seal of the artist or
                                                                  the auction.              Department at +1 212 606 7332.               studio but with no firm attribution as to
                Where Sotheby’s Collects Sales Tax    Certain Exemptions  Most states that                                               the hand.
                Sotheby’s is currently registered to   impose sales taxes allow for specified   Collection & Shipping  All collections   Absence of Guarantee of
                collect                  exemptions to the tax. For example, a   and deliveries for purchased property   Authenticity for Chinese Paintings    GLOSSARY FOR CHINESE
                sales tax in the following states:   registered re-seller such as a registered   will be handled by Post Sale Services in   The artists’ names recorded in this   FURNITURE
                Alabama, Arizona, Arkansas, California,   art dealer may purchase without   coordination with purchasers after the   catalogue are not to be taken as   With respect to Asian hardwoods, 22
                Colorado, Connecticut, District of   incurring a tax liability, and Sotheby’s   auction.  unqualified attributions to the artists   terms ‘Huanghuali’, ‘Huali’ ‘Hongmu’
                Columbia, Florida, Georgia, Hawaii,   is not required to collect sales tax from   For any in-person collections at any of our   named. No unqualified attributions to   ‘Zitan’ and others appearing within single
                Idaho, Illinois, Indiana, Iowa, Kansas,   such re-seller. The art dealer, when   vendor’s premises, please alert Post Sale   any artist or date are made or intended.   quotes in bold or capital letters in the
                Kentucky, Louisiana, Maine, Maryland,   re-selling the property, may be required   Services of your proposed collection date,   The current scholarship in the field   heading are descriptive identifications
                Massachusetts, Michigan, Minnesota,   to charge sales tax to its client, or the   ensure that all outstanding invoices have   of Chinese paintings does not permit   based on appearance, and are not
                Mississippi, Missouri, Nebraska,   client may be required to self-assess   been paid for, and that you or your agent   unqualified statements as to authorship   intended to denote a specific species.
                Nevada, New Jersey, New Mexico, New   sales or use tax upon acquiring the   have the appropriate photo identification   or date of execution. Therefore, none
                York, North Carolina, Ohio, Oklahoma,   property.  upon arrival.            of the paintings in this catalogue is        Notwithstanding the above, if within five
                Pennsylvania, Rhode Island, South                                           subject to any guarantee of authenticity     years of the sale of any lot, the buyer
                Carolina, South Dakota, Tennessee,   Local Tax Advisors  As sales tax laws   If you are using your own shipper to   and all the property is sold “AS IS”. Any   gives written notice to Sotheby’s that
                Texas, Utah, Vermont, Virginia,   vary from state to state, Sotheby’s   collect property, please provide a   reference to the Terms of Guarantee   the lot sold is a forgery and if within
                Washington, Wisconsin and Wyoming.   recommends that clients with questions   letter of authorization and instruct   does not apply to Chinese paintings.   three months after giving such notice,
                For any property collected or received   regarding the application of sales or use   your shipper to email their bill of lading   Any assistance given by Sotheby’s staff   the buyer returns the lot in the same
                by the purchaser in New York City, such   taxes to property purchased at auction   to billsoflading@sothebys.com and   to a buyer in selecting a purchase is given   Condition as it was at the time of sale
                property is subject to sales tax at the   seek tax advice from their local tax   ensure the correct collection location is   without prejudice to the above. Buyers   to the premises of Sotheby’s and
                existing New York State and City rate   advisors.  specified.               are recommended to take independent          demonstrates to the satisfaction of
                of 8.875%.                                                                  professional advice on selection of          Sotheby’s that the lot sold is a forgery,
                                                                                            purchases.                                   Sotheby’s is authorized to and will
                                                                  Sotheby’s can arrange for delivery of                                  rescind the sale and refund the purchase
                Sotheby’s Arranged Shipping  If the   IMPORTANT NOTICES  your property through one of our con-
                property is delivered into any state in           tracted vendors or can coordinate pick                                 price received by it. For this purpose a
                which Sotheby’s is registered, Sotheby’s   Important Notice to Purchasers  up at our offsite location with you or your   GLOSSARY OF TERMS  ‘forgery’ is defined as a work created with
                is required by law to collect and remit the   Sotheby’s New York office is open on   shipper directly. Please contact Post Sale   intent to deceive.
                appropriate sales tax in effect in the state   a limited basis by appointment only.   Services at +1 212 606 7444 or USPost-  The following are examples of the ter-
                where the property is delivered.  Auctions conducted during this time will   SaleServices @sothebys.com to start   minology used in this catalogue. Please
                                         be processed through Post Sale Services   your collection process.   note that all statements made in this
                Client Arranged Shipping  Property   as per usual business procedure. All   catalogue are made subject to the provi-
                collected from Sotheby’s New York   collections and deliveries for purchased   Important Notice Regarding Packing  sions of the Conditions of Sale and Terms
                premises by a common carrier hired by   property will be handled by Post Sale   As a courtesy to purchasers who come   of Guarantee printed in this catalogue:
                the purchaser for delivery at an address   Services in coordination with purchasers   to Sotheby’s to pick up property, So-
                outside of New York is not subject to   after the auction. Invoices will be issued   theby’s will assist in packing framed   GLOSSARY FOR CHINESE
                New York Sales Tax, but if the property is   to the successful party, which will include   paintings. Sotheby’s is unable to remove   CERAMICS AND WORKS OF ART
                delivered into any state in which Sotheby’s   total purchase price, payment options,   canvases off stretchers or to roll works
                is registered, Sotheby’s is required by law   and next steps on delivery. Payment is   on paper. Purchasers are advised to   Pottery Figure of a Horse, Tang
                to collect and remit the appropriate sales   due immediately.  contact an independent painting re-  Dynasty  This heading, with date or
                tax in effect in the state where the property     storer to pack works in this manner.  period included, means that the piece
                is delivered. New York State recognizes   Property Collection  All collections   is, in our opinion, of the date or period
                shippers such as the United States   and deliveries for purchased property   Notice Regarding Endangered   indicated with no major alterations
                Postal Service, United Parcel Service,   will be handled by Post Sale Services in   Species   or replacements unless otherwise in
                FedEx, or the like as “common carriers”.   coordination with purchasers after the   ◉ Property containing certain   dicated in the cataloguing.
                If a purchaser hires a shipper other than   auction. Invoices will be issued to the   endangered species will require a CITES   With respect to ceramics and sculpture,
                a common carrier to pick up property,   successful party, which will include total   license upon export from the U.S. and   if, in our opinion, the piece was made at
                Sotheby’s will collect New York sales tax at   purchase price, payment options, and   may require an additional license upon   a specific kiln or location, the name of
                a rate of 8.875% regardless of the ultimate   next steps on delivery. During this time,   import into another country.  There   the kiln or location will appear in bold or
                destination of the goods. If a purchaser   payment for property is still due as per   is no guarantee that such licenses   capital letters, i.e., DING OVOID VASE,
                utilizes a freight-forwarder who is   the Conditions of Sale. Post Sale Services   will be granted.  In the case of denial   SONG DYNASTY. However, if the heading
                registered with the Transportation Security   will be in touch for future collection   of any license or of delay in obtaining   appears as follows, ‘DING’ OVOID VASE,
                Administration (“TSA”) to deliver property   scheduling or shipping arrangements.  such licenses, the purchaser remains   SONG DYNASTY, this indicates that, in
                outside of the United States, no sales tax        responsible for making on-time payment   our opinion, the piece is of the Ding type
                would be due on this transaction.  Property Payment  All property   for the total purchase price.  or location, and although of the date
                                         must be paid in full before collection or          specified, not necessarily made at the
                Where Sotheby’s is Not Required   release from any of our or our vendor’s   Important Notice for Furniture  Ding kiln or location.
                to Collect Sales Tax  Sotheby’s is not   premises. Payment must be made   As virtually all property in this sale has
                required to collect sales tax on property   through Sotheby’s New York Post Sale   been subject to use over a consider-  Pottery Figure of a Horse, Tang
                delivered to states other than those listed   Services by way of our acceptable forms   able period of time, no mention of age   Style  This inclusion of the word “style”
                                         of payment methods mentioned on your   cracks, scratches, chips or other minor   indicates that, in our opinion, either the
                310     SOTHEBY’S        COMPLETE CATALOGUING AVAILABLE AT SOTHEBYS.COM/N10748                                                                                                                                           311
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