Page 101 - Indian, Himalayan and Tibetan Art March 2018
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as stolen or lost. The Art Loss Register          to the state. New York sales tax is charged   tax liability, and Sotheby’s is not required
           is pleased to provide purchasers with a   SOTHEBY’S SERVICES  on the hammer price, buyer’s premium   to collect sales tax from such re-seller. The
           certi! cate con! rming that a search has          and any other applicable charges on any   art dealer, when re-selling the property,
           been made. All inquiries regarding search   Sotheby’s also o" ers a range of other   property picked up or delivered in New York,   may be required to charge sales tax to
           certi! cates should be directed to The Art   services to our clients beyond buying   regardless of the state or country in which   its client, or the client may be required to
           Loss Register, First Floor, 63-66 Hatten   and selling at auction.  These services are   the purchaser resides or does business.  self-assess sales or use tax upon acquiring
           Garden, London EC1N 8LE or by email at   summarized below. Further information on   the property.
           artloss@artloss.com. The Art Loss Register   any of the services described below can be   Where Sotheby’s Collects Sales Tax
           does not guarantee the provenance or   found at sothebys.com.  Sotheby’s is currently registered to collect   Local Tax Advisors  As sales tax laws vary
           title of any catalogued item against which        sales tax in the following states: California,   from state to state, Sotheby’s recommends
           they search, and will not be liable for any   Valuations and Appraisals  Sotheby’s   Colorado, Connecticut, Florida, Illinois,   that clients with questions regarding the
           direct or consequential losses of any nature   Valuations and Appraisals Services o" ers   Maryland, Massachusetts, Minnesota,   application of sales or use taxes to property
           howsoever arising. This statement and the   advice regarding personal property assets   Missouri, New Jersey, New York, Ohio,   purchased at auction seek tax advice from
           ALR’s service do not a" ect your rights and   to trusts, estates, and private clients   Pennsylvania, Texas and Washington. For   their local tax advisors.
           obligations under the Conditions of Sale   in order to help ! duciaries, executors,   any property collected or received by the
           applicable to the sale.  advisors, and collectors meet their goals.   purchaser in New York City, such property
                                    We provide e&  cient and con! dential   is subject to sales tax at the existing
                                    advice and assistance for all appraisal   New York State and City rate of 8.875%.
                                    and auction services. Sotheby’s can
           SELLING AT AUCTION
                                    prepare appraisals to suit a variety of   Sotheby’s Arranged Shipping  If the
                                    needs, including estate tax and planning,   property is delivered into any state in
           If you have property you wish to sell,   insurance, charitable contribution and
           Sotheby’s team of specialists and client          which Sotheby’s is registered, Sotheby’s
           services representatives will assist you   collateral loan. Our appraisals are widely   is required by law to collect and remit the
                                    accepted by the Internal Revenue Service,
           through the entire process. Simply contact        appropriate sales tax in e" ect in the state
           the appropriate specialist (specialist   tax and estate planning professionals,   where the property is delivered.
                                    and insurance ! rms. In the event that
           departments are listed in the back of this
           catalogue), General Inquiries Department   a sale is considered, we are pleased to   Client Arranged Shipping  Property
                                    provide auction estimates, sales proposals
           or a Sotheby’s regional o&  ce representative     collected from Sotheby’s New York
           for suggestions on how best to arrange for   and marketing plans. When sales are   premises by a common carrier hired by the
                                    underway, the group works closely with
           evaluation of your property.                      purchaser for delivery at an address outside
                                    the appropriate specialist departments   of New York is not subject to New York Sales
                                    to ensure that clients’ needs are met   Tax, but if the property is delivered into
           Property Evaluation#There are three
           general ways evaluation of property can be   promptly and e&  ciently.   any state in which Sotheby’s is registered,
           conducted:                                        Sotheby’s is required by law to collect and
                                    Financial Services  Sotheby’s o" ers a   remit the appropriate sales tax in e" ect in
                                    wide range of ! nancial services including   the state where the property is delivered.
           (1) In our galleries
           You may bring your property directly to our   advances on consignments, as well as   New York State recognizes shippers
                                    loans secured by art collections not
           galleries where our specialists will give you     such as the United States Postal Service,
           auction estimates and advice. There is no   intended for sale.   United Parcel Service, FedEx, or the like as
           charge for this service, but we request that      “common carriers”.  If a purchaser hires a
           you telephone ahead for an appointment.   Museum Services  Tailored to meet the   shipper other than a common carrier to pick
                                    unique needs of museums and non pro! ts
           Inspection hours are 9:30 am to 5 pm,             up property, Sotheby’s will collect New York
           Monday through Friday.   in the marketplace, Museum Services   sales tax at a rate of 8.875% regardless of
                                    o" ers personal, professional assistance   the ultimate destination of the goods.  If a
           (2) By photograph        and advice in areas including appraisals,   purchaser utilizes a freight-forwarder who is
           If your property is not portable, or if you   deaccessions, acquisitions and special   registered with the Transportation Security
           are not able to visit our galleries, you may   events.  Administration (“TSA”) to deliver property
           bring in or send a clear photograph of            outside of the United States, no sales tax
           each item. If you have a large collection, a   Corporate Art Services  Devoted   would be due on this transaction.
           representative selection of photographs   to servicing corporations, Sotheby’s
           will do. Please be sure to include the   Corporate Art Services Department   Where Sotheby’s is Not Required
           dimensions, artist’s signature or maker’s   can prepare appraisal reports, advise   to Collect Sales Tax  Sotheby’s is not
           mark, medium, physical condition and any   on acquisitions and deaccessions,   required to collect sales tax on property
           other relevant information. Our specialists   manage all aspects of consignment,   delivered to states other than those listed
           will provide a free preliminary auction   assist in developing arts-management   above.  If the property is delivered to a
           estimate subject to a ! nal estimate upon   strategies and create events catering to a   state where Sotheby’s is not required to
           ! rst-hand inspection.   corporation’s needs.     collect sales tax, it is the responsibility of
                                                             the purchaser to self-assess any sales or
           (3) In your home
           Evaluations of property can also be made          use tax and remit it to taxing authorities in
           in your home. The fees for such visits   INFORMATION ON SALES   that state.
           are based on the scope and diversity of   AND USE TAX RELATED TO   Sotheby’s is not required to collect sales
           property, with travel expenses additional.   PURCHASES AT AUCTION  tax for property delivered to the purchaser
           These fees may be rebated if you consign          outside of the United States.
           your property for sale at Sotheby’s. If there   To better assist our clients, we have
           is considerable property in question, we   prepared the following information on   Restoration and Other Services
           can arrange for an informal “walkthrough.”   Sales and Use Tax related to property   Regardless of where the property is
                                    purchased at auction.    subsequently transported, if any framing or
           Once your property has been evaluated,
                                                             restoration services are performed on the
           Sotheby’s representatives can then help   Why Sotheby’s Collects Sales Tax
           you determine how to proceed should you           property in New York, it is considered to be
                                    Virtually all State Sales Tax Laws require   a delivery of the property to the purchaser
           wish to continue with the auction process.   a corporation to register with the State’s
           They will provide information regarding           in New York, and Sotheby’s will be required
                                    Tax Authorities and collect and remit   to collect the 8.875% New York sales tax.
           sellers’ commission rates and other   sales tax if the corporation maintains a
           charges, auction venue, shipping and any                                          Photography:
                                    presence within the state, such as o&  ces.    Certain Exemptions  Most states that
           further services you may require.
                                    In the states that impose sales tax, Tax   impose sales taxes allow for speci! ed   Scott Elam
                                    Laws require an auction house, with a   exemptions to the tax.  For example, a   Ber Murphy
                                    presence in the state, to register as a sales   registered re-seller such as a registered art   Pauline Shapiro
                                    tax collector, and remit sales tax collected   dealer may purchase without incurring a
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