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28 April 2021 / Racheal Muldoon
Issue: 7930 / Categories: Features , Brexit , EU , Commercial
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The art of the deal

47594
Art, antiques, & antiquities: Racheal Muldoon reviews the key changes to UK-EU trade post-Brexit
  • Commercial implications of the EU-UK Trade and Cooperation Agreement for art businesses and investors, including tax implications, import and export licensing requirements, and data protection.

This article examines the commercial implications of the EU-UK Trade and Cooperation Agreement (TCA) for art market participants (AMPs), comprising artists, art businesses, and investors engaged in the trade of art, antiques, and antiquities (AAAs). The following will be addressed with reference to the text of the TCA and recently published UK government and Arts Council England (ACE) guidance:

  • the new VAT treatment applicable to imports and exports;
  • import and export licensing requirements;
  • the operation of the artist’s resale right (ARR); and
  • data protection.

Tax implications

The most significant change arising from the TCA to the way in which AMPs do business, is the new value added tax (VAT) treatment applicable to imports and exports. AMPs must quickly familiarise themselves with these new measures and work closely

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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