Vintro Pro Knowledge base · Margin VAT by type of goods

Margin VAT on art

Works of art are named in the scheme in so many words. But in Belgium, since the law of 19 December 2025, there is one way of buying that throws you back out.

Art belongs in the margin scheme — it is even named there separately.

Yes

Works of art fall under the margin scheme. Watch the buying side: in Belgium, since the law of 19 December 2025, a purchase at a reduced rate rules the scheme out.

For most types of goods a page like this opens with the question of whether the goods fit the definition at all. For art it does not: in the UK, article 12(2) of the Value Added Tax (Special Provisions) Order 1995 names works of art literally, alongside antiques, collectors’ items and second-hand goods.

So the question moves to the other end of the transaction. What decides here is not what you sell, but who you bought it from and at which rate.

What UK law says about art

A painting bought from a private individual, from an heir or at auction carries no deductible VAT. That is exactly what the margin scheme exists for: you pay VAT on your margin instead of on the full selling price.

If you buy from a fellow dealer who sells under the margin themselves, the result is the same. Their invoice shows no deductible VAT and the chain continues.

Article 2 of the Value Added Tax (Special Provisions) Order 1995 defines second-hand goods as “tangible movable property that is suitable for further use as it is or after repair, other than motor cars, works of art, collectors’ items or antiques and other than precious metals and precious stones”. Article 12(2) opens the margin scheme to “works of art, antiques and collectors’ items” and “second-hand goods”.

That is the whole test, and it is a test about the goods, not about your trade. The power to charge VAT on the profit margin sits in section 50A of the VAT Act 1994, which also names motor vehicles separately. Article 12(3) of the 1995 Order adds the purchase side: you must have taken possession of the goods on a supply on which no VAT was chargeable, or on another margin-scheme sale. gov.uk (VAT margin schemes) puts it plainly: you cannot use a margin scheme for “any item you bought for which you were charged VAT”. Belgium, which follows the EU VAT Directive, keeps its own exclusion list: FPS Finance names new goods, precious metals, precious stones and pearls, renovated goods, goods consumed on first use and goods that cannot be used again in the same state, under article 58, § 4 of the Belgian VAT Code and Royal Decree no. 53 of 23 December 1994. The four-country panel below shows where that changes the answer.

Run the numbers on your own art

The example is an oil painting: bought for €1,200.00, sold for €2,100.00. Put your own figures in.

Selling price€2,100.00
Purchase price€1,200.00
Margin€900.00
VAT due (×20/120)€150.00

Sold at a loss: no margin on this item, so no VAT. In the UK you work item by item: the loss counts as zero and gives you nothing back.

The VAT is inside the margin, not on top of it. That is the mistake this calculator is built to prevent: 20% on this example’s margin of 900 is 180.00, while in the UK you owe one-sixth, 150.00 — the 16.67% gov.uk quotes. At Belgium’s 21%, the same mistake turns €156.20 into €189.00. How to do this across a whole return period — and why France calculates piece by piece by law — is set out in How do you calculate margin VAT?

When art fall outside the scheme after all

In the UK the first limit is the definition. Section 21(6) of the VAT Act 1994 lists what counts as a work of art, and section 21(6A) leaves out technical drawings, maps and plans, pictures on hand-decorated manufactured articles and scenery; a print only counts if it was produced from plates executed by hand, without any mechanical or photomechanical process. Buying directly from the artist is a special case: article 12(3)(a)(v) of the 1995 Order allows it, but only under an option you notify to HMRC in writing, which then runs for at least two years (article 12(8)).

In Belgium the limit now also sits with the invoice: the law of 19 December 2025 excludes works of art, collectors’ items and antiques bought at a reduced rate from the margin scheme, transposing an EU rule (Directive (EU) 2022/542). Buying directly from the artist often runs at a reduced rate there.

The same piece, four countries

In the UK, whether art fall under the scheme is a matter of UK law: HMRC runs its own margin schemes under section 50A of the VAT Act 1994. Belgium, the Netherlands and France all follow the same EU VAT Directive (2006/112/EC). Each country interprets the rules itself; where that makes a difference for art, this page says so. The rate and the calculation method always differ.

Belgium 21% out of the margin

Margin across the whole return period. Article 58, § 4 VAT Code and RD no. 53.

Netherlands 21% out of the margin

Per period by default (global accounting, Uitvoeringsbesluit OB 1968, art. 4c(1)). You can opt out in writing to the inspector, for at least five years.

France 20% out of the margin

Legally piece by piece, but globalisation per period is allowed, with no prior election. CGI art. 297 A; BOFiP § 260.

United Kingdom One-sixth of the margin

HMRC’s own scheme, outside the EU. Below the registration threshold you pay nothing.

Each rate measured on 2 September 2026 at the government itself: FPS Finance, VAT rates (Belgium); Belastingdienst, Tarieven en vrijstellingen (Netherlands); impots.gouv.fr, Plusieurs taux de TVA (France, CGI art. 278); gov.uk, VAT margin schemes (UK, “You pay VAT at 16.67% (one-sixth) on the difference”).

Where it goes wrong with art

Written on 8 September 2026, revised on 9 October 2026. The UK rule was read in the law text on 9 October 2026 on legislation.gov.uk: section 50A of the VAT Act 1994 and articles 2, 12 and 13 of the Value Added Tax (Special Provisions) Order 1995 (SI 1995/1268). The plain-language points come from gov.uk, VAT margin schemes, read the same day; VAT Notice 718 itself was withdrawn on 23 December 2021 and replaced by that guidance. Further UK points were checked on 7 October 2026 in HMRC’s VAT Margin Schemes manual. The Belgian scheme, the definition of second-hand goods and the exclusions were measured on 8 September 2026 at Belgium’s FPS Finance, Regeling van belastingheffing over de marge, which names article 58, § 4 of the Belgian VAT Code and Royal Decree no. 53 of 23 December 1994 as its basis. For works of art, collectors’ items and antiques only, the Belgian law of 19 December 2025, explained in circular 2026/C/14 of 13 January 2026, excludes pieces bought at a reduced rate from the margin scheme. It transposes article 316 of the EU VAT Directive as amended by Directive (EU) 2022/542; that EU text was checked on eur-lex.europa.eu on 7 October 2026. For ordinary second-hand goods the rule changes nothing. The Dutch and French points were checked on 7 October 2026 at the Belastingdienst and on bofip.impots.gouv.fr. The UK rules for each type of goods were read on 13 October 2026: on legislation.gov.uk, sections 21 and 50A of the VAT Act 1994, articles 2, 12 and 13 of SI 1995/1268 and article 8 of the Value Added Tax (Cars) Order 1992 (SI 1992/3122); on gov.uk, the margin-scheme guidance on second-hand vehicles, global accounting and houseboats and caravans, HMRC’s VAT Margin Schemes manual (VATMARG02100, 03100, 03300, 08100, 13650, 13750) and VAT Notice 701/21.

This is an explanation, not tax advice. Whether the margin scheme is the right choice in your case, and how to enter it in your return, is a question for your accountant.

Frequently asked questions

Other types of goods

The same question, a different kind of piece. The answer differs more often than you would expect.

Every type of goods at a glance

Read on

Your art, kept apart from the rest

Every piece gets its own purchase price, selling price and scheme. Vintro Pro keeps margin goods separate from the rest and works out your margin per return period.

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