The state support to french companies for the purchase of works of living artists is extended until 2025.
Article 238 bis AB of the French General Tax Code is a tax measure that allows French companies that purchase works by living artists to deduct the amount of their purchase from their taxable income.
The French Finance Act for 2020 provided for a "cut-off" date of December 31, 2022, but the Finance Act for 2023 includes an amendment extending the scheme for three years, until 2025. Existing since 1987, it has proven its usefulness for the economic dynamism of the visual arts and music sectors.
This system, which contributes to "bringing art into the company", has been widely integrated for several years in the global CSR approaches of companies, thus promoting the distribution and/or production of works, contributing to the awareness of both external and internal audiences, notably through the involvement of employees.
In order to support the activity of the art market, the law of July 23, 1987 on the development of patronage instituted a specific mechanism authorizing companies to deduct from their taxable income the cost of acquiring works of living artists or musical instruments.
Now codified in article 238 bis AB of the General Tax Code and attached to the law on sponsorship known as the "Aillagon Law" of August 1, 2003, this provision authorizes, under certain accounting conditions (entry in a fixed asset account) and under conditions of display (exhibition), the deduction from taxable income, over five years, of the sum corresponding to the acquisition price of the works concerned.
Not all companies have chosen to create a Foundation or an Endowment Fund, but they rely on article 238 bis AB of the Aillagon law to concretely direct their support to the acquisition of works of art.