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On Depreciation, Taxes, and Wives

by Clint Watson on 4/6/2010 1:26:49 PM

This article is by Clint Watson,  former art gallery owner/director/salesperson and founder of FineArtViews. You should follow Clint on Twitter here.


Last night, your editor and his wife decided to enjoy dinner out.  There's nothing like a bottle of wine, a beautiful spring evening, and dinner on the patio at Pam's to turn "hump day" into a mini-vacation.  As we polished off the first bottle (Carmel Road, 2007 - highly recommend it), somehow the discussion turned to taxes.  Like our long-suffering readers, we recently completed our tax return. 

Somehow we started discussing the subject of depreciation.  Turbo-Tax had automatically figured allowed depreciation amounts on assets that we use in our little company.  "But what is depreciation?" Your editor's wife wanted to know.

Drawing upon our vast knowledge of accounting gleaned from suffering through our long six years of college business classes, we took another sip of wine and tried to explain, "you see, bean counters think that as we 'use' an asset, it slowly loses a little bit of it's value each year.....until, eventually, it reaches it's 'end of life'"  Her eyes were starting to glaze over now, so we poured some more wine and continued....

"It's all accounting BS, of course, it's like that old leather chair....I've spend years sitting in that chair - wearing down the arm just so, getting the cushion shaped just the way I like it, the leather is getting softer and richer as it ages....but the IRS and the bean counters dismiss it just because its 'older' - but hey - who cares?  It's a deduction!"

Now her eyes lit up...."you mean we can depreciate items just cause they're getting older...even if they're getting better....and get a tax deduction?"

"Well, yes...." we wondered where this was going...

"Well...I'm getting older!" she explained, "can we 'depreciate' me for a tax deduction?"

We're ashamed to admit, we rather liked that idea and the accountant in us started to wonder.....

"Hmmmm," we realized we had to tread carefully here, "While it's true you're getting better with age...." we said quite pleased with the start of that sentence, "The IRS probably wouldn't consider you a 'depreciable asset'...however.....if we can just find a way to make you a 'business asset'......"

"We are discussing business" she pointed out.

What can we say?  It seemed to make sense after a bottle of Carmel Road......


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 31 Comments

Michael Cardosa
via fineartviews.com
Clint,

It is a well know fact that you can not discuss taxes and depreciation over wine. It requires champagne. Of course any discussion of tax payments should be accompanied by Scotch.

Hope this helps.

Michael



Helen Horn Musser
via fineartviews.com
Clint, Thank you for sharing a glimps into your private life. It was very endearing.

Karen Winters
via fineartviews.com
What I want to know is ... "does this depreciation make my asset look larger?"
Michael Cardosa
via fineartviews.com
Oh no Karen! Not a bit! A depreciation, if tailored correctly is very slimming...

Michael


Sharon Weaver
via fineartviews.com
I know there are rhymes but is there any reason to taxes. If things depreciate don't we?????? Guess to the IRS we are forever young.

Helen Horn Musser
via fineartviews.com
Watch out babies; taxation is going to exclelerate; depreciate any of your equipment or other lawful exemptions. Charge off for your studio, energy, other utilities.

Michael Richardson
via fineartviews.com
If an artist gifts his paintings to his wife in appreciation of the forebearance and tolerance shown to him for his artistic temperament and mood swings then surely the paintings become her chattels in exactly the same way as her silver cutlery and her dinner service or her jewellery.

If she then chooses to sell some of her chattels (paintings) then there should be no capital gains tax unless the item is valued rather highly.

Of course if it were to involve a lot of sales then the wife might be classed as an art dealer or gallery by the revenue but carried out in a low key way it seems that this would be a very simple way to legally dispose of paintings without incurring a tax liability?

Helen Horn Musser
via fineartviews.com
Micheal, this would probably work for a while but, might trigger an audit, would need to be prepared for that

Michael Richardson
via fineartviews.com
Yes, Helen, you are probably right! Fun to think these things up though!

Debra Joy Groesser
via fineartviews.com
Thanks for the giggles Clint...I'm going to go find some "Carmel Road"! Please tell your lovely wife hello from Don and me :-)

By the way, I love the changes to the image uploader on the FASO websites...love, love, love it! Thanks for all you do!

Helen Horn Musser
via fineartviews.com
Micheal, Not trying to rain on anyones parade; I needed some fun too and Clint gave it to us today

Carol Schmauder
via fineartviews.com
Hmmmm.....wine, depreciation, and taxes. Sounds dangerous to me!

Barb Stachow
via fineartviews.com
I agree if only we could!
Joanne Benson
via fineartviews.com
Clint,
Nothing like a good bottle of wine to make me feel less depreciated after a hard day! Going to look for Carmel Road. Hopefully it's not too pricy...may need to charge more for my paintings! LOL At any rate it doesn't take much to encourage a glass of wine...could that be depreciated as a business expense???? Heheheh...
Joanne Benson
via fineartviews.com
Clint,
By the way, I had emailed you about problems with FASO Blog taking a long time to load on my computer. Hubby finally figured out that it was a version of our security software causing problems with some things loading. We are now loading at acceptable speeds! Thanks for taking the time to look into it. Joanne
Sheryl Knight
via fineartviews.com
Ineresting comments on depreciation Clint. I am a little familiar with it. We have depreciated rental property and some equipment, but the hard about it is when you sell they have you "recapture" and pay your tax then. So I guess the best way is just not to ever sell what you have depreciated!
Judy Mudd
via fineartviews.com
A fun blog. I'm definitely depreciating. This is very interesting because what about antiques? At what point does everything turn around and go back up hill?
Christopher T Volpe
via fineartviews.com
I just bought a new travel easel because my old one began to dematerialize, let alone depreciate. Was setting it up on a bridge one day when one of the legs just dropped off and floated away on the river! I certainly didn't depreciate that. It hadn't occurred to me to claim the cost of the thing, but why not. Thanks for the post.
Gina Buzby
via fineartviews.com
Cute and enjoyable. I A-ppreciated it :)

Angela Baumgartner
via fineartviews.com
All I saw as I was clicking on the submit comment spot was what Michael said about champagne. You seem to know a lot about these topics! Beer and the bubbly, good one!
This article was fun and diplomatic. Good combo.
Have a question for everyone: could you give me a fun and diplomatic answer to the question "What is fine art, anyway?" I was thinking about saying there are graphic arts, pop art...it all hits different angles and fine art is just another avenue. The question was posted by a gal who is somewhat anti-establishment and not in what she would probably consider upper crust galleries but has a lot of fun ideas and could be described as an emerging artist crusader. Thanks for any ideas!
Carol McIntyre
via fineartviews.com
I think I better go on a wine hunt to find Carmel Road 2007! Always like a good wine. :-)
Michael Cardosa
via fineartviews.com
Michael,

This would probably work pretty well... right up until you got caught! :)



Michael Cardosa
via fineartviews.com
You know, just following this whole thread, I think there should be more articles involving wine... painting and wine, collecting and wine, selling and wine...

Carol Schmauder
via fineartviews.com
Angela, fine art is art that is meant to be appreciated, not functional. Hope this helps.

Joanne Hopper
via fineartviews.com
Oh so funny! - Thanks for the chuckle - I needed that -
Diane Tasselmyer
via fineartviews.com
What a hoot!!

I think wine paintings, vineyards etc. along those lines are very popular. Here in Michigan fruit is a major source of income; which leads to an entire industry and culture here.

Combine that with fabulous scenery and you have a vacation paradise!!! It's a wonderful place to live and paint.

Michael Cardosa
via fineartviews.com
Diane,

I used to spend a lot of time in California for business and tried to take a couple of afternoons a month to head up to Napa. At the same time I used to carry around a little watercolor set to have something to do in the hotel at night. ( I did this because I thought watercolors would be easy... right, tells you how much I knew) Anyway, my first paintings (which no one will ever see...) are of vineyards etc. Great subjects and in the right locale a big seller (ok, just not mine!) By the way only paint oils now.

Michael


Michael Richardson
via fineartviews.com
Michael, I failed to mention that an important reason for giving the paintings away during one's lifetime is to give one's wife a tax free inheritance. If she were to inherit the artists collection on his death it would have to be valued for probate and thus any appreciation would be taxable on the later sales through CGT whereas if she already owns them as her chattels they are not taxable unless they are individually worth more than £6000 per painting or if they were sold as a group in which case a formula would be applied but it is still quite lenient.

Joanne Benson
via fineartviews.com
Michael, So I should give all of my paintings to my husband and children in case of my untimely demise???? Never thought about them as part of my estate although I daresay they aren't worth all that much.....However, after my death ....who knows! LOL
Michael Cardosa
via fineartviews.com
Not being a tax attorney, Michael, I'm not quite sure how the laws differ from the UK to the US. I would imagine quite a bit. I also think that the truth is probably that unless someone was a very well known artist the government is not going to come around looking at every painting to assess its value... of course I could be wrong

Michael Richardson
via fineartviews.com
Tax varies between countries but the principles are often the same or very simila so it could be worth asking a tax lawyer what the score is in your own country but I am referring to well established UK practices which are accepted by our inland revenue.










 

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