Disclaimer. Collectalia is not a legal, tax or insurance advice site. The information on this page is general and based on French legislation in force as of 09/11/2026: it may change, does not necessarily apply outside France and does not take your situation into account. Always have it checked by a notary, a lawyer, an accountant or your insurer before acting on it.
The essentials
- By default, a private individual who sells a work of art, jewellery or a collectable pays a 6.5% flat-rate tax on the price (6% + 0.5% CRDS).
- No tax if the price does not exceed €5,000, assessed item by item.
- Opting for capital gains may be more favourable, but you must prove the date and purchase price: keep your invoices and deeds.
Selling a painting: tax and possible regimes
Are you selling an inherited painting, a ring, a collector’s watch or a series of coins? As a private individual, the question “selling a painting, what tax?” has two possible answers: the flat-rate tax, which applies by default, or, by option, the capital gains regime. Both concern jewellery, works of art, collectables and antiques sold by a private individual.
The choice depends on two things: the actual gain made, and the ability to justify what the item cost you and since when you have owned it.
The flat-rate tax on works of art and jewellery
The flat-rate tax on works of art is 6% of the sale price, to which the 0.5% CRDS is added, making 6.5% in total (article 150 VK of the Code général des impôts). It applies to the price, not to the gain: it is due even if you sell at a loss. The flat-rate tax on jewellery follows exactly the same rule.
Example: for a work sold for €20,000, the flat-rate tax is €1,300 (6.5% of €20,000), whatever price it was bought for.
Exemption: no tax is due if the sale price does not exceed €5,000 (article 150 VJ). This threshold is assessed item by item, except where the items form a set.
The filing and payment arrangements depend on the conditions of the sale (auction house, dealer, direct sale): enquire with the intermediary or your tax office.
Capital gain on a work of art: the calculation
The seller may waive the flat-rate tax and opt for the capital gains regime. The calculation of the capital gain on a work of art is then done as follows:
- Gross capital gain: sale price minus proven acquisition price.
- Allowance for length of ownership: 5% per year of ownership beyond the second.
- Taxation of the remaining capital gain: income tax at the flat rate for capital gains, plus 17.2% social charges.
For example, for an item owned for 10 years, the 8 years beyond the second give entitlement to a 40% allowance. The exact count of years of ownership is made from the proven date of acquisition: check it with your adviser.
Capital gain on a work of art: the exemption
The allowance increases each year: the capital gain is fully exempt after 22 years of ownership. For an item bought long ago for which you have kept the invoice, the option can therefore lead to paying no tax on the capital gain, whereas the flat-rate tax would apply to the whole price.
Finally, remember that the sale of an item whose price does not exceed €5,000 is exempt (article 150 VJ).
Flat-rate tax or capital gains: the comparison
| Flat-rate tax | Capital gains regime (by option) | |
|---|---|---|
| Application | By default | By option, irrevocable (form 2092) |
| Basis | Sale price | Gain: sale price minus acquisition price |
| Rate | 6% + 0.5% CRDS = 6.5% | Income tax at the flat rate for capital gains + 17.2% social charges |
| Length of ownership | No effect | Allowance of 5% per year beyond the 2nd year; full exemption after 22 years |
| Sale at a loss | Tax due all the same | No capital gain, so no tax |
| Supporting documents | No proof of purchase needed | Date and price of acquisition to be proved |
| Sale price up to €5,000 | Exemption, item by item (except for a set) | |
In practice, the option is mainly worthwhile when the item has been owned for a long time, when the gain is small relative to the price, or in the case of a sale at a loss. The flat-rate tax remains the only route when nothing can be proved.
Form cerfa 2092 and the supporting documents to keep
The option is made using form 2092 (often called cerfa 2092). It is irrevocable: once exercised for a sale, you can no longer go back to the flat-rate tax. Above all, it is possible only if you can prove the date and price of acquisition.
This is where everything is decided, sometimes decades before the sale. Useful documents include:
- the invoice or the auction house’s purchase slip;
- a receipt or any dated document stating the price paid;
- for an inherited item, the estate return that mentions it with its value;
- for an item received as a gift, the deed of gift.
An item described too vaguely in an estate return (“assorted jewellery”, “paintings”) will be hard to link to the item sold. Hence the value of a precise estate inventory, with photos and descriptions. And before selling, a serious valuation helps you choose: see having a painting valued.
This guide concerns sales made by private individuals. For a particular situation, have the applicable regime confirmed by a notary, a tax lawyer or your tax office.
With Collectalia
Each item has its own record, where the invoice, the purchase slip, the certificate or the extract from the estate return stay filed with the item, along with the date and price of acquisition, successive valuations and the provenance history. On the day of the sale, you find the necessary supporting documents in seconds, and the sale is recorded on the record. Family offices and advisers can consult these files read-only.
Disclaimer. Collectalia is not a legal, tax or insurance advice site. The information on this page is general and based on French legislation in force as of 09/11/2026: it may change, does not necessarily apply outside France and does not take your situation into account. Always have it checked by a notary, a lawyer, an accountant or your insurer before acting on it.