Taxes on Collectibles: What You Need to Know
Selling collectibles involves a unique set of tax rules. Learn how these regulations differ from other investments and what it means for your financial outcome.
Selling collectibles involves a unique set of tax rules. Learn how these regulations differ from other investments and what it means for your financial outcome.
The sale of collectibles, such as art, antiques, and stamps, carries unique tax implications. The Internal Revenue Service (IRS) has established specific rules for these assets that differ from those for more common investments like stocks or real estate. The tax treatment depends on how an item is defined, the profit or loss from its sale, the applicable tax rate, and correct reporting procedures.
The IRS provides a broad definition of what constitutes a collectible for tax purposes. According to Internal Revenue Code Section 408, a collectible includes any work of art, rug, antique, metal, gem, stamp, or coin. This classification extends to alcoholic beverages and any other tangible personal property the IRS determines to be a collectible, like rare comic books or vintage sports cars. The key factor is whether an item has additional value due to its rarity or demand.
Certain financial products are also treated as collectibles. Exchange-traded funds (ETFs) that invest directly in physical precious metals are taxed as collectibles, meaning gains from selling shares are subject to these specific tax rules, not standard rates for securities.
The first step in determining the tax on a sold collectible is to calculate the capital gain or loss by subtracting the item’s cost basis from its selling price. The selling price is the total amount you received for the item, including cash, property, or services. The cost basis represents your total investment in the asset for tax purposes.
For a collectible that was purchased, the cost basis starts with the original purchase price. This amount is then increased by any additional costs directly associated with the acquisition and maintenance, including buyer’s premiums, commissions, shipping fees, and costs for professional restoration. The rules for determining cost basis change if the collectible was not acquired through a direct purchase.
When a collectible is inherited, its cost basis is determined by a “stepped-up basis” rule. This means the basis is the fair market value (FMV) of the item on the date of the original owner’s death. This value can be established through a formal appraisal or by analyzing sales of comparable items. The stepped-up basis provides a tax advantage, as any appreciation in the collectible’s value during the deceased owner’s lifetime is not subject to capital gains tax.
For collectibles received as a gift, the rule is different and generally less favorable. In this scenario, the recipient must use a “carryover basis.” This means the recipient’s cost basis is the same as the original owner’s cost basis. This requires the recipient to obtain the original purchase records from the donor to properly calculate any future gain.
The tax rate applied to the profit from selling a collectible depends on how long the item was held, which determines if the gain is short-term or long-term.
Gains from collectibles held for more than one year are long-term capital gains. Unlike most other long-term gains taxed at 0%, 15%, or 20%, net gains from collectibles are taxed at a maximum rate of 28%. Depending on a taxpayer’s income, they may also be subject to an additional 3.8% Net Investment Income Tax (NIIT).
If a collectible is held for one year or less, the gain is classified as short-term. Short-term capital gains are taxed at the individual’s ordinary income tax rates, which can range from 10% to 37%.
If the sale of a collectible results in a loss, that loss can be used to offset capital gains. Losses from collectibles must first be used to offset any gains from other collectibles. Any remaining loss can then be used to offset other capital gains, such as those from stocks or bonds.
The gain or loss from the sale of a collectible must be reported to the IRS on Form 8949, Sales and Other Dispositions of Capital Assets. On Form 8949, you must provide a description of the collectible, the date it was acquired, and the date it was sold. You will also enter the sales price and the cost basis.
For long-term sales of collectibles, it is important to enter code “C” in column (f) to indicate that the transaction involves a collectible subject to the 28% tax rate. The totals from Form 8949 are then transferred to Schedule D, Capital Gains and Losses, which consolidates all of a taxpayer’s capital asset transactions.
Both Form 8949 and Schedule D must be attached to your annual income tax return, Form 1040. The net capital gain or loss from Schedule D is then carried over to the main Form 1040.
Owning collectibles involves several other unique tax situations that can impact financial planning.
Donating a collectible to a qualified charity can result in a tax deduction, but the amount depends on the “related use” rule. If the charity’s use of the item is related to its tax-exempt purpose, such as a museum displaying a donated painting, the donor may deduct the full fair market value. However, if the charity’s use is unrelated, for example, if a hospital sells a donated antique, the deduction is limited to the donor’s cost basis. For noncash donations valued over $5,000, a qualified appraisal is required, and Form 8283 must be filed.
The tax code generally prohibits Individual Retirement Accounts (IRAs) from investing in collectibles. If an IRA acquires a collectible, the transaction is treated as a taxable distribution equal to the cost of the item. However, there are specific exceptions. IRAs are permitted to invest in certain U.S.-minted gold, silver, and platinum coins, as well as certain types of gold, silver, platinum, and palladium bullion of a specific fineness, provided it is held by an approved bank or trustee.
Prior to the Tax Cuts and Jobs Act of 2017 (TCJA), collectors could use a “like-kind” exchange under Section 1031 to defer capital gains taxes by swapping one collectible for another. The TCJA eliminated this provision for personal property, including collectibles. As of 2018, like-kind exchange treatment is only available for real property.