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The Secret World of Art Tax Havens: How Billionaires Use Freeports to Avoid Taxes

Written by Kohari Gonzalez Oneyear & Brown | Nov 2, 2024 12:30:00 PM

In the realm of the ultra-wealthy, art serves as a cunning tax-saving tactic in addition to being an aesthetic investment and a cultural delight. In the HBO series Succession, Roman famously remarks that Logan Roy has "like three Gaugin's no one has ever seen" stashed away in vaults for "tax reasons." However, what precisely are these hidden vaults, and how can billionaires conceal artwork from tax collectors?

Enter the mysterious world of freeports luxury warehouses where some of the most valuable art collections on Earth are stashed, often out of sight, and beyond the reach of tax laws. These high-security facilities serve as tax havens for billionaires, allowing them to buy and hold fine art without the burden of sales tax, import duties, or capital gains tax.

What Are Freeports?

Freeports are special economic zones, which are basically warehouses situated in major international cities such as Singapore, Geneva, and Luxembourg. Rich collectors can store their artwork, antiques, and other valuable possessions in these facilities without paying taxes. For example, owners who have a Van Gogh painting hanging over their mantle might escape paying taxes because the works are officially in transit or storage and haven't entered any country's market.

The concept of freeports originated in nineteenth-century Switzerland where extremely secure storage facilities were constructed to hold valuable commodities, as well as goods like grain, coffee, and valuable spices. In recent years, freeports have gained mainstream attention in films like Tenet and TV shows like Succession, where the characters often allude to the vast fortunes tied up in these secret vaults. In the Succession scene where Roman mentions the Gaugins, he's referencing a common practice among the wealthy elite-art hidden in freeports for years, often never even displayed, purchased solely for investment and tax purposes.

How Do Freeports Work?

Instead of taking art home with them, millionaires may have it shipped straight to a freeport. The component is legally exempt from taxation in any nation once it is securely kept. The owner can frequently sell it later without incurring the taxes that are typically associated with capital gains or the selling of luxury goods.

For instance, a millionaire may purchase a Picasso at a London auction and have it sent straight to a Geneva freeport. Without the millionaire paying any taxes, the artwork might remain there for decades as its value increased.

The Global Network of Freeports

Freeports are positioned strategically all over the world, usually in areas that are tax-friendly. Among the most well-known freeports are:

  • Geneva Freeport: Switzerland's Geneva Freeport is recognized as the pinnacle of art storage facilities. This complex of buildings, which is renowned for its privacy, safety, and favorable tax environment, is home to artwork valued at billions of dollars.
  • Singapore Freeport: A hub for the Asian and international art markets, this establishment is also a favorite among ultra-wealthy collectors. Singapore is the ideal place for long-term art storage because of its alluring tax laws.
  • Delaware Freeport: Just a short distance from home for the American 1%, Delaware boasts its own freeport, where collectors seeking to hide their investments from the public view are drawn by the state's advantageous tax laws.

Why Do Billionaires Love Freeports?

1. Tax Efficiency: The biggest draw of freeports is the ability to legally avoid taxes. Wealthy individuals can store their art without paying sales tax, VAT, or import duties.

  • No Import Duties: Since the art never officially enters a country, there's no need to pay import taxes. A Picasso purchased in France and sent directly to a freeport in Geneva, for instance, bypasses any French import duties that would normally apply if the artwork were brought into the buyer's home country.
  • No Sales Tax: In many countries, sales tax on fine art can be substantial. By storing art in a freeport, the buyer avoids sales tax, as the artwork is considered in transit and not yet "delivered" to a taxable location.
  • No Capital Gains Tax: When the artwork is sold, the transaction can take place directly in the freeport without the piece ever entering a taxable country. As a result, the seller avoids paying capital gains taxes on the profit, as the sale technically occurs in a tax-free zone.

2. Privacy and Security: Freeports offer the highest levels of security. For the elite, privacy is crucial, and freeports allow their art investments to remain hidden from public view and legal scrutiny.

3. Speculation and Investment: Art is increasingly seen as a powerful investment vehicle. Pieces from masters like Monet, Van Gogh, and Rothko often appreciate in value over time. Storing them in a freeport allows collectors to buy and sell art without being hit with capital gains taxes or public knowledge of the transaction.

Ok, But What's the Catch?

Critics contend that freeports benefit primarily the extremely wealthy by providing vast chances for tax evasion. Because of its opaqueness, which makes it challenging to trace ownership and financial transactions, these facilities have also been connected to money laundering issues.

A report issued by the European Parliament pointed out the potential dangers of freeports, suggesting they could be used to stash illicit funds alongside legal investments. As the art world becomes increasingly financialized, watchdogs have called for more transparency around freeports and the billions stored within.

Although the majority of attention is frequently focused on European freeports, such as those in Switzerland and Luxembourg, the United States also has a growing number of tax havens. Americans are increasingly using freeports, particularly those who have multiple residences or interests overseas. Some large art collectors, for instance, have chosen to keep their pieces in tax-friendly locations, such as the Delaware freeport described above.

Are Freeports a Loophole for U.S. Citizens?

Although freeports provide substantial tax benefits to collectors throughout the globe, it's crucial to remember that Americans are still subject to taxes on their foreign earnings. According to U.S. tax law, regardless of where the assets are physically situated, U.S. residents are required to declare and pay taxes on any income or capital gains on valued assets, including artwork, even if such assets are kept in foreign freeports.

Freeports do not offer legal protection from federal taxes in the United States, but they may assist avoid import and sales taxes in other countries. This implies that in order to stay out of trouble with the law, American collectors who use freeports must still adhere to the IRS's reporting obligations.

The Future of Freeports: Will International Regulations Catch Up?

The future of freeports is dubious as governments begin to tighten down on tax dodging techniques worldwide. There are discussions in areas like the EU about proposals for increased monitoring, transparency, and reporting requirements.

The UK's ongoing debate over taxing wealthier residents more heavily could also impact those using freeports as tax havens. Although this unfolding situation is more focused on real estate and personal income, the art world may not remain immune for long.

In addition, the European Parliament has discussed enacting stronger laws to restrict the use of freeports for money laundering and tax evasion. Regular audits of held assets and the required disclosure of ownership and transaction data are some of the suggested procedures. The United States has also shown interest in strengthening freeport laws, with legislators looking at the prospect of plugging tax-evasion loopholes for art collectors. These legislative initiatives have the potential to drastically alter freeport operations and lessen their allure.

One of the most intriguing and contentious tax schemes still employed by the ultra-wealthy today is freeports. These vaults are more than simply a location for art, as seen by their depiction in Tenet and the rumors in Succession. Freeports are an effective instrument in the world of international money. Even if they provide legitimate tax avoidance, regulators and insiders in the art world are increasingly looking into them.

We can only speculate: Will the future millionaires burn their Gauguin for the insurance money, as Succession's Karl implies, as the art market keeps expanding and freeports gain popularity? Or will they keep coming up with creative new methods to hide their valuables behind tax laws and layers of concrete?