Visual artists can donate their own work to charity and get a donation receipt; but the tax advantages are minimal when the transaction is handled properly. In some cases it can actually cost you money to report the transaction at all.
When an artist donates their work to a registered charity, the charity can issue a donation receipt and sometimes the amount is significant. This is called a gift-in-kind. The artist can then apply the donation to reduce taxes in the normal way.
But what often gets forgotten is that at the same time you claim the donation, you have to declare income in the same amount. Even though no actual cash changed hands, from CRA’s perspective the transaction is equivalent to you selling the artwork and then donating the money back to charity.
The result is that the in-kind charitable donation has little or no impact: income rises by X, and is more or less cancelled out by a donation of X. Net result: $0.
Let’s say you create a work of art whose fair market value (FMV) is $1,000. You donate it to a registered charity and they give you a receipt for $1,000.
You must declare the painting as sold for $1,000, then claim a charitable donation of $1,000.
This fact may not be intuitively obvious, that you have to declare income. But let’s look at it another way. Say you make a donation of $1,000 in cash to charity. You claim the charitable donation and get a tax credit. But remember that the $1,000 originally came out of your pocket; you earned it at some point in the past, so it was already declared on a tax return as income. Income in, donatio
If your income is very low so that you’re not taxable, you can still get some benefit from the donation part of this transaction by transferring the donation to your spouse’s return.
One warning: if your net income (after expenses) puts you in a moderately high tax bracket (currently about $100,000 as of 2024) the tax triggered by the deemed sale
will be higher than the tax saved by applying the charitable donation receipt. Since no money actually changed hands, you can go ahead and ignore the transaction on your tax return to avoid paying the difference.
Hi Sunny,
I believe it’s important to understand that the donation of an artwork to a public gallery can take up to a year to complete, in particular, if you are wishing to apply for Canadian cultural property certification. There are art advisors and qualified appraisers who can help the artists with this process. But to start, the artists/potential donors may want to discuss the possible donation with family, think about which museums/charities are important to them and why, and then contact the charity to see what their policies are regarding donations and if they are willing to accept a proposal for donation. For artwork to an art museum, the work must meet their collection guidelines and goals and be reviewed by curatorial and donations committees. An advisor can assist in the selection of museums that best match their artwork. An appraisal is also required by a qualified appraiser to establish the value of the donation. The initial preparation can take quite a bit of time as well as the actual donation stages. In addition, there are costs associated with the donation including the appraisal, packaging and shipping of the artwork.