Revised on 7 November 2026. Should any information have changed, please notify me and I shall update it.
Selling a work purchased years ago necessitates three decisions: the method, the documentation, and the final tax invoice. All three are addressed here for those selling as private individuals, without professional activity in the art market. This does not constitute tax or legal advice.
Four methods
Return it to the gallery that sold it. Some galleries agree to resell work by their artists, either on commission or by purchasing it themselves. They possess knowledge of the market for that specific work and protect the artist's pricing, which in turn protects you. In return, they determine the pace.
Auction. The house estimates a price, includes it in a catalogue, and charges the seller a commission on the hammer price, plus costs for photography, insurance, and occasionally the catalogue. Everything is negotiated prior to signing the consignment agreement, including the reserve price below which the work will not be sold. An auction provides a public price, which may assist or hinder the artist and the works you retain.
Direct sale to another collector or an institution. This saves on commissions but requires you to perform the work: pricing, contract, transport, insurance, and collection. A sale to a museum also involves its acquisitions committee and administrative timelines.
Online platforms. These broaden the audience and typically charge a commission or fee. Read their terms: who is liable to the buyer, what occurs if the work arrives damaged, and what data of yours they communicate to the tax authorities, as platforms are obliged to report those who sell through them.
My criteria: for work by a living artist with a gallery, the first call is to the gallery. For work whose market is primarily auction-based, compare at least two houses. Direct sale is worthwhile when you already have a buyer.
Whatever the method, request the settlement in writing: hammer or sale price, commissions, taxes, transport, insurance, and the net amount you will receive.
Documents the buyer will request
Before gathering them, verify that you are entitled to sell: whether the work is yours exclusively, whether it forms part of an undivided inheritance, whether it is in storage, or whether it has any encumbrances. If you are acting on behalf of another person or a company, document the representation.
Invoice or document of your original purchase. Certificate of authenticity, if it exists, and who signed it. Provenance, exhibition, and publication history. Recent condition report. If the work is over one hundred years old or is inventoried, information regarding its administrative status, as removing it from Spain requires a permit. The more complete this file is, the less room there is for negotiation due to uncertainty.
A serious buyer may also request identification. Galleries and auction houses are subject to anti-money laundering regulations and apply due diligence to their clients, including those who are selling.
Taxes
If you sell as a private individual, the transaction is not subject to VAT. What is taxed is the capital gain in the personal income tax (IRPF): the difference between what you obtain, after deducting commissions and sales expenses, and what you paid, plus purchase expenses. If the work was inherited or received as a donation, the starting value is that declared in the corresponding tax.
The gain is integrated into the savings base and taxed in brackets. Check the rates for the year of the sale, as they may change. If you purchased before 31 December 1994, a portion of the gain may be reduced by the so-called abatement coefficients, subject to an overall limit. A loss, if any, may be offset against gains in the same base.
Keep the purchase invoice. Without it, demonstrating the acquisition value is difficult, and the tax authorities may consider it to be zero.
After selling
Keep the contract or invoice, the settlement, the proof of payment, the exit condition report, and the transport document. Update the collection inventory without erasing the history of the work: the record also serves to document its future provenance.
Resale right
When the resale is conducted with the intervention of a market professional, whether a gallery, auction house, or dealer, and the price reaches 800 euros excluding taxes, the author or their heirs are entitled to a percentage paid by the seller. It is 4% of the first 50,000 euros, with lower percentages in subsequent brackets and a maximum of 12,500 euros per work. It is mandatorily managed by a management entity, and the professional involved is responsible for its payment.
Many websites continue to cite the 1,200 euro threshold from the 2008 law, which was repealed in 2019. Direct sales between private individuals, without a professional, do not generate this right. The guide on the resale right explains the brackets, exceptions, and how it is settled.
Further reading
- Buying art at auction: estimation, commission, and delivery
- Authenticity, attribution, and forgery: a guide for collectors
- Importing and exporting works of art in Spain: permits and licences
- Preparing for the succession of an art collection
On the open conversation
If you work in a gallery or an auction house, or have sold work from your collection, your experience can refine this guide. This notebook remains open.
Sources
- Royal Legislative Decree 1/1996, consolidated text of the Intellectual Property Act, art. 24, as amended by Act 2/2019 and Act 14/2021.
- Act 35/2006, on Personal Income Tax (IRPF), arts. 33 to 37 and 46, and the ninth transitional provision.
- Act 10/2010, on the prevention of money laundering, art. 2.1.