Italian Cultural Heritage Law: The Evolving Landscape For The Art Market

Italy continues to position itself as one of the most dynamic and competitive jurisdictions in Europe for the sale and purchase of artworks.

In this context, a number of significant amendments to the Italian Cultural Heritage Law (Codice dei Beni Culturali e del Paesaggio) will come into force as of 14 April 2026, further enhancing the attractiveness of Italy for the art market.

Under Italian law, the export of artworks is subject to different rules and potential limitations depending on whether a work qualifies as bene culturale, as well as on its age and value. The new provisions directly address the export certificate (attestato di libera circolazione) regime, with the aim of facilitating and broadening the circulation of artworks, by reducing administrative burdens and increasing legal certainty for owners and market participants.

The key developments include:

• A significant increase in the value threshold for obtaining an export certificate (attestato di libera circolazione) for artworks which has been raised from €13,500 to €50,000.
• An extension of the validity period of self-declarations (to be submitted for artworks below the relevant threshold) from 6 months to 5 years, thereby aligning its duration with that of the export certificate.
• A new protective rule for artworks by foreign artists, pursuant to which an export certificate may not be denied unless the artwork is shown to have a specific and demonstrable connection to Italian cultural heritage.

These amendments operate within an already favourable Italian tax framework for the art market, particularly in light of the reduced 5% VAT rate applicable to the sale and importation of artworks, further positioning Italy as one of the most competitive jurisdictions in Europe

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