Section 195 of the Taxes Consolidation Act 1997 provides for an exemption from income tax for qualifying artistic works of up to €40,000 per annum. The exemption is subject to the high earners’ restriction, which limits the amount of specified tax reliefs that can be allowed in any one tax year.
The guidelines which govern the exemption are drawn up by the Arts Council and the Minister for Arts, Heritage and the Gaeltacht, with the consent of the Minister for Finance. These guidelines determine, for the purposes of Section 195, whether a work is an original and creative work and whether it has, or is generally recognised as having, cultural or artistic merit. The Revenue Commissioners may consult with a person or body of persons, such as The Arts Council, which may be of assistance to them in reaching decisions in relation to Artists Exemption. These guidelines are currently under review.
The existing Guidelines are available on the Revenue website at http://www.revenue.ie/en/tax/it/reliefs/artists-exemption.html.