What counts as a “work of art”?
The statutory definition is more specific than the ordinary expression “art and antiques”. It includes qualifying:
- paintings, drawings, collages and similar pictures;
- original engravings, lithographs and other prints;
- sculptures and certain sculpture casts;
- tapestries and other wall hangings;
- ceramics and enamels on copper; and
- signed and numbered limited-edition photographs.
Certain edition limits and production requirements apply. Not every antique, collectible, item of jewellery, watch, piece of furniture, book or other object offered at auction is automatically a “work of art” for these purposes. An antiquity may qualify if it also satisfies the definition—for example, an ancient sculpture.
HMRC currently considers AI-generated art, non-fungible tokens and giclée prints to fall outside the statutory definition.
Why might checks apply to every auction?
Lyon & Turnbull offers a wide range of objects through the same registration, bidding, payment and collection systems. Whether a particular lot falls within the statutory definition can sometimes depend on detailed questions about its materials, production method or edition size.
We therefore apply a consistent baseline identification policy across our auctions. New bidders—and returning bidders whose details require updating—may be asked for photographic identification and proof of address, regardless of the department or lot in which they are interested.
This does not mean that every transaction is subject to the statutory art-market AML regime. A consistent registration policy also helps us verify our clients, administer bidding accounts, prevent fraud, comply with financial sanctions and manage payment and collection risks. The extent of any additional enquiries will depend on the legal requirements and the circumstances of the transaction.
What information may be requested?
For an individual, checks commonly include photographic identification and evidence of the current address. A company may be asked for incorporation documents, details of directors and information identifying the individuals who ultimately own or control it.
Trusts, partnerships, offshore companies and other structures may require additional information. A person bidding or selling for somebody else should disclose that arrangement at the outset, as the auction house may need to verify both the agent and the underlying client and obtain evidence of authority to act.
Depending on the risk, value and circumstances, questions may also be asked about source of funds or source of wealth. Payment from an account in a different name, an unexplained change of delivery address or an undisclosed intermediary may require clarification.
Why existing clients may be checked again
Due diligence is not a one-off exercise. Identification expires, addresses and company ownership change, and a client’s activity may differ from previous transactions. Lyon & Turnbull’s Conditions of Sale allow us to request updated identification, financial references or other information where appropriate.
Personal information must be handled in accordance with UK data-protection law and retained securely for the periods required by law. Further information is available in our Privacy Notice.
