Art & Cultural Property Law 2026

Last Updated April 14, 2026

Liechtenstein

Law and Practice

Authors



Ospelt & Partners Attorneys at Law Ltd. is a Liechtenstein commercial law firm advising international private clients, foundations, family offices and financial institutions on corporate, regulatory and dispute-resolution matters, with particular experience relevant to art and cultural property through its work on foundations, estate structuring, cross-border asset holdings and contentious proceedings involving high-value movable assets. The firm’s team of approximately a dozen lawyers operates from its Schaan office and collaborates with fiduciary, tax and asset-management professionals across Switzerland, Austria and Germany. Its expertise in foundation law, private wealth structures, inheritance planning, financial regulation and litigation regularly intersects with art ownership, provenance issues, succession planning for collections and disputes concerning asset control. Recent work includes advising private structures holding internationally located assets, assisting with cross-border succession and foundation governance matters, and representing clients in complex commercial and asset-related disputes.

The legal framework governing art and cultural property in the Principality of Liechtenstein is defined by a combination of domestic statutes and incorporated foreign legislation. Rather than a single, comprehensive art law code, the system is shaped by the interaction of private law, intellectual property regulations, and administrative rules on heritage protection.

The foundational statute for private law is the General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB). Originating from Austrian law, the ABGB regulates obligations and the essential principles of contract law. In the art market, it forms the legal basis for sales contracts (Section 1053 ff of the ABGB) and mandate agreements (Section 1002 ff of the ABGB), both commonly used for art advisory services. It also governs general principles of damages (Section 1293 ff of the ABGB) and private autonomy. In the field of copyright, the Author–Publisher Contract (Verlagsvertrag; Section 1160 ff of the ABGB) also plays a significant role, as it frequently governs the contractual relationship between authors or artists and their publishers or distributors.

Property law is primarily regulated by the Law on Property Rights (Sachenrecht, SR). While the ABGB contains general rules on possession, the SR provides specific provisions on the acquisition of title and the creation of security interests such as pledges over movable property. The SR is based on the Swiss Civil Code (ZGB). The coexistence of Austrian and Swiss legal influences requires careful consideration of which legal principles apply to a given issue.

Specific protections for artistic works and the rights of authors are set out in the Copyright Act (Urheberrechtsgesetz, URG). The preservation of cultural heritage is governed by the Cultural Goods Act (Kulturgütergesetz, KGG) and the Cultural Property Protection Ordinance (Kulturgüterschutzverordnung, KGSV). These statutes define the requirements for registering national heritage and outline the duties of owners of protected assets. In addition, the Persons and Companies Act (Personen- und Gesellschaftsrecht, PGR) provides a legal framework for foundations and trusts, which are frequently used to hold art collections.

Liechtenstein is a party to several international conventions, including the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illegal Import, Export and Transfer of Ownership of Cultural Property and the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. These international commitments are implemented primarily through the KGG and KGSV. Due to the 1923 Customs Treaty with Switzerland, the Swiss Federal Act on the International Transfer of Cultural Property (KGTG) also applies directly in Liechtenstein.

The Office of Culture (Amt für Kultur) is the primary authority responsible for administering the KGG. Its duties include maintaining the Cultural Goods Register and supervising the handling of protected cultural assets. The Financial Market Authority (FMA) oversees art market participants under the Due Diligence Act (Sorgfaltspflichtgesetz, SPG), ensuring compliance with anti‑money laundering and counter‑terrorist financing requirements. Meanwhile, the Office of National Economy (Amt für Volkswirtschaft) acts as the supervisory body for copyright collecting societies.

Copyright protection in Liechtenstein applies to intellectual creations in the fields of literature and art that possess an individual character (Article 2, Abs. 1, Urheberrechtsgesetz (URG) – the Swiss Copyright Act). This includes visual arts, paintings, sculptures, and photographic works. A work has the required individual character when it reflects the creative personality of the author. The threshold for originality is generally interpreted broadly, ensuring that a wide range of artistic expressions qualify for protection.

The Copyright Act grants authors a bundle of exclusive rights, which are divided into economic and moral rights. Economic rights allow the author to determine if, when, and how their work is used (Article 10 of the URG). In particular, the author has the exclusive right to reproduce the work and to offer or distribute copies. They also hold the exclusive right to make the work accessible to the public, including through digital platforms or online communication.

The right of distribution (Article 10, Abs. 2 Bst. b, URG) is subject to the principle of exhaustion. Once the author has sold a physical copy of the work or has consented to its sale within the European Economic Area (EEA), further distribution of that specific copy no longer requires the author’s permission (Article 13 of the URG). This supports a free secondary market for physical artworks. However, the exhaustion principle does not apply to the online making available of works in digital formats.

Moral rights (Urheberpersönlichkeitsrechte) safeguard the personal relationship between the author and their work. The author has the exclusive right to be identified as the creator and to decide when and how the work is first published (Article 9 of the URG). Additionally, the right of integrity (Article 12 of the URG) prevents any unauthorised modification that could harm the author’s reputation. Even when a third party is authorised to alter the work, the author may object if the change compromises their artistic standing.

Where two or more persons contribute to the creation of a work in such a way that their individual contributions cannot be separated, they hold the copyright jointly (Article 7(1) of the URG). As a result, the exploitation of a joint work generally requires the unanimous consent of all co‑authors. However, the law specifies that such consent may not be withheld in bad faith (Article 7(2) of the URG), ensuring that a single co‑author cannot unreasonably prevent the commercial or artistic use of the work.

Each joint author also has the independent right to initiate legal proceedings in the event of copyright infringement. Nevertheless, any claims for relief must be asserted for the benefit of all joint authors (Article 7(3) of the URG). This requirement protects the collective economic interest in the work, even when only one author takes the initiative to enforce rights in court. Any monetary compensation obtained through such legal actions must be shared among the co‑authors in proportion to their contributions.

If the contributions of the authors can be separated, each author may exploit their own contribution independently (Article 7(4) of the URG). This applies only where such exploitation does not impair the use or value of the joint work as a whole. Because joint authorship can create legal and practical complexities, it is common for collaborators to enter into written agreements. These agreements typically address the distribution of income, the management of moral rights, and procedures for resolving disputes or deadlocks.

Copyright infringement in Liechtenstein triggers both civil and criminal sanctions. Under civil law, the rights holder may seek a court injunction to stop infringing acts (Article 57 of the URG). The court can additionally order the removal of the infringing condition, the destruction of unlawful copies, or the surrender of the tools used to create the infringement. These measures are intended to restore the author’s exclusive control over the work.

Financial remedies are also available to the injured party under the ABGB and the URG. These include damages, moral satisfaction, and the surrender of profits (Article 57, Abs. 2, URG). Damages require proof of fault – such as intent or negligence – and a causal link to a financial loss (Section 1293 ff of the ABGB). Moral satisfaction (Genugtuung) may be awarded for personal suffering caused by the infringement of moral rights.

The surrender of profits is based on the principles of unjust enrichment (Section 1041 of the ABGB). The infringer may be required to pay the rights holder the profits gained from the unauthorised use of the work. This remedy does not strictly require proof of fault, and it is particularly effective where the primary harm arises from the commercial exploitation of an artist’s creation.

Criminal penalties are set out in Article 61 ff of the URG. Intentional copyright infringement is punishable by imprisonment of up to one year or a monetary penalty of up to 360 daily rates. If the infringement is committed for commercial gain, the penalty increases to a custodial sentence of up to three years. In such cases, the Office of the Public Prosecutor pursues the matter ex officio. Rights holders may also request assistance from customs authorities to prevent the movement of infringing goods (Article 70 ff of the URG).

Liechtenstein does not maintain a central or mandatory register for the acquisition of copyright. Protection arises automatically upon the creation of a work of art, provided it meets the requirement of individual character (Article 32, Abs. 1, URG). Although Article 8, Abs. 3, URG allows for the establishment of a voluntary register that would create a rebuttable presumption of authorship, no such register has been implemented.

As a result, proof of authorship and the date of creation must instead be established through secondary evidence. This may include provenance documentation, exhibition history, artist statements, and inclusion in catalogues raisonnés. In legal disputes, the burden of proof initially lies with the party claiming copyright protection.

Because no official register exists, artists and collectors must maintain thorough and careful records to protect their interests in cases of alleged plagiarism.

The Resale Right (Folgerecht) is a mandatory element of Liechtenstein copyright law (Articles 15a–15g of the URG). It ensures that artists and their heirs receive a percentage of the sale price whenever original artworks are resold. The right applies whenever an art market professional – such as an auction house or gallery – is involved as a buyer, seller, or intermediary (Article 15b of the URG).

The royalty is calculated on the sale price excluding taxes and follows a degressive scale (Article 15d of the URG). The applicable rates are 4% for the portion of the sale price up to CHF78,000 and 3% for the portion between CHF78,000 and CHF312,000. Lower percentages apply to higher price tiers, ensuring that the financial burden remains proportionate for high‑value transactions. The total royalty payable for a single resale is capped at CHF19,500.

Resales below a price of CHF4,700 are exempt from the royalty requirement. The resale right is inalienable and cannot be waived (Article 15a, Abs. 2, URG). It remains in force for the entire duration of copyright protection. Collecting societies are responsible for enforcing and collecting payments and are granted an information right, enabling them to request necessary data from art market professionals for up to three years following the resale (Article 15g of the URG).

The use of copyrighted images of artworks generally requires obtaining a licence. However, the Swiss Copyright Act (URG) provides statutory exceptions, known as limitations (Article 22 ff of the URG). Personal use within a private circle – such as family and close friends – is permitted. Likewise, the use of works for educational purposes or for internal documentation within enterprises is allowed under specific conditions, provided that the use does not involve the commercial exploitation of the images.

A work that is part of a publicly accessible collection may be reproduced in exhibition and auction catalogues (Article 28 of the URG). This exception is intended to support the promotion of cultural events and ensure transparency in the sale of art. Additionally, works that are permanently located in public spaces – such as sculptures in parks – may be depicted in two‑dimensional formats (Article 29 of the URG). This “freedom of panorama” does not, however, allow for reproductions that serve the same purpose as the original work.

For commercial uses that fall outside these statutory exceptions, users must obtain licences from the author or the relevant collecting society. These societies publish approved tariffs specifying the fees applicable to different types of usage. Tariffs must be reasonable and non‑discriminatory. The Office of National Economy oversees the activities of collecting societies to ensure compliance with national law, particularly the Collecting Societies Act (VGG), which governs the management of copyright and related rights.

Liechtenstein law does not establish a specific legal right to authenticate artworks. Instead, authenticity is treated as a question of fact rather than a separate legal title. In the event of a legal dispute, the court assesses the evidence submitted by the parties to determine the origin of the work. Such evidence may include provenance documentation, scientific analyses, and expert opinions.

While an artist is alive, their own statement regarding a work is generally regarded as definitive. After the artist’s death, the responsibility for authentication often passes to heirs, foundations, or expert committees. These entities may maintain the artist’s legacy and issue certificates of authenticity. Although these certificates are not legally binding on a court, they carry significant weight in the art market and serve as persuasive evidence in litigation.

Artists’ foundations often maintain a catalogue raisonné, which functions as the definitive list of an artist’s works. Under the principle of private autonomy, a foundation generally cannot be compelled to examine a work or issue an opinion. Foundations retain the right to refuse the inclusion of a work in their catalogues based on their own professional and stylistic assessments. This discretionary authority is viewed as a means of protecting both the foundation’s reputation and the integrity of the artist’s legacy.

However, a foundation that holds a dominant position in the art market must ensure that its decisions do not constitute discriminatory conduct under competition law. If a foundation refuses to evaluate a work without objective justification, such behaviour could potentially be regarded as an abuse of its dominant position. Conversely, a negative authentication outcome based on a thorough and well‑documented examination is normally considered a legitimate exercise of professional discretion.

At present, there is no published case law in Liechtenstein requiring a private foundation to perform authentication.

A buyer who discovers that an artwork is inauthentic has several civil remedies under the ABGB. The most common remedy is to avoid the contract on the basis of an essential error that concerns either the main subject of the agreement or a characteristic that was decisive for entering into the contract (Section 871 of the ABGB). To succeed, the buyer must demonstrate that they were mistaken about a core attribute of the artwork – such as its authenticity – and that this error was either caused by the seller or should have been apparent to the seller.

If the contract is deemed void, it is rescinded ex tunc. In this case, the buyer is entitled to a refund of the purchase price upon returning the artwork (Section 877 of the ABGB). Claims based on error must be brought within three years from the conclusion of the contract (Section 1487 of the ABGB). However, if the seller intentionally misled the buyer regarding the artwork’s origin, the buyer may assert a claim for fraud (Arglist) under Section 870 of the ABGB, which carries a significantly longer limitation period of 30 years.

In addition, the buyer may pursue claims for breach of warranty (Section 922 ff of the ABGB). If the artwork lacks a quality expressly promised by the seller, the buyer may seek either a price reduction or rescission of the contract. For movable property, warranty claims must typically be brought within two years from delivery (Section 933 of the ABGB). In professional art transactions, however, these statutory time limits are often adjusted by the terms of the sales agreement. High‑value transactions commonly include specific, contractually agreed warranties regarding authenticity that extend beyond the statutory framework.

The Cultural Goods Act (KGG) defines cultural goods as movable or immovable objects of archaeological, historical, artistic, or scientific value (Article 3, Abs. 1, KGG). This category includes items such as paintings, sculptures, manuscripts, and architectural structures. To fall under the protection of the KGG, objects must form part of Liechtenstein’s cultural heritage and be located within the country. Such heritage encompasses items discovered in Liechtenstein as well as those created by Liechtenstein nationals.

The Office of Culture maintains the Cultural Goods Register, where items of national importance may be entered to ensure their preservation and prevent loss or destruction. Additionally, certain objects can be formally “placed under protection” through a government decree (Article 40 of the KGG). This status imposes strict obligations on owners, requiring them to safeguard the object’s preservation and physical security. Owners must also notify authorities of any changes in ownership or location.

Protected objects must be managed in accordance with the Cultural Property Protection Ordinance (KGSV). This includes preparing an emergency plan and marking protected items with the international Blue Shield emblem. Owners are further required to collaborate in the creation of security documentation. This regulatory framework ensures that key cultural assets can be preserved and safeguarded even in emergencies or situations of armed conflict.

Under the Law on Property Rights (SR), the general rule for adverse possession (Ersitzung) is five years of uninterrupted and good‑faith possession (Article 196, Abs. 1, SR). However, the KGG introduces significant exceptions in relation to cultural heritage. Cultural goods owned by the state or by public‑law foundations are inalienable (Article 28 of the KGG). As a result, such items cannot be acquired by third parties through adverse possession or through good‑faith acquisition.

The state’s right to reclaim these inalienable items is not subject to any statute of limitations. This ensures that the public interest in preserving national heritage is prioritised over private property claims in specific circumstances.

For private owners of registered cultural goods, the standard SR rules apply unless the object has been formally placed under protection. In such cases, the owner is required to notify the state of any intended transfer of title. Transfers carried out without the necessary authorisation may be considered null and void.

Archaeological finds discovered in Liechtenstein are considered property of the state (Article 18 of the KGG). This applies to all movable objects found either on the surface or underground. Any person who discovers such an object is required to report the find to the Office of Culture without delay. Failure to comply with this reporting obligation constitutes an administrative offence and may result in fines of up to CHF20,000 (Article 13 of the KGG).

Once a discovery has been reported, the site of the find must remain undisturbed for five working days to allow for an official assessment (Article 14 of the KGG). Excavations may only be carried out by the state or by individuals who have obtained written permission from the Office of Culture. The unauthorised use of technical aids – such as metal detectors – for archaeological purposes is also prohibited.

Although finders are not legally entitled to a reward, the state may, at its discretion, grant compensation based on the historical significance of the find (Article 21 of the KGG).

Art sale contracts in Liechtenstein are governed by the principle of freedom of contract under the ABGB. There are no specific formal requirements for such agreements, meaning that oral contracts are legally binding (Section 883 of the ABGB). However, written contracts remain standard for high‑value art transactions. Essential clauses typically address the passing of title, the transfer of risk, and any warranties regarding the artwork’s authenticity and provenance.

Ownership generally transfers upon the physical delivery of the artwork, unless the parties expressly agree to a retention of title. Under statutory law, the risk of accidental loss or damage passes at the moment the contract is concluded (Section 1064 of the ABGB). In practice, parties frequently deviate from this default rule by stipulating that risk transfers only upon physical delivery. Contracts should also clearly identify the applicable law and designate the competent court or arbitration tribunal for any disputes.

Cross‑border sales are influenced by international private law and customs regulations. In the absence of a choice‑of‑law clause, the applicable law is determined by the Private International Law Act (IPRG), which generally assigns jurisdiction to the state where the seller has their habitual residence. Because Liechtenstein forms a customs union with Switzerland, the Swiss VAT Act applies to the sale of artworks in Liechtenstein, with the current standard VAT rate set at 8.1%.

The import and export of cultural property are governed by the Swiss KGTG. This legislation requires specific documentation for cross‑border movements and may, in certain cases, necessitate an export licence from either Swiss or Liechtenstein authorities. Owners of registered cultural goods must notify the Office of Culture before transporting such items abroad. Any unauthorised export of protected cultural property is considered null and void, and those involved may face criminal penalties. These regulations ensure that the movement of cultural assets complies with established international standards.

Professional galleries and auction houses are generally liable for the authenticity of the works they sell. In professional transactions, authenticity is considered an implicitly warranted characteristic. If a work is later found to be inauthentic, the buyer may assert warranty claims or rescind the contract on the basis of error.

Auction houses often include liability exclusions in their terms and conditions. However, these exclusions are subject to judicial review and may be deemed invalid if considered unconscionable. In practice, an intermediary’s liability often depends on the level of due diligence performed before the sale. Galleries that provide extensive provenance documentation are typically in a stronger position to defend themselves against allegations of negligence.

At the same time, the legal system places significant value on consumer protection, particularly in sales involving private individuals. This framework encourages a high standard of professional conduct and thorough verification practices across the Liechtenstein art market.

Art market professionals have specific due diligence obligations under the Swiss KGTG and the Liechtenstein KGG. They must establish the identity of the seller and obtain a written declaration confirming the seller’s right to dispose of the work. Records of these checks must be maintained for 30 years (Article 16 of the KGTG), ensuring that the history of the work can be reconstructed if legal issues arise in the future.

In addition, galleries are required to verify that the work is not listed in any registers of stolen or looted art. They must also ensure that the transaction does not breach export or import restrictions of the country of origin. For transactions exceeding certain thresholds, compliance with the Due Diligence Act (SPG) is also mandatory. These checks form an essential part of risk management and help protect intermediaries from both legal exposure and reputational harm.

An art adviser typically acts as an agent under a mandate agreement (Section 1002 ff of the ABGB). In this role, the adviser owes both a duty of care and a duty of loyalty to their principal. These duties include acting in the client’s best interests and disclosing any potential conflicts of interest. The adviser is also required to provide the principal with complete and accurate accounts of all activities undertaken on their behalf.

Under the law of mandates, any commissions or benefits that the adviser receives from third parties must be surrendered to the principal unless a different arrangement has been expressly agreed (Section 1012 of the ABGB). This rule is designed to prevent undisclosed “kickbacks” and to ensure that the adviser’s incentives remain aligned with the client’s. If the adviser breaches these fiduciary obligations, they can be held liable for any resulting damage suffered by the principal, such as the payment of an inflated purchase price for an artwork.

The Due Diligence Act (SPG) applies to individuals or entities that deal in artworks or act as intermediaries in art transactions with a value of CHF10,000 or more (Article 3, Abs. 1, Bst. u, SPG). These participants are required to register with the Financial Market Authority. As part of their obligations, they must identify both the contracting party and the beneficial owner of the funds used for the purchase.

In situations that present a higher risk – such as transactions involving politically exposed persons (PEPs) – enhanced due diligence measures must be implemented. Participants are required to document the transaction and verify the source of funds. Any suspicious activity must be reported immediately to the Financial Intelligence Unit.

These regulations form part of Liechtenstein’s broader commitment to maintaining a transparent financial centre and safeguarding the integrity of the art market.

Art collections in Liechtenstein may be owned by individuals or by legal entities, most commonly foundations (Stiftungen). Foundations are a popular structure for the long‑term preservation of art because they allow assets to be held together as a single unit while remaining legally separate from the founder’s personal estate. The Persons and Companies Act (PGR) provides a flexible and robust framework for these structures, allowing foundations to operate in two main ways. First, a foundation may function as an active corporate entity (Unternehmensträger), directly managing and operating the collection. Alternatively, the foundation may simply hold the collection as a capital asset for the benefit of designated beneficiaries.

Owners also have the option to register their entire collection as a cultural good under the Cultural Property Act. Registration grants access to state support and expert guidance on preservation but comes with restrictions on dispersing the collection or removing it from the country. When a collection is placed under formal protection, the state may contribute to expenses such as restoration and security. This partnership between private owners and the state helps ensure that significant collections are maintained to professional standards.

Photographs are protected under the Copyright Act when they possess an individual character (Article 2, Abs. 1, URG). Such individuality is typically established through the photographer’s creative choices, including composition, lighting, and technical settings. A portrait or landscape photograph qualifies for protection if it reflects the creative personality of the author. When a photograph meets this threshold, the photographer is granted the same economic and moral rights afforded to other artists.

Liechtenstein law does not provide a specific neighbouring right (Leistungsschutzrecht) for photographs that lack individual character, such as simple snapshots or automatically generated documentation. As a result, if a photograph does not meet the required threshold of “individuality”, it generally does not receive copyright protection.

However, such images may still be protected under other legal frameworks, including personality rights (Section 16 of the ABGB) or unfair competition law. This means that even if a simple product photograph is not protected by copyright, its unauthorised commercial use could still be legally challenged under these alternative provisions.

Liechtenstein is recognised as a global leader in the regulation of digital assets through the Token and Trusted Technology Service Provider Act (TVTG). The Act introduces a “Token Container Model”, in which a token functions as a legal container capable of representing any type of right, including ownership of an artwork. This framework provides a clear legal basis for the tokenisation of both physical and digital art.

Under the TVTG, the transfer of a token on a blockchain results in the legal transfer of the right it represents (Article 7 of the TVTG). Furthermore, the person who has the power of disposal over the token is presumed to be the lawful holder of the underlying right (Article 5 of the TVTG). Service providers that issue tokens or offer related services must register with the FMA, ensuring regulatory oversight and compliance.

Together, these provisions create strong legal certainty for the development of digital art markets. They also support the implementation of fractional ownership models within a structured and well‑defined legal environment.

The use of blockchain technology does not, in itself, guarantee the authenticity of the underlying artwork. Counterfeit NFTs can still be created without the copyright holder’s permission. Victims of such transactions may seek remedies under the ABGB on the grounds of error or fraud. In addition, authors can initiate copyright infringement proceedings under the URG to prevent the unauthorised use of their works in digital formats.

Furthermore, the TVTG introduces a liability regime for tokenisation service providers who fail to ensure that a token accurately represents the underlying right.

Due to Liechtenstein’s forced heirship rules (Pflichtteilsrecht), careful planning is essential when transferring an art collection to the next generation. Under the ABGB, spouses and descendants are legally entitled to a fixed proportion of the estate’s value (Section 762 ff of the ABGB). In the past, significant collections that constituted the majority of an estate were often at risk of being sold to satisfy these mandatory claims. However, the revised inheritance law now offers mechanisms to avoid such forced sales. These include granting forced heirship legacies (Pflichtteilsvermächtnisse) and making use of statutory deferral periods.

To further mitigate these risks, collectors frequently enter into inheritance agreements in which heirs waive their mandatory claims in return for alternative benefits.

Valuation is a central issue in the succession of artworks. For the purpose of calculating forced heirship claims, the fair market value of the collection must be determined. Professional appraisals are standard for high‑value items.

Liechtenstein does not levy inheritance or gift taxes, which simplifies the fiscal aspects of the transfer. This makes the country an attractive location for the long‑term holding of significant private collections.

As Liechtenstein does not levy gift or inheritance taxes, the donation of artwork to a family member or to a foundation does not give rise to any tax liability. The recipient is not subject to income tax upon receiving the gift, as inheritances and donations are not considered taxable income. However, individuals who are tax‑resident in Liechtenstein must declare the value of the artwork in their annual net wealth tax return.

Legal entities that pursue exclusively charitable purposes are exempt from tax. As a result, transferring a collection to a charitable foundation generally constitutes a tax‑neutral transaction. This ensures that the assets remain exempt from wealth tax at the foundation level.

Since there are no inheritance taxes, no specific exemptions are required for artworks in this context. For the purposes of the net wealth tax, artworks that qualify as “household effects” (Hausrat) may be exempt, provided their value is not disproportionate compared to the taxpayer’s overall assets. In contrast, collections held primarily as capital investments must be declared at their fair market value. The tax authorities assess this classification on a case‑by‑case basis.

Liechtenstein is the only continental European jurisdiction that formally recognises and has codified the legal form of the trust. It incorporated the trust relationship (Treuhänderschaft) into the Persons and Companies Act (PGR) in 1926. The Liechtenstein trust is a flexible instrument for managing art collections (Articles 897–932a of the PGR). It allows a collector to transfer ownership of their collection to a trustee, who then administers the assets for the benefit of designated beneficiaries. The trust assets form a separate fund that is legally insulated from the trustee’s personal creditors.

As a result, art collections in Liechtenstein are frequently held through foundations, which may qualify for the special tax status of a Private Investment Structure (Privatvermögensstruktur, PVS). This status caps the total annual tax liability at the minimum corporate income tax of CHF1,800, provided the foundation restricts its activities to managing its own assets and does not engage in commercial activities.

To ensure professional governance, every trust or foundation must appoint at least one qualified board member who is a licensed Liechtenstein trustee and subject to supervision by the Liechtenstein Financial Market Authority.

The transfer of a registered cultural good into a trust or foundation triggers a notification requirement under the KGG to the Office of Culture. If the cultural good is under formal protection, the transfer requires prior approval. This combination of flexible structuring and rigorous oversight makes Liechtenstein a premier jurisdiction for the international management of art assets. The legal stability provided by the PGR ensures that collections can be preserved across multiple generations.

Ospelt & Partners Attorneys at Law Ltd.

Landstrasse 99
9494 Schaan
Principality of Liechtenstein

+423 236 19 19

+423 236 19 15

info@ospelt-law.li www.ospelt-law.li/en
Author Business Card

Trends and Developments


Authors



Ospelt & Partners Attorneys at Law Ltd. is a Liechtenstein commercial law firm advising international private clients, foundations, family offices and financial institutions on corporate, regulatory and dispute-resolution matters, with particular experience relevant to art and cultural property through its work on foundations, estate structuring, cross-border asset holdings and contentious proceedings involving high-value movable assets. The firm’s team of approximately a dozen lawyers operates from its Schaan office and collaborates with fiduciary, tax and asset-management professionals across Switzerland, Austria and Germany. Its expertise in foundation law, private wealth structures, inheritance planning, financial regulation and litigation regularly intersects with art ownership, provenance issues, succession planning for collections and disputes concerning asset control. Recent work includes advising private structures holding internationally located assets, assisting with cross-border succession and foundation governance matters, and representing clients in complex commercial and asset-related disputes.

Where Tradition Meets Tokenisation: Liechtenstein’s Evolving Art and Digital Asset Ecosystem

The Principality of Liechtenstein has established itself as an important hub at the intersection of art and transformative digital technologies. As of 2026, the jurisdiction is characterised by a sophisticated regulatory dualism that balances the preservation of classical cultural heritage with the expansion of the token economy. This environment gives collectors, investors, and art market professionals a high degree of legal certainty and structural flexibility within the European Economic Area (EEA).

By combining advanced blockchain regulations with civil law traditions, Liechtenstein offers a stable legal environment for handling assets such as art. This dual approach protects both physical artworks and digital creations through robust statutory provisions.

Dual regulatory regime: TVTG and MiCAR

MiCAR regulatory framework

A defining feature of the regulatory landscape in 2026 is the operational maturity of the bifurcated regime created by the EEA MiCA Implementation Act (EWR‑MiCA‑DG), which entered into force on 1 February 2025. This framework sets out a mutually exclusive relationship between the domestic Token and VT Service Provider Act (TVTG) and the EU‑wide Markets in Crypto‑Assets Regulation (MiCAR) (Article 2(1), letters g and h of the TVTG).

Market participants must classify assets based on their technical and legal characteristics. Unique, non‑fractionalised, non‑fungible tokens (NFTs) continue to fall outside MiCAR and remain governed by the TVTG. Conversely, crypto‑assets that meet MiCAR’s harmonised definitions fall under EU‑wide standards, effectively marking the end of solely national regulation for most fungible crypto‑assets.

Fractionalisation and crypto‑asset alignment

The classification of tokenised art and collectibles depends on the degree of standardisation and fungibility. Under the 2025 amendments to the TVTG (LGBl 2025, No 113), fractionalisation is the key dividing line. If an asset is divided into fungible tokens that represent identical rights in a collection or underlying asset, those tokens qualify as crypto‑assets under Regulation (EU) 2023/1114 (MiCAR).

This triggers stringent compliance obligations, including the requirement to publish a MiCAR‑compliant White Paper for any public offering (Article 4, MiCAR). To remain within the TVTG framework and benefit from the NFT exemption, assets must remain unique and non‑fungible (Article 2(3), MiCAR). Entities engaging in fractionalisation must ensure proper documentation and service registrations to avoid sanctions for unauthorised activity.

Supervisory oversight and EEA passporting

The transition to the MiCAR regime will conclude on 1 July 2026, ending the grandfathering period. Liechtenstein has aligned this deadline with the maximum transitional period permitted under EU law.

Crypto‑Asset Service Providers (CASPs) that were lawfully active under the TVTG before 30 December 2024 may operate under their existing registrations until this date. To maintain legal authorisation after 1 July 2026, they must submit a complete CASP application to the Financial Market Authority (FMA). Passporting rights within the EEA are only granted to entities with full CASP authorisation; they are not available during the grandfathering phase.

CASPs that fail to transition, or whose applications are rejected, must cease all MiCAR‑regulated services as TVTG registrations will no longer suffice (LGBl 2025, No 596).

Machine‑readable disclosure: iXBRL and FMA oversight

Machine‑readable transparency and iXBRL Standards

A major technical shift in 2026 is the move to machine‑readable transparency using iXBRL. Under Commission Implementing Regulation (EU) 2024/2984 (effective 23 December 2025), crypto‑asset White Papers under MiCAR Annex I must be produced in XHTML format with Inline XBRL (iXBRL 1.1) tagging.

This ensures White Papers are both human‑ and machine‑readable, enabling automated processing under MiCAR (Regulation (EU) 2023/1114).

Taxonomy, interoperability, and supervisory oversight

The use of iXBRL allows the FMA and investors to perform large‑scale, automated comparisons of tokenised projects across the EEA. To reduce compliance burdens, the regulation permits the integration of Legal Entity Identifiers (LEIs) and Digital Token Identifiers (DTIs). Key data – such as valuation methods and risk disclosures – must be tagged according to the ESMA‑published European XBRL taxonomy.

This granular tagging enables real‑time supervision, risk monitoring, and detection of market abuse.

Transition to data‑centric reporting via the FMA e‑Service

Market participants must transition from traditional PDF documentation to structured, data‑centric reporting through the FMA e‑Service Portal. Under Article 8, MiCAR, issuers of Title II tokens must submit iXBRL‑compliant White Papers and marketing materials at least 20 working days before publication.

FMA Guidance 2026/1 additionally requires statutory audits during 2026 to verify technical and operational compliance. Adopting these standards is essential for cross‑border interoperability and maintaining market integrity.

A new standard of tax transparency: implementing CARF

Reporting obligations for art‑related crypto‑asset service providers

The Crypto‑Asset Reporting Framework (CARF), introduced through the CARF Act (LGBl 2025, No 589) and CARF Ordinance (LGBl 2025, No 599), creates a new transparency standard for tokenised art.

“Reporting Liechtenstein crypto‑asset service providers” (RCASPs) must report exchange transactions involving relevant crypto‑assets (Article 2(1)(8), CARF Act). This includes exchanges, NFT marketplaces, and issuers of art‑backed tokens that can be used for payment or investment (Article 2(1)(4), (10), CARF Act). They must report all relevant transactions to the Tax Administration (Article 6, CARF Act).

Due diligence and the 30 June deadline

RCASPs must conduct due diligence to determine users’ tax residency (Article 5, CARF Act), including obtaining self‑certifications and identifying beneficial owners of passive entities.

The first reporting year concludes in 2026, and the initial transmission of data is due by 30 June 2027 (Article 3, CARF Ordinance).

Enforcement and Administrative Criminal Framework (VStG)

CARF violations fall under the penal provisions of the CARF Act (Article 26 ff) and the Administrative Criminal Law and Procedure Act (VStG; LGBl 2025, No 375). Importantly, the “Counsel instead of Punishment” mechanism under Article 29, VStG does not apply (Article 29(4), CARF Act). This means breaches may result directly in administrative fines.

Article 29(3), VStG considers offences that compromise financial stability or international obligations as “not low” (nicht gering), increasing sanction risks.

Article 26(5), CARF Act allows aggravating and mitigating factors to be considered in the abbreviated procedure (Strafverfügung), enabling early resolution where co-operation is shown.

Integration with the Automatic Exchange of Information (AIA)

CARF operates alongside the existing AIA regime. While traditional financial accounts fall under AIA, digital assets – such as NFTs used as investments – are covered by CARF. This dual system closes prior “token gaps” and enhances Liechtenstein’s reputation for transparency.

AML compliance in the Liechtenstein art market: from SPG to the EU Single Rulebook

Current framework under the Due Diligence Act (SPG)

Under the SPG, art dealers and brokers are subject to due diligence obligations when handling cash, virtual currency, or token payments of CHF10,000 or more (Article 3(1)(q), (u), SPG). The FMA prioritises identification and verification of the beneficial owner (BO), defined as the natural person on whose behalf the transaction ultimately occurs (Article 2(1)(e), SPG).

Complex ownership structures – common in high‑value art – require enhanced measures (Article 7(2), SPG). Market participants must maintain comprehensive transaction‑related records (Article 2(1)(q), SPG).

Transition to the EU Single Rulebook (Regulation (EU) 2024/1624)

Liechtenstein is transitioning to the EU AML Package, notably Regulation (EU) 2024/1624 (AMLR), which harmonises customer due diligence and beneficial ownership rules across the EEA. Although AMLR is effective, most obligations apply from 10 July 2027 (Article 90, AMLR). During 2026, market participants must align internal policies to prepare for these requirements.

Strategic shifts: from “art objects” to “cultural property”

Under the AMLR, the regulated sector shifts toward dealers and intermediaries trading in “cultural property”, defined by Annex I of Regulation (EC) No 116/2009 (Article 2(1)(56), AMLR). Items must typically be at least 50 years old. Works still owned by their creators – ie, contemporary primary‑market art – are generally excluded unless they qualify as high‑value goods.

The regulatory focus therefore moves toward antiquities and secondary-market works.

Enhanced institutional oversight and sanctions compliance

The Authority for Anti‑Money Laundering and Countering the Financing of Terrorism (AMLA) began operations on 1 July 2025 (Regulation (EU) 2024/1620). AMLA will co-ordinate supervisors and support FIUs.

Under Article 9(1)(b), AMLR, market participants must implement systems to prevent sanctions evasion, including continuous screening of customers and beneficial owners. Failure to maintain such defences may lead to administrative penalties regardless of whether a sanctions breach occurs.

Cash payment limits and enforcement thresholds

The AML Package introduces an EU‑wide EUR10,000 cash payment limit (Article 80(1), AMLR), applicable to single or linked transactions.

The FMA will intensify oversight during 2026, and violations under SPG – such as failures to identify beneficial owners or maintain records – can result in fines up to CHF200,000 (Article 31, SPG). Early adoption of EU‑mandated data‑centric reporting is essential for maintaining compliance.

Modernisation of Cultural Property Protections (KGG)

Liechtenstein’s Cultural Property Act (KGG; LGBl 2016, No 270) and Cultural Property Protection Ordinance (KGSV; LGBl 2021, No 133) provide the basis for protecting national heritage. Owners of registered items must give 14 days’ notice before any physical alteration or change of ownership (Article 35(1), KGG). Amendments introduced on 1 January 2026 (LGBl 2025, No 395 and VStG; LGBl 2025, No 375) updated the enforcement process, routing appeals to the Appeals Commission for Administrative Affairs.

Cultural Property Protection Network and emergency planning

The KGS‑Verbund (Cultural Property Protection Network) is a rapid‑response body composed of cultural institutions and specialists. Owners must implement preventive safety measures, including an emergency plan based on a mandatory security report and risk analysis. These plans co-ordinate fire brigade actions and provide precise handling instructions for first responders.

Security documentation and technical requirements

Under the KGSV, the Office of Culture sets the technical standards for security documentation. For 2026, high‑fidelity 3D scanning is the operational standard for objects of national importance. These digital records support both compliance and potential restoration.

Strategic development: Kulturstrategie 2025+

Work is underway on a comprehensive Kulturstrategie 2025+, initiated on 9 September 2025. A steering committee aims to complete the strategy by the end of 2026. While the strategy is still being developed, operational mandates – particularly digital documentation and enforcement mechanisms – are already in effect.

Liechtenstein as a global safe haven

Under the KGSV, Liechtenstein functions as a “safe haven” for endangered cultural property from crisis regions, held on a fiduciary basis within domestic facilities. The government may conclude Safe Haven Agreements with foreign states. This initiative strengthens Liechtenstein’s role as a protector of global cultural heritage.

Conclusion: a future‑proof jurisdiction

The Principality of Liechtenstein enters the latter half of the decade as a sophisticated and future-proof jurisdiction.

The synergy between the pioneering TVTG and the successful integration of MiCAR has set a “gold standard” for regulation in the digital art economy. Meanwhile, the modernisation of heritage protection laws and the thorough implementation of CARF ensure that the jurisdiction continues to be a globally respected haven that balances technological innovation with structural integrity.

For clients and market participants navigating this environment in 2026, the following considerations are paramount.

  • Regulatory perimeter selection – precise categorisation between TVTG-regulated unique NFTs and MiCAR-regulated fractionalised crypto-assets is mandatory. Entities must evaluate fungibility and standardisation to determine whether a MiCAR-compliant White Paper is required for public offerings.
  • Operational authorisation and grandfathering – Crypto-Asset Service Providers (CASPs) must finalise their transition from prior TVTG registrations to full CASP authorisation by 1 July 2026 at the latest. This is a prerequisite for maintaining regulatory standing and obtaining EEA passporting rights.
  • Digital transparency and iXBRL compliance – adopting machine-readable reporting is essential. All crypto-asset White Papers must be submitted via the FMA e-Service in an iXBRL-compliant XHTML format, in order to facilitate automated supervisory oversight and cross-border interoperability.
  • Tax transparency and CARF onboarding – reporting entities (RCASPs) must implement rigorous due diligence and self-certification procedures throughout 2026 in order to capture the tax residency and identification data required for the initial 2027 reporting cycle.
  • AML alignment and cash limits – participants must ensure that their internal policies are aligned with the EU Single Rulebook, particularly with regard to the EUR10,000 cash payment limit and the revised focus on “cultural property” thresholds. This will help to mitigate the risk of enforcement under the SPG and the new AML regulations.
  • Heritage preservation and technical standards – owners of registered cultural property must adhere to the mandatory 14-day notification period for any intended transfer or alteration. Furthermore, high-fidelity 3D scanning is now the operative standard for “security documentation” to satisfy the strict liability requirements of the VStG.

In an increasingly complex global art market, the Principality offers a unique blend of radical digital innovation and enduring legal stability. Whether managing a piece of art or a fractionalised digital twin, art market participants will find that Liechtenstein offers a robust legal framework which respects the traditions of the past while providing the infrastructure for a digital future.

This article reflects developments and sources available at the time of writing and may be updated as the legislative process in Liechtenstein advances. Until the final and proper legislation procedure is followed and enacted, parts of this article may remain subject to confirmation.

Ospelt & Partners Attorneys at Law Ltd.

Landstrasse 99
9494 Schaan
Principality of Liechtenstein

+423 236 19 19

+423 236 19 15

info@ospelt-law.li www.ospelt-law.li/en
Author Business Card

Law and Practice

Authors



Ospelt & Partners Attorneys at Law Ltd. is a Liechtenstein commercial law firm advising international private clients, foundations, family offices and financial institutions on corporate, regulatory and dispute-resolution matters, with particular experience relevant to art and cultural property through its work on foundations, estate structuring, cross-border asset holdings and contentious proceedings involving high-value movable assets. The firm’s team of approximately a dozen lawyers operates from its Schaan office and collaborates with fiduciary, tax and asset-management professionals across Switzerland, Austria and Germany. Its expertise in foundation law, private wealth structures, inheritance planning, financial regulation and litigation regularly intersects with art ownership, provenance issues, succession planning for collections and disputes concerning asset control. Recent work includes advising private structures holding internationally located assets, assisting with cross-border succession and foundation governance matters, and representing clients in complex commercial and asset-related disputes.

Trends and Developments

Authors



Ospelt & Partners Attorneys at Law Ltd. is a Liechtenstein commercial law firm advising international private clients, foundations, family offices and financial institutions on corporate, regulatory and dispute-resolution matters, with particular experience relevant to art and cultural property through its work on foundations, estate structuring, cross-border asset holdings and contentious proceedings involving high-value movable assets. The firm’s team of approximately a dozen lawyers operates from its Schaan office and collaborates with fiduciary, tax and asset-management professionals across Switzerland, Austria and Germany. Its expertise in foundation law, private wealth structures, inheritance planning, financial regulation and litigation regularly intersects with art ownership, provenance issues, succession planning for collections and disputes concerning asset control. Recent work includes advising private structures holding internationally located assets, assisting with cross-border succession and foundation governance matters, and representing clients in complex commercial and asset-related disputes.

Compare law and practice by selecting locations and topic(s)

{{searchBoxHeader}}

Select Topic(s)

loading ...
{{topic.title}}

Please select at least one chapter and one topic to use the compare functionality.