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July 27, 2016

Reverse Vesting and Holdback – Good News for Entrepreneurs?

Earlier this month the Israel Tax Authority presented its position that the sale of equity by a founder should be treated as a capital gain and not income, irrespective of whether such shares had been subject to a Reverse Vesting mechanism and/or Holdback. A double edged sword for entrepreneurs.

June 30, 2016

Israel Tax Authority extends Voluntary Disclosure period

The Israeli Tax Authority (ITA) has announced this morning that the temporary Provision regarding the voluntary disclosure procedure which was supposed to expire today, has been extended until December 31st, 2016.

June 28, 2016

The Israel Tax Authority conducted an audit of short term landlords

Adv. Harel Perlmutter, Head of the Tax department at Barnea, was interviewed by Globes following the announcement by the Israel Tax Authority regarding tax audits of short term landlords. Harel explained that these landlords are liable not only for the payment of income tax, but also for the payment of VAT.

June 19, 2016

New Tax Ruling on the Subject of Holdbacks

The Israel Tax Authority published a tax ruling given by it recently that sheds light on the existing ambiguity when classifying proceeds from a sale of shares of a company

May 17, 2016

Tax treaty between Israel and Germany

On 21 August 2014 a new tax treaty between Israel and Germany was signed. The new treaty, which is based mainly on the model tax treaty of the OECD, introduces a number of favorable amendments (for the taxpayer) and improvements. 

April 12, 2016

Taxation of E-commerce: Israeli Tax Authority Issues New Circular

A few weeks ago, the ITA published a new circular which provides guidelines for the taxation of foreign corporate entities operating in Israel via the internet

March 6, 2016

Pending tax changes to short term apartment rents

The Israeli Tax Authority (ITA) recently announced, during a discussion of the parliamentary committee, that it is about to publish a tax circular in the matter of renting apartments for a short periods of time, including through Internet platforms such as Airbnb. According to recently released data, In 2015 about 128,000 tourists visiting Israel rented apartments through Airbnb. This represents an increase of 45% compared to 2014, as well as an increase of 40% in the number of Israelis who offer their apartments for rent through Airbnb, which is now over 13,000.

February 21, 2016

Airbnb users may face a new tax reality

In the last few years the Airbnb platform has become a significant player in the tourist market, with a user base growing at 40% at the last year. Thousands of Israelis rent out their apartments through Airbnb and earned an amount equivalent to a monthly salary. The ITA has (until now) not been proactive in enforcing the taxability of such income.  Adv. Harel Perlmutter was interviewed for the Ynet website and spoke about the new tax rules that may change this trend.

January 5, 2016

A precedential judgment in the matter of transfer pricing shuffles the cards as to granting options to employees

A judgment in the Contira case was handed down two weeks ago in the district court which dramatically changes the Cost Plus issues relevant to certain Israeli companies which provideservices to a foreign relatedcompany. The judgment impacts on the situation where the Israeli company’s employees are granted options in the framework of Section 102 of the Income Tax Ordinance (capital track).

November 29, 2015

Employee or independent? Ways to save money at the fast approaching end of the tax year, 2015.

What can the taxpayer do to take advantage of available tax breaks and allowances? Tax experts, including adv. Harel Perlmutter, discuss these issues on Ynet.

November 26, 2015

Israel signs OECD Automatic Tax Information Exchange Agreement

Israel signed the Organization for Economic Cooperation and Development’s Multilateral Competent Authority Agreement (MCAA) to facilitate the automatic exchange of financial information, boosting the number of signatories to 91 and enhancing the global efforts against tax evasion, the OECD announced.  Harel Perlmutter was interviewed by Bloomberg BNA about this agreement. 

November 8, 2015

New law Memorandum: New tax incentives for public high-tech companies and investors

In order to promote the technology and biomedical industries and to restore the Israeli stock exchange to its position as an efficient and attractive arena for capital raising to companies, an ad hoc committee was formed to analyze feasible tax incentives.

November 3, 2015

Israel and Australia in tax treaty talks

The Israel Tax Authority is negotiating a treaty for prevention of double taxation with Australia. Adv. Harel Perlmutter, who specializes in international taxation at the Barnea law firm, believes this progress is "wonderful news. Israel and Australia have excellent economic and political relations, and Israeli investment in Australia has tripled over the past three years. At the same time, no significant talks have yet taken place on a tax treaty between the countries. This lack of a treaty sometimes brings about situations of double taxation and uncertainty, together with problems of withholding tax in trade and business, especially among Israeli companies seeking to operate and invest in Australia, and vice versa."

September 7, 2015

Israel Tax Authority extends voluntary disclosure program

As expected, the Israeli Tax Authority has decided to extend the temporary order regarding anonymous Voluntary Disclosure. The Israeli Tax Authority announced that the temporary order regarding voluntary disclosure, which was supposed to expire on September 6, 2015, has been extended. The temporary order was published a year ago and was limited to one year. The regular procedure has been restricted until 31/12/2016. In total, last year 3290 requests were submitted, about 60% of them anonymous. In light of this success, it was decided to extend the duration of the temporary order. Additional information regarding the dates will be announced later.

August 30, 2015

New ITA circular, Aug 2015

On August 16, 2015, the Israel Tax Authority published a new circular (number 8/2015), which is effective immediately. The circular presents the new material requisite tests and criteria for recognizing an organization as a ‘public institution’ pursuant to section 46 of the Israeli Income Tax Ordinance. Certification issued to an organization pursuant to section 46 of the Income Tax Ordinance confers a tax benefit, by way of tax credits to donors in respect of donations they grant to that organization, at a rate of 35% for an individual donor and 26.5% for a corporate donor (according to the corporate tax rate).

April 13, 2015

Taxation of e-commerce in Israel – income tax perspectives according to a draft circular of the income tax authority

The Israeli Tax Authority (ITA) published a draft circular concerning the taxation of foreign corporations that derive income from the provision of services via the internet to Israeli residents. Such circular was published due to the need of the ITA to provide an interpretation of the Israeli tax legislation, in respect of income derived from e-commerce, so as to accommodate the substantial e-commerce activities taking place in or via Israel. The current definitions and rules, which relate to terms such as permanent establishment or place of doing business, have been commonly used in respect of brick and mortar businesses, and the need has arisen to provide an interpretation for such terms so as to allow them to appropriately be applied to the digital economy.

December 25, 2014

Zero% VAT on medication acquired for clinical trials in Israel

The new VAT amendments will lower the cost of clinical trials on humans in Israel. The amendment to the VAT legislation is expected to benefit international companies which conduct clinical trials in Israel. Adv. Harel Perlmutter, who specializes in international taxation at Barnea Co., was interviewed to Globes and stated that: "the new amendments will have two major implications – Firstly when the Israeli company acquires the medication from an overseas company, the Israeli company will not have to pay VAT or Customs Duty in Israel (the Israeli company will usually pass on these costs to the overseas company). Secondly, when the Israeli company charges fees for its services to the overseas company for doing the trials, the Israeli company will charge VAT at zero per cent."

November 30, 2014

Court decision on temporary residence abroad

On 21 October 2014, the Haifa District Court handed down its decision in “Yael Zor v the Tax Assessor Haifa” concerning temporary residency abroad. The case relates to a senior employee of a multinational enterprise the shipping company, Zim, who worked in Hong Kong for a subsidiary of the group from January 2006 to August 2008. 

October 21, 2014

A potential new double taxation agreement with Switzerland?

Tax treaties are intended to promote international trade by eliminating double taxation.  Although the Israeli Tax Authority and the Israeli Ministry of Finance have been reluctant to acknowledge a potential new double taxation treaty with Switzerland, the Swiss Finance Ministry has been more vocal. Swiss officials have confirmed that in recent weeks negotiations were indeed held with the Israeli tax authorities in connection with such proposed treaty between the countries. 

October 13, 2014

Recent Tax Developments

Two pending amendments to Israeli tax legislation will, if adopted, permit the exchange of information about taxpayers in a multinational context. The passing of these amendments will also allow for implementation of multilateral agreements for ‘exchange of information’ regarding individuals and corporate tax payers.