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Dramatic Changes Proposed in the Definition of the Tax Term "Israeli Resident"

Dramatic Changes Proposed in the Definition of the Tax Term "Israeli Resident"

Under current Israeli tax law, an individual’s tax residency status is determined primarily by the “Center of Life” test, which examines personal, economic, and social ties to Israel and another country. The test is supplemented by numerical presumptions that look to the number of days an individual is present in Israel over a period of time looking to one year or three years. A determination based on day count can be challenged by either the taxpayer or the Tax Authority. In 2023, a draft bill was published that provided an irrebuttable determination of tax residence or nonresidence in certain fact patterns. The draft bill was never enacted. In July, the Israeli Ministry of Finance announced draft legislation designed to modify existing rules. In his article, Boaz Feinberg, a Tax Partner of Arnon, Tadmor-Levy, Tel Aviv, explains the proposal in detail, including the new five-year rolling testing period and the weight given to days in each year of the testing period. He points out that days of presence in later years can affect the residence status in earlier years.

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Israel Proposes Modifications to Tax Reporting Obligations for Olim

Israel Proposes Modifications to Tax Reporting Obligations for Olim

Acting in response to recommendations by the O.E.C.D. Global Forum on Transparency and Exchange of Information for Tax Purposes, legislation has been proposed in Israel to adopt new reporting obligations for Israeli entities, certain trusts, and individuals known as “Residents for the First Time” and “Senior Returning Residents.”  The proposed amendment does not alter tax liabilities in Israel or eliminate preferred tax treatment of Olim. Rather, it revises certain reporting obligations in order to increase transparency. As of April 1, 2024, adoption is imminent. Boaz Feinberg, a partner of Arnon, Tadmor-Levy Law Firm, Tel Aviv, explains all. 

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Major International Tax Reform in Israel – Proposal Takes Aim at Tax Residence Rules

Major International Tax Reform in Israel – Proposal Takes Aim at Tax Residence Rules

In November 2021, the Israel Tax Authority Committee for International Tax Reform published a report proposing substantial reform to international tax rules in Israel. Regarding rules for determining tax residence in Israel, the purported goal was to simplify the rules for determining an individual’s tax residence. To that end, it introduces a day-count rule as a supplement to the existing center-of-vital-interest rule. Boaz Feinberg, a Partner of Arnon, Tadmor-Levy Law Firm in Tel Aviv and Rosa Peled, an associate at the law firm of Arnon, Tadmor-Levy Law Firm in Tel Aviv, explain that for most taxpayers, the center-of-vital-interest rule will continue to apply. However, because assessing officers will no longer address cases at the fringes, where the day-count rule is applied, more assessing offices can free-up to examine the remaining cases based on the center-of-vital interest rule.

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Exchange of Information: Israel Inches Toward International Norms

The State of Israel depends on immigration for growth in population and capital. Favorable tax rules and confidentiality rules are key pillars of the policy to promote immigration. In a world that is obsessed with B.E.P.S., Israeli policy towards confidentiality is experiencing change. Boaz Feinberg and Ofir Paz of ZAG-S&W, Tel Aviv discuss the scope of that change.

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