Doing Business in Israel This Document Describes Some of the Key Commercial and Taxation Factors That Are Relevant on Setting up a Business in Israel

Total Page:16

File Type:pdf, Size:1020Kb

Doing Business in Israel This Document Describes Some of the Key Commercial and Taxation Factors That Are Relevant on Setting up a Business in Israel Doing Business in Israel This document describes some of the key commercial and taxation factors that are relevant on setting up a business in Israel. dfk.com Prepared by Mualem Glezer Inbar Junio & Co. +44 (0)20 7436 6722 2 Doing Business in Israel Background Country overview In the last 10 years large reserves of offshore gas have been discovered but Israel known also as SUN – Start Up Nation Israel still depends on imports of crude oil. is a 20,770 square km middle east country Other imports are raw materials, grains with a population of 8.8 million people. and military equipment. The Shekel is 80% are Jews, 19% Arabs and 1% others. considered to be a stable currency and in The official languages are Hebrew Arabic the last years Israel has a budget surplus. and English and after the big immigration Approximately half of Israel’s foreign debt from Russia in the 90’s Russian is also is owed to the US which is its major source very common. military and economic aid. Israel is highly urbanized and economically SUN – Start UP Nation – Israel is one of developed country. The main sea ports are the most important technologies centers Eilat in the south, Ashdod in the center and in the world. With highly army trained and Haifa in the North. Ben Gurion Airport is highly motivated work force, supportive the main airport in Israel and is located in government programs, active venture Lod – in the center of Israel. capital funds Israel has fertile environment for innovations. Almost every multinational Israel’s parliament – the Knesset is elected company has a development center and every four years at general election where investments in Israel. Export of software, he voters elect a Party. The Prime Minister technology, medical equipment, nano is the head of the party who received most technologies and sale of R&D companies votes or was able to form a coalition. The to multinationals contributes to the budget President has mainly a representative role. surplus and the strong Shekel. The country’s main problem is the conflict with the neighbor Arab countries and Transport infrastructure the Palestinians. Busses are the country’s main form of transportation. In the last few years a big Economic overview investment is made in order to modernize the railway system. As a Jewish country According to the Doing Business report of public transportation does not operate the World Bank Group Israel is ranked in on the Shabbat. There are approximately the 54th place –down 2 places from the 20,000 km of roads that get to everywhere. previous year repot. This is considered a Israel has 47 airports the main – Ben blow to the ease of doing business target Gurion in the center of the country and the considered to be very important by our Ovda in the south Near Eilat and 3 major Prime Minister. Israel is ranked in the sea ports Eilat in the south, Ashdod in the 130th place in the easiness of registering center and Haifa in the north. properties and 89th place in the easiness of enforcing contracts. dfk.com +44 (0)20 7436 6722 Doing Business in Israel 3 Choice of Legal Form Limited liability company If there is no Israeli shareholder a fiscal representative must be nominated and A limited liability company with a share registered with the tax authorities. capital is the most common form of business to do business in Israel. Public limited company Incorporation is fast and easy. The Registrar of company’s fee is about $ 700, A limited liability company can have and once you submit the documents it will maximum 50 members, a public limited take a few days to register a company. company must have a least 7 members. According to the Israeli Company’s Act The shareholders can be individuals or any a public company is a company that its registered entity, Israeli or foreign. shares are traded in the stock exchange or its shares were offered to the public. Once the company is registered you have A public company in Israel is regulated to open a bank account in order to open by the Israel Security Authority and must an income tax and VAT files. comply with its regulations. The companies tax rate is currently 23% and dividends are taxed at 25% (30% for a substantial shareholder who has 10% or more of the shares of the company). dfk.com +44 (0)20 7436 6722 4 Doing Business in Israel General partnership The registration of a branch is more complicated than registering an Israeli Partnerships are less common than company as the subsidiary. For legal companies. Partnership can be protection a subsidiary is preferred. either registered with the Registrar In any case if there is no Israeli as an of Partnerships or not. In any case a owner an Israeli fiscal representative partnership must register with the VAT must be nominated. authorities and gets a special registration number for a partnership. Sole trader The maximum number of general partners is 20 and there is a partnership ordinance To register as a sole trader is fast and that governs the relationship between the easy. Once you have a bank account you partners unless otherwise agreed. register with the Inland Revenue and with VAT authorities and you can start your business. Limited liability partnership There are bookkeeping regulations A partnership can be either a general that are accustomed to the nature of partnership or a limited liability the business, turnover and number of partnership. employees. A sole trader will have to prepare a profit and loss account and In a limited liability partnership usually submit a tax report once a year. one partner with a minimal share in the partnership is the unlimited partner and all other partners are limited. This kind of Nonprofit organization partnership in Israel is common in venture capital partnerships and oil and gas There are several kind of nonprofit exploration partnership. organization in Israel. The most common one are an association or a public benefit company. A nonprofit entity is exempt Subsidiary and branch from paying tax, donation can receive a tax credit and regarding VAT a nonprofit Many foreign entities have subsidiaries in organization cannot claim the VAT on Israel. Many are R&D centers that were expenses and pays VAT at a reduced rate established by the foreign entity, agencies on salary expenses. of foreign entities or became a subsidiary after the foreign entity bought the Israeli company. Branches are less common. The main advantage of a branch is that a branch avoids the tax on dividend when profits are paid to the parent company. dfk.com +44 (0)20 7436 6722 Doing Business in Israel 5 Setting up and organization liabilities to the tax authorities. A company must have audited financials by an A company must register with the auditor who is registered with the Board Registrar of Companies. Companies of Certified Public Accountants in Israel. must have at least one shareholder and Tax reports must also be certified by the there is no minimum of the share capital. auditors and are submitted to the Inland Registration is fast (will take a few days). Revenue once a year. The Tax Year ends at A company must have at least one Israeli December 31 but in some circumstances director and if not must nominate a fiscal the tax year can be change to March 31st. representative, that can be an Israeli entity, in order to represent it and take its Audit Requirements Limited companies and registered entities like foundations, nonprofit organizations and public institutions must be audited by registered auditors in Israel. dfk.com +44 (0)20 7436 6722 6 Doing Business in Israel Taxation For Israeli tax purposes, an Israeli resident The center of living test is based on the is defined as an individual whose center following criteria: of living is in Israel taking into account the person’s family, economic and social links. • Location of permanent home An important presumption will apply in • Place of residence of the individual and either the following circumstances: his/her family • The individual is present in Israel at • Place where the individual regularly least 183 days in a tax year ending 31 works or is employed December, • Location of active and material • The individual is present in Israel at economic interests least 30 days in the current tax year, and 425 days cumulative in the current • Place where the individual is active in and two preceding tax years. various organizations, associations or institutions • An Israeli resident pays tax on his worldwide income. dfk.com +44 (0)20 7436 6722 Doing Business in Israel 7 The current tax rates are: Annual income level (NIS) 2018 tax rate Other Income Sources 2018 tax rate 0 – 74,880 10% Capital gains 25-30% 74,881 – 107,400 14% Interest 10-35% 107,401 – 172,320 20% Dividends 15-30% 172,321 – 239,520 31% Inheritance None 239,521 – 498,360 35% over 498,361 47% Income above ILS 641,880 is subject 3% surtax. National insurance up to 5,944 monthly salary 5,944 - 43,370 monthly salary Employee’s share 3.45% 12.00% Employer’s share 3.45% 7.50% Additionally, self-employed individuals pay VAT between 5.97%-17.83%. VAT current rate is 17%. There is National insurance payments include the transaction at zero rate VAT or that Health Tax payments that cover HMO are exempt from VAT. Among such payments and hospital costs. transactions are selling intangible assets and services to foreign residents, services and hotel costs for tourists, fruits and vegetables and residential rentals for a period less than 25 years.
Recommended publications
  • The Taxation of Land Value
    The Taxation of Land Value George E. Lent * T} CONOMIC DEVELOPMENT is frequently accompanied by the JC/ growth of population and its increased concentration in urban areas, which imposes greater demands on the government for the provision of essential services, sometimes at a considerable cost. A real problem arises in financing this cost and equitably apportioning it among the members of the community. Because population growth and higher standards of living inevitably enhance the value of land, many govern- ments have sought ways of allocating this cost among the landowners who benefit directly and indirectly from rising land values. The philosophy that landowners should bear this cost originated partly in the classical theory of land rent as an unearned increment, arising either from the location of land or from the differential bounties of nature as to fertility of soil and deposits of natural resources. Accord- ing to Ricardo, rent from land is essentially a private expropriation of its natural productivity or site value (location) which does not originate in human effort or skill.1 A tax on such unearned increases in land value therefore does not impair use of the land or deter production. This view was supported by J.S. Mill, who remarked: . Suppose that there is a kind of income which constantly tends to increase without any exertion or sacrifice on the part of the owners: those owners constituting a class in the community, whom the natural course of things progressively enriches, consistently with complete passiveness on their own part. In such a case it would be no violation of the principles on which private property is grounded, if the state should appropriate this increase of wealth, or part of it, as it arises.
    [Show full text]
  • Taxation of Capital Gains in Developing Countries
    Taxation of Capital Gains in Developing Countries Juanita D. Amatong * ECONOMISTS GENERALLY AGREE that gains from capital JC/ are a proper source of taxation in developing countries. This view was expressed in the Technical Assistance Conference on Comparative Fiscal Administration in Geneva in 1951 and more recently in the Santiago Conference on Fiscal Policy for Economic Growth in Latin America.1 A capital gains tax is on the appreciation of capital assets and is commonly imposed only when the increase in value is realized through sale or exchange. It should be distinguished from net wealth tax, death duties, and other capital taxes in that these are assessed on the total value of assets. Capital gains in developing countries differ from those in developed countries. In the former, capital gains are mainly from the sale or exchange of real estate, and in the latter, chiefly from the sale of securi- ties. Three reasons account for the preponderance of capital gains from real estate in developing countries: the concentration of wealth held in real estate; the dominance in the corporate sector of foreign corporations whose shares are owned by nonresidents who are taxed abroad; and the widespread use of bearer shares, which limits the effectiveness of taxa- tion of capital gains from shares. Because capital gains in developing countries result largely from investments in land, the taxation of these gains is justifiable in that such investments are not socially productive and are highly speculative. Therefore, a capital gains tax discourages investments that are not in line with the social and economic objectives of developing economies.
    [Show full text]
  • Federal Legislation to Encourage US Enterprises to Invest in Arab-Israeli
    Michigan Journal of International Law Volume 15 Issue 2 1994 Incentives for Peace and Profits: ederF al Legislation to Encourage U.S. Enterprises to Invest in Arab-Israeli Joint Ventures Daniel Lubetzky Begin-Sadat Center for Strategic Studies Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Banking and Finance Law Commons, Business Organizations Law Commons, and the Comparative and Foreign Law Commons Recommended Citation Daniel Lubetzky, Incentives for Peace and Profits: ederF al Legislation to Encourage U.S. Enterprises to Invest in Arab-Israeli Joint Ventures, 15 MICH. J. INT'L L. 405 (1994). Available at: https://repository.law.umich.edu/mjil/vol15/iss2/2 This Article is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. INCENTIVES FOR PEACE AND PROFITS: FEDERAL LEGISLATION TO ENCOURAGE U.S. ENTERPRISES TO INVEST IN ARAB- ISRAELI JOINT VENTURES Daniel Lubetzky* INTRODUCTION ................................................. 406 I. THE RATIONALE: WHY ENACT SUCH LEGISLATION? . 407 A. Recent Developments in the Middle East .............. 408 B. Using,Economics to Advance Peace ................... 409 C. The Role of the United States ......................... 411 D. Advantages of Investing in the Middle East ............ 413 E. Advantages of Investment Incentives as Foreign Policy Tools ................................. 417 II. THE MECHANICS: How WOULD THE INCENTIVES WORK?.. 419 A . Tax Incentives ........................................ 419 B. Government Investment Guarantees and Government Investm ent Grants ...................................
    [Show full text]
  • Doing Business in Israel 2016
    Doing business in Israel 2016 In association with: 1 Contents Introduction ................................................................................................................................................................................ 3 – Country profile ................................................................................................................................................................... 4 Legal overview ........................................................................................................................................................................... 5 Conducting business in Israel ..................................................................................................................................................... 9 Tax system ................................................................................................................................................................................11 Labour ...................................................................................................................................................................................... 18 Audit ......................................................................................................................................................................................... 21 Trade ........................................................................................................................................................................................
    [Show full text]
  • Professionals Contribution to the Legislative Process: Between Self
    Journal of bs_bs_banner Law & the American Social Inquiry Bar Foundation Law & Social Inquiry Volume 39, Issue 1, 96–126, Winter 2014 Professionals’ Contribution to the Legislative Process: Between Self, Client, and the Public Adam S. Hofri-Winogradow How may professionals be made to contribute to legislative processes so that their expertise redounds to the public interest, despite the legislative product being likely to have a negative impact on their clients’ wealth? Drawing on a case study of the legislative process that gave birth to Israel’s recent (2002–2008) trusts taxation regime, based on five years of participant observation among the trust professional community, I find that to obtain the benefit of private-sector professionals’ expertise under such circumstances, government should have legislation drafted in a dispassionate, exclusive environment of experts rather than in the political arena; it should build professionals’ trust in government by adopting an explicitly collegial approach; it should focus reform efforts on elements of the existing law so clearly inequitable as to make a refusal to contribute difficult to justify; and take care that the new regime creates a compliance practice lucrative enough to compensate for any loss to professionals consequent on its enactment. Once professionals’ interests are suitably safeguarded, their loyalty to clients appears surprisingly brittle and government can successfully combine with them in the public interest. INTRODUCTION Professionals, such as lawyers, accountants, and bankers,
    [Show full text]
  • The U.S.-Israel Tax Treaty, Bearing Two Protocols, Moves Toward Ratification
    digitalcommons.nyls.edu Faculty Scholarship Articles & Chapters 7-1-1993 The .SU .-Israel Tax Treaty, Bearing Two Protocols, Moves Toward Ratification Alan Appel New York Law School, [email protected] Zeev Holender Shiboleth, Yisraeli, Roberts, Yerushalmi & Zisman Follow this and additional works at: http://digitalcommons.nyls.edu/fac_articles_chapters Recommended Citation 4 J. Int'l Tax'n 292 This Article is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Articles & Chapters by an authorized administrator of DigitalCommons@NYLS. THE U.S.-ISRAEL TAX TREATY, BEARING TWO PROTOCOLS,..., 4 J. Int’l. Tax’n 292 4 J. Int’l. Tax’n 292 Journal of International Taxation Volume 4, Number 7 July, 1993 U.S.-Israel Treaty Electronic Version Copyright 1993 Warren Gorham Lamont *292 Zeev Holender and Alan I. Appela THE U.S.-ISRAEL TAX TREATY, BEARING TWO PROTOCOLS, MOVES TOWARD RATIFICATION Due to the Lack of A Tax-Sparing Provision, the Treaty Does Not Reduce Taxes For U.S. Investors, and For Many, Operating Through A Branch Will Continue to be the Best Option. Israel and the U.S. began negotiations on a tax treaty almost 30 years ago. Two treaties signed in the 1960s never entered into force, however, since they were not ratified. The current Treaty finds its roots in 1975, when its first version was signed, though again not ratified.1 Five years later, the U.S. and Israel signed a protocol amending the original draft, which again was not ratified. One of the main reasons for this long process was Israel’s fear that signing a treaty with a disclosure of information clause might deter U.S.
    [Show full text]
  • GILAT SATELLITE NETWORKS LTD. (Exact Name of Registrant As Specified in Its Charter)
    SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 20-F ☐ REGISTRATION STATEMENT PURSUANT TO SECTION 12(b) OR (g) OF THE SECURITIES EXCHANGE ACT OF 1934 or ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2020 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from ___________ to ___________ or ☐ SHELL COMPANY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of event requiring this shell company report ___________ Commission file number: 0-21218 GILAT SATELLITE NETWORKS LTD. (Exact name of Registrant as specified in its charter) ISRAEL (Jurisdiction of incorporation or organization) Gilat House, 21 Yegia Kapayim Street, Kiryat Arye, Petah Tikva, 4913020 Israel (Address of principal executive offices) Yael Shofar, Adv. General Counsel Gilat Satellite Networks Ltd. Gilat House, 21 Yegia Kapayim Street, Kiryat Arye, Petah Tikva, 4913020 Israel Tel: +972 3 929 3020 Fax: +972 3 925 2945 (Name, telephone, e-mail and/or facsimile number and address of company contact person) Securities registered or to be registered pursuant to Section 12(b) of the Act: Title of each class Trading Symbol Name of each exchange on which registered Ordinary Shares, NIS 0.20 nominal value GILT NASDAQ Global Select Market Securities registered or to be registered pursuant of Section 12(g) of the Act: None Securities for which there is a reporting obligation pursuant to Section 15(d) of the Act: None Indicate the number of outstanding shares of each of the issuer’s classes of capital or common stock at the close of the period covered by the annual report: 55,559,638 Ordinary Shares, NIS 0.20 nominal value per share (as of December 31, 2020) Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act.
    [Show full text]
  • Aspects of the Tax Reform
    State of Israel Income Tax Reform Tal Yaron-Eldar, Adv. Income Tax and Real Property Tax Commissioner Starting 1/1/2003 Please notice, The following review (written in a presentation format) is a general overview of the reform in Israel. This synopsis does not include all details or applicable criteria. It is in no way intended to serve as substitute or formal interpretation of the law. For all purposes, the binding version is that of the law itself as exists at any given time. Main Aspects of the Tax Reform Reducing the tax burden on employment income Taxation of foreign income Taxation of the capital market Tax relief for foreign residents & new residents Encouraging business and technology entrepreneurs Real Estate Tax Reform (starting: Nov. 7, 2001) 1. Reducing direct taxation rates on income Gradual reduction of tax rates starting January 1, 2003 Final status from January 2008 onward Most tax reduction – in middle income brackets Current Status* Monthly gross income of $2,150 is taxed at an overall marginal tax rate of 50% Monthly gross income bracket of $3,870-$7,150 is taxed at an overall marginal tax rate of 60% Tax rate on monthly gross income in excess of $7,150 declines to 50% * To this end overall tax rate is inclusive of social security payments Policy Targets Following Reform As of January 1, 2008, the marginal tax rate inclusive of social security on a monthly income of $7,150 will amount to 49%. Until January 1, 2008 gradual reduction of tax rates. 2. Taxation of foreign income Frame of Discussion Taxation of Income derived in Israel by non residents.
    [Show full text]
  • Insights – Vol. 6 No. 8
    RUCHELMAN|30 the next generation of tax INDIA BUDGET 2019-20 ISRAELI C.F.C. RULES APPLY TO FOREIGN REAL ESTATE COMPANIES CONTROLLED BY ISRAELI SHAREHOLDERS DO YOU HAVE TO WITHHOLD 30% ON PAYMENTS TO A NON-U.S. INDEPENDENT CONTRACTOR? AND MORE Insights Vol. 6 No. 8 TABLE OF EDITORS’ NOTE CONTENTS In this month’s edition of Insights, our articles address the following: Editors’ Note • India Budget 2019-20. The first budget of the Modi 2.0 government was India Budget 2019-20 ................ 4 announced during the summer with a goal of bringing India to a growth tra- jectory. To that end, the Taxation Laws (Amendment) Ordinance, 2019, was Israeli C.F.C. Rules Apply to Foreign introduced on September 20, 2019, to incorporate the proposed changes into Real Estate Companies Controlled law. Included are incentives for International Financial Services Centres, tax by Israeli Shareholders ............ 10 relief for start-ups, a boost for electric vehicles, and faceless tax examina- tions intended to ensure that tax examinations are carried out in a uniform Do You Have to Withhold 30% way. Although anticipated by some, an inheritance tax was not introduced. on Payments to a Non-U.S. Jairaj Purandare, the Founder and Chairman of JMP Advisors Pvt Ltd, Mum- Independent Contractor? ......... 12 bai, explains the new provisions. Preferred Yet Neglected — A Plea • Israeli C.F.C. Rules Apply to Foreign Real Estate Companies Controlled for Guidance on Redemptions by Israeli Shareholders. Controlled foreign corporation (“C.F.C.”) laws are of C.F.C. Preferred Stock in the all the rage with parliaments around the world.
    [Show full text]
  • An International Comparison of Tax Systems in Industrial Countries
    V An International Comparison of Tax Systems in Industrial Countries Enrique G. Mendoza, AssafRazin, and Linda L. Tesar1 he precise measurement of tax rates that affect projections of real present values for investment T economic decisions at the aggregate level is projects in specific industries. However, as critical to the design of economic models that simu- Frenkel, Razin, and Sadka (1991) argue, the com- late the effects of fiscal policies. The extensive ana- plexity of tax credits and tax exemptions, as well as lytical work on the macroeconomic implications of the numerous equivalences that link broad catego- different tax systems produced during the last ries of taxes, makes constructing effective marginal decade, as reviewed in Frenkel and Razin (1987), tax rates that affect actual economic decisions at the emphasized the importance of modeling explicitly aggregate level extremely difficult. It is also diffi- the structure of incentives and constraints under cult to show that marginal tax rates that apply to which households and firms formulate optimal particular individuals in a household survey, or a plans in order to produce reliable assessments of the specific aggregation of incomes based on tax- effects of policies. This is particularly true in an bracket weights, are equivalent to the aggregate tax environment of increasing international economic rates that affect macroeconomic variables as mea- integration.2 The literature established that the sured in conventional national accounts systems. models designed to simulate the effects of changes Moreover, detailed time series and international in fiscal policy must consider a realistic description cross-sectional applications of methods for comput- of the rates of taxation prevailing in different coun- ing effective marginal tax rates are seriously limited tries before experimenting with alternative policies.
    [Show full text]
  • Taxation of the Digitalized Economy
    Taxation of the digitalized economy Developments summary Updated: July 23, 2020 kpmg.com Taxation of the digitalized economy Notices The following information is not intended to be “written advice concerning one or more Federal tax matters” subject to the requirements of section 10.37(a)(2) of Treasury Department Circular 230. The information contained herein is of a general nature and based on authorities that are subject to change. Applicability of the information to specific situations should be determined through consultation with your tax adviser. © 2020 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member 2 firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDP080342 Taxation of the digitalized economy Contents Direct taxes ............................................................................................................................................................................................................. 5 Summary chart of certain implemented or proposed direct taxes ................................................................................................................. 6 Country specific detail – Direct taxes ........................................................................................................................................................... 14 Citations – Direct taxes ................................................................................................................................................................................
    [Show full text]
  • Taxation of the Digitalized Economy
    Taxation of the digitalized economy Developments summary Updated: June 26, 2020 kpmg.com Taxation of the digitalized economy Notices The following information is not intended to be “written advice concerning one or more Federal tax matters” subject to the requirements of section 10.37(a)(2) of Treasury Department Circular 230. The information contained herein is of a general nature and based on authorities that are subject to change. Applicability of the information to specific situations should be determined through consultation with your tax adviser. © 2020 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member 2 firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDP080342 Taxation of the digitalized economy Contents Direct taxes ............................................................................................................................................................................................................. 5 Summary chart of certain implemented or proposed direct taxes ................................................................................................................. 6 Country specific detail – Direct taxes ........................................................................................................................................................... 13 Citations – Direct taxes ................................................................................................................................................................................
    [Show full text]