(photo credit: courtesy)
Recently, the Tax Incentive Policy Review Commission submitted draft proposals
for reforming Israel’s tax breaks contained in the Law for the Encouragement of
Capital Investments, 1959.
What are the current tax breaks?
In brief, the
main Israeli tax breaks in the law for “privileged enterprises” and “approved
enterprises” in industry and tourism are: 1. Main “green channel” package: Zero
company tax for retained profits. If and when profits are distributed as
dividends, the company tax rate will range from 10 percent (if foreign ownership
is 90% or more) to 25% (if foreign ownership is below 49%).
there will be a 15% dividend withholding tax. The company tax benefit period is
seven to 10 years.
2. Fixed-asset grants for an approved enterprise: If
fixed-asset grants are desired, there is a grant plus low-tax package for an
approved enterprise. The grants range up to 32%, depending on location, and
company tax rates range from 10% to 25% for seven to 15 years. If profits are
distributed, a 15% dividend withholding tax also applies.
package”: So called because the corporate tax rate can be lower than in Ireland,
home to many hi-tech plants. In Development Area A, it is possible to elect
11.5% company tax on retained and distributed profits for 10 years. Dividends
are subject to a withholding tax of 4% in the case of foreign-resident
shareholders and 15% in the case of Israeli-resident shareholders.
Large/strategic investor package: Large investments (NIS 600 million to NIS
900m.) in privileged enterprises by large groups in certain areas of Israel may
qualify for zero company tax for both retained and distributed profits as well
as exemption from dividend withholding tax. The benefit period is seven to 10
years. This package is for groups with annual revenues exceeding NIS 13 billion
to NIS 20b.
5. Foreign-intensive investment company: Such companies enjoy
an extra five years of company tax benefit under their selected package; i.e.,
up to 15 years instead of 10. This applies to an industrial company where the
level of foreign ownership exceeds 74% and at least $20m. is invested in an
In the last five years of benefit, the company
must derive at least 80% of revenues in foreign currency.Objectives of
the new proposals
The proposals are broad. The aims would be to enhance growth
in the business sector, improve Israeli industrial competitiveness in world
markets, generate jobs and develop the peripheral areas. Priority would be given
to innovation in the development area.Incentive packages now proposed
Under the proposals, the first two tax breaks above would be amended, resulting
in two alternative incentive packages: (1) The tax-break package, and (2) The
grant and loan package.
It appears that current tax breaks Nos. 3-5 above
would be scrapped, so if any of them interest you, you had better move fast to
claim them.Tax-break package proposals
Under the tax-break package, it
is proposed that a uniform rate of company tax would apply to all income of
industrial export companies (over 25% of revenues from exports). In 2011-2012,
the proposed uniform rate of company tax would be 5%-10% in Development Area A
and 5%-15% elsewhere in Israel from business activity in Israel. Starting in
2013, the proposed rates of company tax would decrease to 8% in Development Area
A and 12% elsewhere in Israel.
In addition, certain “special industrial
enterprises” may be granted a further reduced company tax rate of 5% in
Development Area A and 8% elsewhere in Israel.
Under the proposals, it
would no longer be necessary to invest in productive fixed assets. The tax
commissioner would be given the power to allocate the income of enterprises that
operate in both Israel and abroad.
Dividends would be subject to a 15%
withholding tax, grant and loan package.
Under the grant and loan
package, the government’s Investment Center Board would be empowered to generate
incentive packages that encourage innovation and efficiency with highly
significant benefit to the economy and investment in manpower.
packages may include professional training, loans to small and medium
enterprises, etc. The board would determine grants in Development Area A, with
at least 25% of revenues from abroad, of up to 24% (including an administrative
grant of 4%).
It is proposed that these grants may be applied to the
establishment or expansion of an enterprise or in manpower or any other way that
meet’s the objectives of the law.Who would NOT be eligible?
breaks would be available to government companies or mining, oil and gas
enterprises. Partnerships would only be eligible if they are owned by Israeli
companies and the plant is an industrial exporter as discussed
The proposed new arrangement would apply to income
generated starting in 2011 by competitive industrial companies. Existing
entities may be allowed to transition to the new benefits.
Note that the
new proposals have yet to be accepted by the government, and it remains to be
seen what will be legislated by the Knesset.As always, consult
experienced tax advisers in each country at an early stage in specific
email@example.com Leon Harris is an international tax
specialist at Harris Consulting & Tax Ltd.