Aliya experts: Capital Gains Tax

Vol LXV: I'm planning on making Aliya later this year and had some questions about exit tax if I decide to go back to Australia at some later time.

aliyaexpert88 (photo credit: )
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The expert is Maurice Singer, Senior Aliyah Consultant at the Jewish Agency. While every care and attention is made to give accurate answers, no responsibility can be taken by the writer or the Jewish Agency if the information offered may prove to be misleading. Send us your questions.
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  • For Vols LXI to Vol LXIII click here * * * Vol LXV Q: In 1982, we moved to Israel when I was 8 years old. My father started to work at the Weizmann Institute at that time. I may be wrong but at that time I guess you had to live in Israel for 5 years to get citizenship. And I guess we were called something different than olim hadashim (??). We had to move back to Turkey after three years so we never got Israeli passports. I married an olah hadasha who has an Israeli passport and we live in Turkey. What are my rights in this situation? I know that I can not get a passport through marriage. But can I get a passport due to my aliyah which I made in 1982? If this does not count, if I move to Israel with my wife will I be considered an oleh hadash? A: You are asking me to make some educated guesses here. It sounds as if your parents came on A-1 visas (Temporary Residents) and left when the Visas expired because then they were issued for 3 years. Therefore if you decide to live in Israel, you will be able to apply for an Oleh Visa. This is just a visa, Benefits are a different matter Q: I am english. I have been with my Israeli girlfriend for 2 years and I moved to Israel to be with her 6 months ago. I have applied for temp residency visa. How do I (non-Jewish) become a citizen without marriage or conversion? I am more than willing to serve the IDF (age 22). And if I get an Israeli passport do I have to give up my British one because I am not Jewish? A: It is a very lengthy process and could take several years. You must first try to obtain permission to stay and work here. Then after a while try to obtain a permenant residents visa. You do not have to gice up anything, both Israel and Britain recognize dual nationality Q: I am planning on making Aliyah in September. I am a fit 23-year-old and would love to be a good Israeli soldier. But I understand, that I'd serve just 6 months and that I'd probably not be a combat soldier. I'm reluctant to sign up for 3 years as I'd like to marry and start a family soon. Is there an option of serving a year? Presumably plenty of Israelis start families in the army. Is it practical? A: If you are medically fit, there is no reason why you should not become a combat soldier either during your 6 months stint or later on in Miluim. Q: Can a spouse of a Jew make Aliya? I read it in the Law of Return, but I know the praxis that a spouse of a Jew has to go through a 4-5 year process in Israel before receiving citizenship. Is there a difference made between Aliya from outside Israel and the couples still living here? My husband is Jewish, born Israeli, I converted abroad (3 years ago), but unfortunately met my husband shortly after conversion, fell in love, and went because of him to Israel, so I didn't fulfill the one-year after conversion in my home community required to be accepted for Aliya. Can I nevertheless request to make Aliya because of the marriage now? A: There is a difference between the spouse of a Jew and the spouse of a Jew who is also an Israeli. You should apply to the Ministry of Interior to have your case for Aliya considered. Q: I am a 21-year-old male working on a kibbutz and thinking about making aliyah. I plan to return to the US once my ulpan is over. If I then return to Israel after my 22nd birthday, what would the length of my IDF service be? A: If you are out of the country for at least a year then your age will be considered as 22 which means 6 months Q: I'm planning on making Aliya later this year and had some questions about exit tax if I decide to go back to Australia at some later time. I own an apartment in Jerusalem, shares & real property in Australia (which I intended to keep and rent out). If I decide to go back to Australia after having become an Israeli resident will I have to pay exit tax on these assets? A: If you have owned a property in Israel over 4 years then it is exempt from Capital Gains Tax in Israel. There is no travel tax any more in Israel. Q: A: * * * Vol LXIV Q: I was born to an Iranian Jewish father and non-Jewish mother. My father due to marrying a Muslim woman in Iran had to not identify himself as Jewish in Iran mostly because of my mother security's problem as the government could execute my mother for marring a Jew. So, my father does not have a Jewish certificate. I would really like to take my father's identity as a Jew and I am thinking of making aliyah. Due to not having a certificate for my father I don't know how I can prove to make aliyah. Please guide me if it is possible on this matter. What are my chances of making aliyah? A: You will need to do some research regarding your father. Did he have brothers? where are his parents, burial ground etc. You will need documentary evidence in order to qualify under the Law of Return. Q: I lived in Israel for many years and taught in the Hebrew University and David Yelin Teachers College. I am retired now and live in the United States. I receive a pension which is deposited monthly into my account in Bank Discount, Rehavia, Jerusalem. I have a Teudat Zehut. As is required, periodically, I sent a copy of it to the bank some months ago. Suddenly, I was notified by the bank that my pension money cannot be released because my Teudat Zehut number does not have the additional number seven (7) at the end which was added to all the Teudot numbers. I was advised that I have to return to Israel to get an updated Teudat Zehut. I am writing to inquire if there is a way that this can be done here in the United States. A: You may get the extra number added by the nearest Israeli Consulate Q: I have been trying to find conclusive questions about making Aliya. My background is in engineering-I design industrial facilities-pharmaceutical, nuclear, petrochem, etc. I cannot find anyone to assist me. Is there a need and if so, please let me know who to contact. A: You should open an Aliyah file with the Jewish Agency. This puts you under no obligation to make Aliyah but does give you access to the services of the "Aliyah Job Center". They certainly should be able to assist you Q: If I decided to make aliyah upon retirement, would my children automatically obtain Israeli citizenship (and thus be called for the IDF), even if they will be over 18 ? A: No Q: I am posting on behalf of a friend who has dual American/Israeli citizenship. She wants to adopt a child but is considered too old by the adoption authorities in Israel so she is using an American adoption agency. The child is not Jewish by birth but will have a strictly Orthodox conversion. Will she have any problems bringing her adopted child into Israel? She has been unable to get any straight answers on this so far. A: If she has legally adopted a child and also had the child converted to Judaism then there should be no problem whatsoever. Q: I live in South Africa since 2001 and now considering to return to Israel. In the last 7 years we had 2 children born here. Are there any benefits that we can receive on return, and what are the procedures? A: I assume that you are Israeli. As such you will be Returning Residents and those appropriate benefits will apply to you and your children. Your contact is the Israeli Consulate nearest to where you live. Q: My wife and I are in the process of conversion. In case we would make aliyah what will be the status of our children, who were born as non-Jewish? There is some option for them to be considered as Jewish if they are 14 years old? A: You should consult with the Rabbinical Authority that is supervising your conversion. It is unusual for parents with minor children to convert without them. Q: My wife was born in Israel and has dual citizenship. I am a US citizen. My children were born in the US and have US citizenship. Can my wife make aliya while my children and I live as tourists in Israel? If yes for how long. A: Your wife was born Israeli and as such can return home to Israel, but not as an Olah. Your children were also born with dual nationality and should have Israeli passports. There should be no reason why you should not live with them in Israel and remain a tourist if you so wish. The question is though; What would be the advantage of that?
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