ran artzi geneve 2013 presentation final

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Artzi, Hiba & Elmekiesse www.ahe-tax.co.il Returning Resident and New Resident, Residency interpretation for Tax Purposes, Trust Settlements Ran Artzi, C.p.a. – Managing Partner Artzi, Hiba & Elmekiesse - Tax Solutions Ltd. 29/10/2013 1

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Page 1: Ran artzi   geneve 2013 presentation final

Art

zi, H

iba

& E

lmek

iess

e

www.ahe-tax .co . i l

Returning Resident and

New Resident,

Residency interpretation for

Tax Purposes,

Trust Settlements Ran Artzi, C.p.a. – Managing Partner

Artzi, Hiba & Elmekiesse - Tax Solutions Ltd.

29/10/2013

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www.ahe-tax .co . i l

Definitions:

The Israeli Tax Ordinance (“ITA”) distinguishes

between two types of returning residents:

“(Regular) Returning Resident” (“RR”) - a person who

returns to Israel after being a foreign resident for at least

a period of 6 years.

“Long-Term Returning Resident” (“LTRR”) - a person

who returns to Israel after being a foreign resident for at

least a period of 10 years.

“New resident” (New Immigrant) (“NR”) entitles to

benefits as LTRR, as described in the following slides.

Returning Resident

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exemptions and relieves granted to LTRR and NR and New:

According to Sections 14(a) and 97(b) of the ITO, income of a

LTRR is exempt during the first 10 years of his residence in

Israel, irrespective of whether the income is passive or active,

or capital gains accrued or derived from outside of Israel,

unless he requests otherwise.

Returning Residents

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LTRR and NR are exempt from reporting and disclosing their

income from outside of Israel on their tax returns, meaning

they are not obligated to report and disclose their assets

outside of Israel.

The Exemption is also applicable on newly purchased assets

or new activities outside of Israel, after the date the LTRR and

NR transferred their “center of life” to Israel, under certain

conditions.

Returning Residents

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Exemptions and relieves granted to Returning Resident:

According to Sections 14(c) and 97(b)(2) of the ITO, income

of a Returning Resident is exempt as follows:

An RR is exempt from tax for 5 years from the date of return on

passive income (interest, dividends, royalties, rentals and

pensions) generated outside of Israel or whose source is from

assets outside of Israel and for 10 years on capital gains from

the sale of such assets, all this being in relation to assets

acquired by him while being a foreign reside.

Income from interest and dividends derived from assets located

outside of Israel, which are classified as “Eligible Securities”.

The aforesaid exemption on income for RR is awarded under

condition that the income is passive and does not derived form a

business.

Returning Residents

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Destinctions betweem RR and LTRR:

Returning Residents

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Long-Term

Returning

Resident and New

Resident

(Regular)

Returning

Resident

Subject / Type of income

Period of 10 years Period of 5 years Exemption on passive income from

assets located outside of Israel

Period of 10 years Period of 10

years Exemption on capital gains from

assets located outside of Israel

Period of 10 years No

Exemption on business income

derived outside of Israel

Period of 10 years No Exemption on wage or self-employed

income derived outside of Israel

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Returning Residents

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Long-Term

Returning

Resident and New

Resident

(Regular)

Returning

Resident

subject

Yes No Applicable on newly purchased assets or new

activities

located outside of Israel

Yes No Relief with respect to “Management and

Control” test

Yes No exemption from reporting and disclosing

income from outside of Israel on tax report,

meaning no obligation to report and disclose

assets outside of Israel

Yes No Relief with respect to CFC and Foreign Self-

Employed Company

Yes No Conditional trial period

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New court decisions in Israel regarding the

interpretation of residency:

In the matter of Sapir vs. Assessing Officer - regarding

splitting the family unit:

Sapir work and lived with his family in Singapore during the

period of 1994-1998 and afterwards came back to Israel.

Sapir returned solely to Singapore, without his close family,

from the year of 2001.

The question in matter was whether moving to live in

Singapore without his close family, will discontinue the

Israeli residency?

The court decided, that most of Sapir’s linkages indicate that

the “center of life” has been transferred to Singapore, even thought Sapir’s wife stayed and continued to live in Israel.

New Court Decisions

Regarding Residency

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In the matter of Mr. K.A vs. Assessing Officer – the

residency was continued:

K.A claimed that he was a Romanian resident. He started his

operations in Romania from the year of 1998 and lived there

with a Romanian spouse, who was a Romanian resident.

Even though K.A spent each year less than 183 days in

Israel, the presumption of being an Israeli resident by

staying in Israel 30 days and accumulated 425 days in the

prior of 2 years (“The Presumption”) applied to him.

The court decided that the residency burden of proof was on

K.A because the abovementioned presumption is validated

on him.

New Court Decisions

Regarding Residency

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In the matter of Mr. K.A vs. Assessing Officer – the

residency was continued:

Regarding K.A residency, the court decided that the home in

Israel was his “Permanent Home”.

When taking into consideration that K.A claimed for tax

purpose the credit point for being an Israeli resident and

that his claims regarding (i) Romanian spouse and (ii) his

expenses in Romania were not proven, and most of his

personal parameters were tended to Israel.

New Court Decisions

Regarding Residency

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From the combination of the Court decision in

recognizing the splitting of the family unit for residency

and in consequence for tax purpose, we believe that that a

spouse of a foreign resident can become an Israeli

resident and will be entitle to the benefits granted to

LTRR, RR or NR as applicable, while the other spouse will

remain a foreign residence, and in the future, the other

spouse, who remained a foreign resident, will be granted

the benefits given to LTRR, RT or NR, as applicable, upon

moving his “center of life” to Israel.

Hence, the spouse who will not transfer his “center of life”

to Israel, will not be subjected to Israel residency as long

as his linkage is to his country of residency.

Implications of the Court

Decisions

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For example: a family composed of a husband, wife and

daughter which transferred before their “center of life” to

a foreign country, could split their family unit by means of

returning only the “center of life” to Israel of the wife and

the daughter, and enjoy the benefits granted to RR, while

the husband remains a foreign resident; After a few years,

when the husband will transfer his “center of life” to Israel

he will enjoy the benefits granted to LTRR.

Furthermore, a trust whose settlor will not transfer his

“center of life” to Israel and keep his linkage to a foreign

country, while the settlor’s spouse, who is not a

beneficiary of the trust and will transfer the “center of

life” to Israel, shall maintain its foreign residency, subject

to the examination of the trust’s beneficiaries residencies.

Implications of the Court

Decisions

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Amendment no’ 197 to the Ordinance, added a new definition

of trust - Israeli Beneficiary Trust (“IBT”).

A Sub classification of an IBT is a Relative Trust (“RT”) - a

trust of which the settlor and the beneficiary has family

connection as follows:

The settlor is the father, grandfather, spouse, child or

grandchild of the beneficiary.

The settlor and the beneficiary fulfill one of the following

relative connection as defined in “relative” in section 88 to the

ITA:

spouse, brother, sister, parent, parent's parent, offspring and

spouse's offspring, and the spouse of any of these (“First

Degree Family Relation”).

offspring of a brother or sister, and brother or sister of a

parent (“Second Degree Family Relation”).

Trust Settlement

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In light of our past experience with past settlements when

amendments of the ITO came into force, and follow our

recommendation to a committee of the ITA regarding the taxation on

Trusts, we can assume that the RT capital till December 31st 2013,

(“RT Capital”) shall be levied taxes, as follows:

A range of percentage of the RT Capital in cases where the trust

shall be classified as an RT, in case where the trust’s settlor is

alive, when amendment no’ 197 came into force and the settlor

and the beneficiary has one of the either connection, :

First Degree Family Relation, or

The settlor and the beneficiary fulfill a Second Degree Family

Relation and the assessing officer was convinced that the

setting of the trust was in good faith and the beneficiary did

not transfer any consideration to the settlor for his attributed

rights to the trust’s assets.

Taxations on Israeli Beneficiary

Trust

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A range of percentage of the of the RT Capital in case where the

trust shall be classified as an RT and the trust’s settlor is not

alive when amendment no’ 197 came into force and:

The settlor, provided he was alive, and the beneficiary has

either First Degree Connection or Second Degree

Connection, and,

The settlor passed away before August 1st 2013.

Furthermore, the assessing officer has to be convinced that

the trust has not been settled for the purpose of tax-avoidance

and the granting of assets to the trust were in good faith.

Taxations on Israeli Beneficiary

Trust

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Thank you

Ran Artzi, C.p.a. – Managing Partner

[email protected]

Artzi, Hiba & Elmekiesse - Tax Solutions Ltd.

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