The Israeli Tax Authority (ITA) recently announced, during a
discussion of the parliamentary committee, that it is about to
publish a tax circular regarding renting apartments for a
short periods of time, including through Internet platforms such as
According to recently released data, In 2015 about 128,000
tourists visiting Israel rented apartments through Airbnb. This
represents an increase of 45% compared to 2014, as well as an
increase of 40% in the number of Israelis who offer their
apartments for rent through Airbnb, which is now over 13,000.
Renting apartments on a platform such as Airbnb raises a number
of legal questions, and it has a lot of gray areas. If we add to
that the silence of the legislature and the tax authorities, it is
a magic recipe for not reporting and evading taxes.
Should the landlord have a business operation, expertise and
multiple rentals, he can easily fall within the definition of a
dealer who is required to pay a tax for a business income, and
therefore subjected to pay taxes in accordance with his marginal
tax brackets (up to 48%). Moreover, not only can the Israel Tax
Authority knock on the landlord's door, but also
the VAT authorities, Social Security, the Municipal Property tax
department and others.
However, there are some gray areas here, for example, when a
person rents out his or her apartment for a month or more through
Airbnb. There is a question if is this person should be classified
as a dealer, or is it a case of a regular tenancy, where a person
can enjoy a tax exemption or a tax reduction of 10%.
The ITA announced that as part of the discussions in the House
Committee it is working on a tax notice on the subject. Until this
notice comes out, and even after it does, there are many tools for
building and planning a tax strategy for people who choose to rent
their properties through Airbnb.
Originally published on March 6, 2016
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However, this right to own immovable property like every other right is not absolute but subject to certain qualifications.
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