We bring to your attention a tax update:
Encouraging a knowledge-intensive industry – (Temporary order)
On 07.31.2023, an interim order was published in the records that grants tax benefits for investments in R&D-intensive companies. The interim order is effective from the date of publication, i.e., 07.31.2023, until the end of tax year 2026.
Here is a summary of the benefits:
Tax credit for investor
And here are a few points:
Investment amount ceiling for credit purposes - up to 4 million NIS.
The investor must hold the allocated shares for at least 3 years from the date of investment.
An unused excess tax credit was created and can be utilized in future years.
When the shares are sold by the investor, the investment amount for which the tax credit was granted will be deducted from the cost of the shares.2. Tech company investment swap
An individual who held shares in a preferred company with a technological plant (as defined by the Law for the Encouragement of Capital Investments) and realized a capital gain from selling these shares during the specified period, will be eligible to reduce the capital gain from the sale of shares in the preferred company by the amount invested in a R&D company (hereinafter, "investment rollover"), if within 12 months after the date of sale or within 4 months prior thereto, they make a cash investment in an R&D company in exchange for an allocation of shares.
When capital gains are generated in the future from the sale of shares in the R&D company, the amount previously deducted from capital gains will be added to this capital gain.
And here are a few points:
The holding of shares in the R&D company will be for a period of at least 6 months.
The sum of the aforesaid investment exchange cannot exceed NIS 5.5 million, less investments made by him or his relative in the said R&D company for which tax benefits were claimed under Section 1 above.
Also, regarding the tax benefits in Sections 1 and 2 above, a number of conditions, restrictions, and anti-avoidance provisions have been established for eligibility for these benefits.
3. Deducting an investment in the shares of an eligible company as an expense
A preferred company with a preferred technological enterprise (as defined in the Law for the Encouragement of Capital Investment), which acquires controlling interest in an R&D company or a preferred technological company with an improved intangible asset, will be able to deduct the cost of the aforementioned shares for tax purposes over five years in equal installments, against its preferred technological income. Eligibility for this tax benefit is subject to the fulfillment of many conditions.
4. Tax Exemption for a Foreign Financial Institution
According to the current order, a tax exemption will be granted in Israel (under certain conditions) to a foreign financial institution for interest paid to it due to a loan to a preferred company with a preferred technological enterprise (as defined in the Law for the Encouragement of Capital Investments), which used the loan funds for its preferred activity.
5. Capital loss from investment in an R&D company (extension of Section 92A of the Ordinance)
An individual who purchased shares in an R&D company, as part of an IPO on the Israeli stock exchange, will be able to claim the aforementioned purchase cost as a capital loss for tax purposes, up to a total of 5 million ILS (under certain conditions).
