
Regarding U.S./Israeli Income Tax Issues
Asked by Potential and Current Olim
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1. Will I have to file U.S. returns? Will I have to file Israeli returns? |
U.S. Tax Returns: U.S. Tax returns will continue to be filed as long as the new oleh remains a U.S. citizen or resident.
Israeli Tax Returns: Assuming the new oleh is considered an Israeli tax resident, he generally will not have to file tax returns for 5 years from the date of aliyah. Most new retired olim will benefit from the 5-year exemption granted to new olim on interest, dividends, rents, royalties, and pensions. Capital gains on assets acquired prior to aliyah generally have a 10-year exemption. There are many exceptions especially with respect to work income, sale of assets acquired after aliyah, assets owned in excess of certain net worth levels and other matters.
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2. What if I don't file U.S. or Israeli tax returns? |
If you don't file you may be subject to severe penalities by the IRS. In addition, the IRS can levy a tax and put a lien on your financial accounts. The IRS can also instruct the finanaical institution to withhold tax at source, regardless of whether or not you are a U.S. citizen and filed Form W-9. In addition, you may be denied a passport renewal, Social Security Benefits and other benefits such as the U.S. child credit. Israel may also levy penalties for non-filing.
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4. What if I work while I live in Israel? |
U.S. Tax Returns: U.S. citizens who are residents of Israel or are physically present in Israel for 330 days of the year are entitled to exclude from their income the first $85,700 of earned income. Please note that U.S. self-employment tax must still be paid if an individual is self-employed in Israel.
Israel Tax Returns: You are taxed in Israel first and may receive a credit on your U.S. tax return for taxes paid to Israel. New olim pay reduced Israeli income taxes for the first 3 1/2 years (the maximum Israeli rate is being reduced to 44% by the year 2010). Please note that the 5-year exemption period from tax on passive income does not apply to work income.
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6. What if I spend part of my time in the U.S. and part of my time in Israel, where am I taxed? |
The answer to this question may be quite complicated and involves a through analysis of whether or not the individual is considered an Israeli or U.S. tax resident. This includes reference to U.S. and Israeli tax law and the U.S.-Israeli Income Tax Treaty. In general, if a person makes aliyah, has his center of life in Israel, (i.e. owns a home in Israel, has family in Israel, most social activities occur in Israel, etc.), and spends over 183 days in the current tax year or 30 days in the current tax year and 425 days in Israel over a 3 year period, he would generally be considered an Israeli tax resident and be subject to Israeli tax.
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7. Will I have to file a State income tax return after aliyah? |
Yes. You generally need to file a partial year State income tax return in the year that you make aliyah. After that, unless you have a nexus (strong connection) to your State (i.e. income from rentals, partnerships or S corporations, or work income, etc.), you would generally NOT have to file a State tax return for years after you make aliyah.
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9. Are distributions from trusts taxable in Israel? |
The answer to this question is quite complicated. In general, trusts formed by a foreign resident are exempt from Israeli taxation. Trusts formed by Israeli residents are taxable in Israel. These rules generally apply regardless of where the beneficiary resides.
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