For decades, Israel's main tool for attracting and retaining multinational R&D operations was a combination of grant programs run by the Israel Innovation Authority (Rashut HaChidush) and reduced corporate tax rates under the Encouragement of Capital Investments Law. Intel, Microsoft, Google, Apple, and hundreds of other foreign groups built substantial engineering centers in Israel partly on the strength of those incentives. The system worked, but it ran into a problem: the OECD's Base Erosion and Profit Shifting (BEPS) framework, and specifically Pillar Two, threatened to neutralize much of the benefit for large multinationals by subjecting any income taxed below 15% to a top-up charge levied by the parent country.
Israel's legislature responded with the 2026 R&D Encouragement and Incentive Law. It does not cut corporate tax rates. Instead, it gives a credit against taxes already owed, structured so that it counts as a Qualified Refundable Tax Credit under the OECD framework. That distinction is the whole point. If you run a technology R&D operation in Israel as part of a global group, this is the Israeli tax change that matters most for 2026 filings.
1. Why Israel Created This Credit
Israel's pre-existing R&D incentive regime had two main pillars. First, the Israel Innovation Authority provided grants covering a portion of approved R&D budgets — typically 20–50% of qualifying expenditure — in exchange for royalty repayment obligations if the funded IP generated revenues. Second, companies with significant Israeli R&D operations could qualify as Preferred Technological Enterprises under the Encouragement of Capital Investments Law, which reduced the corporate tax rate on qualifying income to 12% (or 7.5% in designated development regions).
The Pillar Two global minimum tax, which began applying to large multinational groups with global revenues exceeding EUR 750 million from January 2024 onward, created a serious complication. A parent company domiciled in the EU, UK, or another Pillar Two jurisdiction would owe a top-up tax on its Israeli subsidiary's income if that subsidiary's effective tax rate fell below 15%. For a Preferred Technological Enterprise paying 7.5–12%, that gap could be substantial — and the top-up tax would be collected by the parent country, not credited back to Israel.
The OECD's design of Pillar Two included one key carve-out: a Qualified Refundable Tax Credit (QRTC). A QRTC is a credit that is both refundable to the extent it exceeds the company's tax liability and not contingent on the group making a particular investment decision or maintaining a particular tax rate. If a tax incentive meets the QRTC test, it does not reduce covered taxes for Pillar Two purposes in the way a rate reduction does, and the parent jurisdiction does not levy a top-up on it.
The 2026 law is Israel's QRTC. Instead of a rate cut that triggers Pillar Two top-up, it delivers the economic equivalent — a credit of 25–30% of eligible spending — through a mechanism the OECD will recognize as a QRTC. For groups already inside the Pillar Two regime, the difference between the two approaches can represent tens or hundreds of millions of shekels in annual tax cost.
2. Which Groups Qualify for the Credit
The law introduces the concept of an Eligible Group (kvutza zkait). A group is eligible when it meets two cumulative thresholds:
- Revenue threshold: The group's worldwide annual revenues must reach at least NIS 100 million (approximately USD 27 million at mid-2026 exchange rates). The threshold is assessed at the consolidated group level, not just the Israeli entity's revenues. A group with NIS 60 million of Israeli revenues but NIS 150 million of worldwide revenues qualifies.
- Employment threshold: The group must employ at least 200 full-time employees in Israel on average over the current tax year and the two immediately preceding years. The law also sets a minimum floor: the headcount in each individual year must not fall below 150 Israeli full-time employees. Employees of all Israeli group entities are counted together.
Both thresholds must be met at the same time. A group with 250 Israeli employees but NIS 80 million in worldwide revenues does not qualify. A group with NIS 500 million in worldwide revenues but only 180 Israeli employees on a three-year average does not qualify either.
The law does not restrict eligibility to Israeli companies. A foreign company with a registered branch or permanent establishment in Israel that conducts R&D through that branch can be the claiming entity, provided its parent group meets the group-level thresholds. Israeli subsidiaries of foreign multinationals are the most common applicants in practice.
3. What Counts as Qualifying R&D Expenses
The law defines qualifying R&D expenses by reference to the Israeli Research and Development Law 5744-1984 (Chok L'Idud Mechkar V'Pitua), which has governed grant applications to the Israel Innovation Authority for over four decades. Under that framework, qualifying activities are those aimed at creating or substantially improving a product, process, or technology in a way that involves technological or scientific uncertainty — meaning the outcome cannot be determined in advance by a skilled practitioner applying known methods.
Qualifying expenses generally cover:
- Gross salaries, employer Bituach Leumi contributions, pension contributions, and benefits for employees whose primary role is R&D. Employees who split time between R&D and other functions need documented time allocations.
- Materials and consumables used during R&D and not incorporated into products sold to customers.
- Payments to Israeli or foreign subcontractors for R&D services performed for the claiming entity. Payments to related-party subcontractors across borders require arm's-length transfer pricing documentation.
- Depreciation on machinery, computers, and laboratory equipment used mainly for R&D.
- Facility costs, utilities, and shared services allocated to R&D under a documented cost allocation methodology signed off by the company's auditors.
What does not qualify:
- Routine product testing or quality assurance not involving technological uncertainty
- Market research, consumer surveys, or competitive analysis
- Ordinary software maintenance and bug-fixing on existing production systems
- Management consulting, legal, and administrative costs
- Expenses already reimbursed under an IIA grant for the same tax year (no double-claiming)
4. The Credit Rates: 25% and 30%
The credit structure has two tiers:
- 25% on qualifying R&D expenses up to NIS 1.05 billion per year
- 30% on qualifying R&D expenses exceeding NIS 1.05 billion per year
The NIS 1.05 billion threshold is assessed at the claiming entity level, not the group level. An Israeli subsidiary with NIS 300 million of qualifying R&D expenditure receives a credit of NIS 75 million (25% of NIS 300 million) and has not yet reached the threshold at which the higher 30% rate kicks in. A group that structures its Israeli R&D across two Israeli subsidiaries receives the 25% rate separately for each, up to NIS 1.05 billion per entity.
The credit is applied against the entity's Israeli corporate income tax liability for the tax year. Israel's headline corporate tax rate is 23%. The credit can reduce that liability to zero. For R&D-intensive companies whose spending outpaces their taxable income, the excess is refunded in cash by the Israel Tax Authority within 90 days of the annual return being filed and accepted.
The refundable character is what makes this a QRTC rather than a non-refundable tax incentive. Companies with temporary losses or low taxable income do not lose the benefit; they receive the refund instead.
5. Pillar Two Compatibility: Why the QRTC Structure Matters
The OECD Pillar Two rules impose a global minimum effective tax rate of 15% on the income of multinational groups with global revenues exceeding EUR 750 million per year. For groups below that threshold, Pillar Two is currently not relevant — though a number of countries are considering extending minimum tax rules to smaller groups over time.
Two types of tax incentives exist in the Pillar Two world, and they behave very differently. A rate reduction — lowering the statutory rate from 23% to, say, 10% — directly cuts covered taxes and reduces the entity's effective tax rate for Pillar Two purposes. Once the effective rate drops below 15%, the parent jurisdiction's supplementary charge (the Income Inclusion Rule or the Undertaxed Payments Rule) fills the gap. The benefit of the Israeli incentive is partly or fully offset by a new charge levied abroad.
A Qualified Refundable Tax Credit is treated differently under the OECD rules. A credit that is refundable and not contingent on investment decisions counts as a subsidy, not a reduction in tax. It adds to the company's economic returns without cutting covered taxes for Pillar Two purposes, because the refund comes back as income rather than as a tax abatement. The parent jurisdiction's top-up mechanism does not fire.
Israel's 2026 law was written after dialogue between the Israeli Ministry of Finance and the OECD Secretariat specifically to meet the QRTC criteria. The credit is unconditionally refundable. There is no condition that the company maintain a minimum headcount, hit a technology milestone, or commit to future investment spending. Those are the structural features the OECD requires to grant QRTC treatment.
6. Interaction With Other Israeli Tax Incentives
IIA grant funding and the R&D credit do not stack. An expense funded by an IIA grant cannot also enter the credit base — the law bars double benefit outright. Companies receiving IIA grants must segregate grant-funded and self-funded projects and apply the credit only to the latter. Since IIA grants typically cover 20–40% of approved budgets, the remaining 60–80% of those projects can still feed into the credit base, but the accounting needs to be clean and project-level.
The Preferred Technological Enterprise regime (12% corporate tax, or 7.5% in Development Region A) is still available to qualifying companies, but income taxed at the reduced rate and the R&D expenses that generated it cannot simultaneously benefit from the 25–30% credit. A company has to pick one regime per project or entity. The common approach is to put manufacturing and commercialization entities under the Preferred Technological Enterprise track and run pure R&D cost centers under the new credit law.
Transfer pricing is the other trap. The company claiming the credit must actually bear the economic risk of the R&D and hold the right to benefit from its output. A subsidiary that is fully reimbursed by a foreign parent for all R&D costs and receives a cost-plus markup — the classic contract-R&D structure — probably cannot claim the credit, because economic risk sits at the parent level, not with the Israeli entity. Groups may need to revise their intercompany arrangements before filing the first claim. Israeli transfer pricing rules follow the OECD Guidelines, and the ITA has been active in auditing R&D entity characterizations.
7. How to Claim the Credit: Procedure and Timeline
Claiming the Israel R&D tax credit for the first time involves two authorities and two processes running in parallel: a technical qualification process with the Israel Innovation Authority and a tax credit computation process with the Israel Tax Authority.
Step 1: IIA notification of qualifying activities. The claiming company must notify the IIA of its qualifying R&D activities for each tax year. For 2026, this notification must be filed with the IIA no later than March 31, 2027. The notification form, available on the IIA's online portal at iia.gov.il, requires a description of qualifying projects, a list of Israeli R&D employees by project, and a summary expense schedule. First-time applicants must also submit an overview of the group's global R&D strategy and the Israeli entity's role within it.
Step 2: IIA technical review. The IIA reviews the notification to confirm that the described activities constitute qualifying R&D under the R&D Law 5744-1984. The IIA has 90 days from the notification date to issue a qualification confirmation or raise objections. No response within 90 days is treated as approval. Companies can expedite the review by requesting a pre-filing meeting with an IIA sector specialist.
Step 3: Annual corporate tax return with credit schedule. The credit is claimed by attaching the IIA qualification confirmation to the annual corporate tax return (Form 1214, doch mas hachnasa shnatit), filed with the ITA no later than May 31 of the following year. The credit schedule must itemize total qualifying R&D expenses by category, the IIA confirmation reference number, the credit computation (25% or 30% as applicable), the portion applied against the tax liability, and the portion claimed as a cash refund.
Step 4: ITA review and refund issuance. The ITA reviews the credit claim as part of its standard return review. Refunds go out within 90 days of return acceptance for companies with no outstanding tax disputes. Companies subject to an ITA audit hold may experience delays; a formal ITA clearance letter is available for entities with clean compliance records.
