Real Estate

Do I pay betterment tax when I receive a larger apartment under TAMA 38 or Pinui-Binui?

The tax outcome depends on which track applies and your specific circumstances. For TAMA 38/1 (reinforcement only), receiving improvements to your existing apartment generally does not trigger immediate betterment tax, though it may affect the tax calculation when you later sell. For TAMA 38/2 (demolition-rebuild), there are Israeli Tax Authority rulings that allow for tax deferral or exemption in many cases. For Pinui-Binui, a statutory exemption from betterment tax under section 49 of the Real Estate Taxation Law is available to qualifying participants — this can be a very large financial benefit for long-held apartments. However, each situation must be assessed individually; obtain a written tax opinion before signing any agreement.

From the full guide: TAMA 38 in Israel: A Complete Legal Guide for Property Owners


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