Tax & Finance

How is tax handled in Israel when one spouse is an Israeli tax resident and the other is not?

Residency is tested individually. The definition of an Israeli resident in Section 1 of the Income Tax Ordinance [New Version] 5721-1961 turns on where a person's centre of life sits, so one spouse can be resident while the other is not. The resident spouse is taxed on worldwide income and files an annual return; the non-resident spouse is taxed only on Israeli-source income and is not swept in merely by the marriage. Real estate taxation is the notable exception, where the couple is treated as one family unit.

For income tax the Ordinance assesses a married couple living together on a combined basis, with the income attributed to the registered spouse, and either spouse may elect a separate calculation of their own earned income under Section 66. That machinery assumes both spouses are within the Israeli tax net. Where one is not, the analysis starts earlier: a non-resident is chargeable only on income produced or accrued in Israel, so a foreign salary, a foreign business and foreign investment income of the non-resident spouse stay outside the Israeli base entirely. Centre of life is judged on the facts, including where the family home is, where the children study and where economic interests are held, and having a resident spouse is one of those facts rather than a conclusion.

In practice the resident spouse files, reports worldwide income and claims credit points and foreign tax credits in their own right, while the non-resident spouse appears only if there is Israeli-source income such as rent from an Israeli apartment, Israeli-source dividends or a capital gain on Israeli assets. Two traps recur. Real estate taxation treats spouses and their minor children as a single family unit, so a foreign spouse's overseas or Israeli apartment can remove a purchase tax or betterment tax relief the resident spouse expected. And National Insurance follows its own residency test, which does not always land in the same place as the income tax test. See our guide on how married couples are taxed in Israel.

⚖ In Practice
  • Governing law: Section 1 (definition of Israeli resident) and Sections 65 to 66, Income Tax Ordinance [New Version] 5721-1961
  • Competent authority: Israel Tax Authority (Rashut HaMisim BeYisrael); National Insurance Institute for social insurance residency
  • Filing: the resident spouse files the annual return on Form 1301; the non-resident spouse is reported only for Israeli-source income
  • Family unit: for purchase tax and betterment tax the couple and their minor children count as one unit, which can remove single-apartment reliefs
  • Deadline: the individual annual return is generally due by 30 April following the tax year, with a later date for online filers and extensions through a licensed representative
  • Evidence: keep day-count records, foreign housing and school documents; centre of life is decided on the whole factual picture

From the full guide: How Married Couples Are Taxed in Israel


Related Questions

Related Guides

Need legal help with this topic?
Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

← Browse all Q&A