Tax & Finance

What criminal penalties does Israel impose for failing to file a tax return or under-reporting income?

Israeli tax offenses sit on two levels. Section 216 of the Income Tax Ordinance [New Version] 5721-1961 covers technical failures such as not filing a return, not keeping books, or ignoring a summons, and carries up to one year of imprisonment or a fine. Section 220 covers deliberate evasion, including omitting income, false entries and fraudulent devices, and carries up to seven years. Section 117 of the Value Added Tax Law 5736-1975 creates parallel offenses for VAT. Criminal exposure runs alongside the civil assessment, so the tax, interest and penalties stay payable either way.

The Investigations Division of the Israel Tax Authority builds the file, and the State Attorney’s fiscal department decides whether to indict. The dividing line between the two levels is intent: Section 216 needs only the failure itself, while Section 220 requires proof that the taxpayer acted with intent to evade tax, which is what turns the offense into a felony and raises the ceiling to seven years plus a fine. Israeli courts have imposed actual custodial sentences in significant Section 220 cases rather than fines alone, and a company’s active manager can be charged personally alongside the company. On the civil side, Section 191 of the Ordinance adds a deficiency penalty of 15% where the shortfall was negligent and 30% where it was deliberate.

Foreign nationals most often stumble into this through unreported Israeli rental income, foreign accounts that become reportable once a new immigrant’s ten-year exemption ends, or crypto gains never declared. Israel receives automatic account information from dozens of jurisdictions under the Common Reporting Standard and FATCA, so the assumption that a foreign account is invisible no longer holds. The way out is to come forward before an investigation is opened: a voluntary disclosure to the Israel Tax Authority, when accepted, closes the criminal exposure and converts the matter into a civil settlement of tax, interest and linkage. Once a file has been opened, that route shuts.

⚖ In Practice
  • Governing law: Sections 216 and 220, Income Tax Ordinance [New Version] 5721-1961; Section 117, Value Added Tax Law 5736-1975
  • Competent authority: Israel Tax Authority Investigations Division (Rashut HaMisim, Ma’arach HaChakirot), with prosecution by the State Attorney’s fiscal department
  • Maximum penalties: Up to 1 year under Section 216; up to 7 years plus a fine under Section 220
  • Civil penalty: Deficiency penalty of 15% for negligence or 30% for a deliberate shortfall under Section 191, plus interest and CPI linkage
  • Way out: Voluntary disclosure is available only before the Tax Authority opens an investigation into the taxpayer

From the full guide: Voluntary Disclosure of Foreign Assets in Israel


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