To get out of "Building Society" -
As is known, the Land Association defined in real estate taxes (Praise sale and purchase) all union assets, directly or indirectly, are land rights. However, except for specified exceptions expressly assets, including cash, stocks, bonds, securities and movable property, are not used as secondary to the primary purposes of the association.
Commission income tax and real estate tax exists in oral tradition in relation to conventional ways (and unacceptable) to remove union within the definition of "building society" and turning it into a normal union. This is not a simple interpretation of the claims, and the spring in the law may not find any similarity between the Commission and setting procedures prescribed by law. We decided to table the different situations that can take out the Union within the definition of "building society" and turn it into a normal union, while presenting the position of property tax authorities, the private sector's position and letter of the law.
Receivables
| The Commission's approach: | The existence of the union must not take out the definition Building Society. |
| The Private Sector: | Existence must spend the definition of building society since they are not movable and therefore did not apply a test superstitions. |
| Letter of the Law: | The law must not subscriptions assets issued from the test and therefore the existence takes from the application of the definition. |
| Comments and Rulings: | Ruling Etner recognizes that gender definition must spend Building Society. |
Intellectual Property - Patents, Copyrights, etc.
| The Commission's approach: | No removes from the definition of property association unless the value exceeds 10% of the value of all assets. Sometimes Reputation are taken into account. |
| The Private Sector: | Removes from the definition of building society, because it is not tangible personal property and apply the test Superstitions. |
| Letter of the Law: | No subscriptions, the Assets issued the test (not movable) and therefore spends existence from the scope of the definition. |
| Comments and Rulings: | Position of the Commission is normally not take into account assets that are not listed in the balance sheet, such as reputation gained. |
Business Activity
| The Commission's approach: | May get out from the definition, the value of assets serving the activities of non-land costs about 10% of the total assets. |
| The Private Sector: | From the application spends definition, because there is no question only of land lease or rental. |
| Letter of the Law: | Business activity includes the existence of assets used to generate income and do not handle the purposes of the Union and so excludes from the definition. |
| Comments and Rulings: | No unequivocal ruling. German Etner judgment and increases in business activity takes longer applicable. In our opinion, the judgment should not be interpreted otherwise provided Aais old. |
Real Estate Holding stock
| The Commission's approach: | Does not exclude from the definition. |
| The Private Sector: | From application takes if there is a definition of business activity (as explained in paragraph relation to activity business). |
| Letter of the Law: | See above analysis regarding business activity. |
| Comments and Rulings: | See the above with regard to business activity. |
Real estate abroad
| The Commission's approach: | Do not exclude from the definition. Attorney approach Jordana Sarussi Commission, estate abroad are considered "movable property" for the purposes of the law. |
| The Private Sector: | Exclude from the definition, since they are not considered movable. |
| Letter of the Law: | The definition of "land" is land law in Israel, and therefore removed from the scope of real estate abroad setting. |
| Comments and Rulings: | The issue has not yet examined the case law. |
Rights rental / lease of land in Israel for a period of less than 25 years
| The Commission's approach: | Not yet formulated an official position. |
