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19 Iyar 5766 - May 17, 2006 | Mordecai Plaut, director Published Weekly
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NEWS
Capital Gains Tax Appeal

By G. Lazer

According to a newly passed law, taxpayers charged with capital gains taxes may appeal the amount of the tax.

At a recent conference on capital gains, Ran Virnik, chairman of the Land Appraisal Bureau, said appeals can be filed within 90 days from the time the payment notice is received. Until now the law contained no provision to file an appeal other than to present a counter-assessment within 30 days from the time the payment notice was received and to turn to the court — only regarding legal matters — within 45 days.

Another change for the better is that assessed taxpayers will now be able to appeal to the local committee based on legal grounds or to challenge the assessment. The assessed person will be able to ask the local committee to appoint a third assessor to settle disputes over the amount owed.

Speaking at the conference Attorney Malka Engelson said local authorities levy outrageous capital gains taxes on entrepreneurs, including taxes on public facilities, alternative capital gains taxes and overlapping development payments. Then the local committee notifies entrepreneurs that if they do not pay their tax bill they will not receive building permits or TABA will not approve it. She said the Interior Ministry should prohibit local authorities from having entrepreneurs sign away their rights to file claims, which has happened in several cases.

Dozens of lawyers, assessors and real-estate investors, both private and representatives of public corporations, participated in the conference.

 

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