Income Tax Ordinance [New Version]
פקודת מס הכנסה [נוסח חדש]
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
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Chapter III: Deductions, Credits and Children's Allowances
Definitions§
In this Chapter –
"credit point" – an amount of NIS 504 for a tax year, linked to the index as referred to in section 120a, which is offset against the tax for that year;
"pension point" – an amount equal to the amount of a credit point as at its value on the 21st day of Tevet 5757 (31 December 1996), as adjusted in accordance with the provisions of section 120b with respect to a pension point and divided by twelve.
Credit for Resident of Israel§
In computing the tax of an individual who was a resident of Israel in the tax year, two credit points shall be taken into account.
Credit for New Immigrant§
"new immigrant" — a person who holds an immigrant visa or immigrant certificate under the Law of Return, 5710-1950, or who is entitled to such a visa or certificate and holds a visa or temporary residence permit under the Entry into Israel Law, 5712-1952, a returning resident, or a person who belongs to a category of persons whom the Minister of Finance has determined shall be treated as a new immigrant for this purpose, but excluding a person whose Israeli citizenship was revoked pursuant to section 10(d) of the Citizenship Law, 5712-1952;
"returning resident" — an individual who again became a resident of Israel during the period from the 3rd day of Sivan 5770 (16 May 2010) until the 14th day of Tishrei 5773 (30 September 2012), after having been a foreign resident for six consecutive years; for this purpose, a person who holds a returning resident certificate from the Ministry of Immigrant Absorption stating that he was outside Israel for at least six years shall be deemed to have been a foreign resident for six consecutive years.
(Repealed — תשל״ה־2)
Credit for Travel to Place of Earning§
In computing the tax of an individual resident of Israel, ¼ of a credit point shall be taken into account as a travel credit.
Credit for a Woman§
In computing the tax of a woman, ½ of a credit point shall be taken into account.
Credit for a Spouse§
In computing the tax of a beneficiary individual who is a resident of Israel and who has proved, to the satisfaction of the assessing officer, that in the tax year his or her spouse's maintenance was upon him or her, one credit point shall be taken into account; for the purposes of this section, "beneficiary individual" — an individual who, or whose spouse, has reached retirement age, or who, or whose spouse, is blind or disabled within the meaning of section 9(5)(a) or (a1).
Credit for a Working Spouse§
Credit for an Assisting Spouse§
In computing the tax of an individual resident of Israel whose spouse assisted him or her, for at least 24 hours every week within 9 months of the tax year, in earning his or her income from a business or profession, 1½ credit points shall be taken into account if he or she is not entitled to an allowance point under section 40(a), and ¾ of a credit point if he or she is entitled to an allowance point as aforesaid, and for the purpose of a beneficiary individual as defined in section 37 the credit point referred to in that section shall also be taken into account, provided that if he or she is entitled, on account of his or her spouse, also to credits under section 38, the credits under one of the two sections shall be granted, at his or her election.
Credit for a Discharged Soldier§
In computing the tax on the income from personal exertion of a discharged soldier, a fraction of a credit point shall be taken into account for each month of the first thirty-six months following the month in which he or she completed his or her regular service, as set out below:
for this purpose, "discharged soldier" and "regular service" — as defined in the Absorption of Discharged Soldiers Law, 5754-1994.
Credit for Reserve Service as a Combatant§
"combatant" — as defined in army orders, as defined in the Military Justice Law, 5715-1955;
"reserve service" — as defined in the Reserve Service Law, 5768-2008.
Allowance Points and Credit for Children§
"child of one parent" — a child who had not yet reached the age of nineteen in the tax year and one of whose parents died in the tax year or prior thereto, or who is registered in the Population Registry without the particulars of one of the parents;
"toddler" — (deleted)
"year of birth" — the tax year in which the child was born;
"year of majority" — the tax year in which the child reached the age of eighteen.
Credit Point for a Divorcee Who Has Remarried§
In computing the tax of a divorcee who, or whose spouse, pays maintenance to his or her former spouse, and who is married to another spouse, one credit point shall be taken into account.
Credit Point for a Young Person§
In computing the tax of an individual who, or whose spouse, has reached the age of 16 but has not yet reached the age of 18, one credit point shall be taken into account.
Credit Points for an Individual Who Has Completed Studies for an Academic Degree§
"Council Law" — the Council for Higher Education Law, 5718-1958;
"institution of higher education" — as its meaning in the Council Law;
"academic degree" — a recognised degree as its meaning under the Council Law.
Credit Point for an Individual Who Has Completed Vocational Studies§
"vocational studies" — studies for the acquisition of a specific vocation, for a volume of study hours identical to at least 1,700 study hours customary at an institution of higher education, as defined in section 40c;
"vocational certificate" — a certificate granted upon completion of vocational studies, recognised by a government ministry.
Prevention of Duplication§
An individual who meets the conditions prescribed in section 40c and in section 40d shall be entitled to choose whether one credit point or half a credit point, as applicable, under section 40c, or a credit point under section 40d, shall be taken into account in computing his or her tax.
(Repealed — תשס״ה־9)
Spouse Who Was Married for Part of the Year§
A spouse who is not a registered spouse and who was married for part of the tax year shall be entitled, for the purposes of computing the tax for which he or she is liable —
Report to the Knesset§
During the period commencing on the date of commencement of the Economic Efficiency Law (Legislative Amendments for Achieving Budget Targets for the 2019 Budget Year), 5778-2018, the Director General of the Ministry of Finance and the Director shall examine, in consultation with various academic parties, the granting of credit points to the family unit, in accordance with experience accumulated in Israel and worldwide, and shall report their findings to the Finance Committee of the Knesset no later than the 27th day of Sivan 5779 (30 June 2019).
(Repealed — תשנ״ב־6)
(Repealed — תשמ״ד־10)
Credit for Expenses of Maintaining a Relative in an Institution§
In computing the taxable income of an individual who is a resident of Israel, where the individual or their spouse paid in the tax year for the maintenance in a special institution of a child, spouse or parent who is completely paralysed, permanently bedridden, blind or of unsound mind, and also in respect of the maintenance of a child with an intellectual-developmental disability in a special institution, there shall be allowed a tax credit of 35% of that part of the amounts paid that exceeds 12.5% of their taxable income. The Minister of Finance may prescribe by Regulations conditions for entitlement to a tax credit under this Section.
Credit for Dependants§
Credit for Insurance Premiums and Provident Payments§
"life insurance" — insurance against the risk of death of the insured, without a savings component, that does not include survivors' pension payments;
"survivors' pension insurance" — insurance against the risk of death of the insured, without a savings component, that includes survivors' pension payments;
"insured income", "qualifying income" and "preferred member" — as defined in section 47;
"comprehensive pension" — (Repealed)
(Repealed — תש״ן־4)
Donation to a Public Institution§
Overall Ceiling for Tax Benefits for Donations and R&D§
Notwithstanding any law, the total amount in respect of which a credit for donations under section 46 and a deduction for participation in the financing of research and development carried out by another person under section 20a and under the Income Tax Law (Benefits for Investment in Securities the Proceeds of which are Intended for Scientific Research), 5744-1983, shall be allowed in a given tax year, shall not exceed 50% of the taxpayer's taxable income in that year; for this purpose, "taxable income" — before the deduction for participation in research and development.
Credit for Donation — Addition to the Advance Payments Base§
The amount of tax from which a person has been exempted from payment by reason of the credit for donations under section 46 and under any other law shall be added to the amount of tax constituting the basis for the determination of advance payments under section 175.
(Repealed — תשמ״ד־10)
Deduction of Payments for Provident Benefits or a Pension§
Deduction for National Insurance Payments and Parallel Tax§
(Repealed — תש״ן־4)
Fees and Expense Reimbursements Paid to a Pension Adviser Treated as Payments to a Provident Fund§
Credits for Residents of the Area§
The Minister of Finance, with the approval of the Finance Committee of the Knesset, may prescribe by Order that the provisions of sections 34, 36 and 37, all or part thereof, shall apply, with the necessary modifications, also to residents of the Area who are not Israeli citizens, all or some of them, as if they were residents of Israel; for this purpose, "Area", "resident of the Area" and "Israeli citizen" — as defined in section 3a.
Credits for a Foreign Worker§
The Minister of Finance may prescribe that the provisions of this Chapter with respect to credits, all or part thereof, shall not apply to a foreign worker or to classes of foreign workers as the Minister of Finance shall prescribe, or that they shall apply to them partially subject to conditions as the Minister of Finance shall prescribe; for this purpose, "foreign worker" — as defined in the Foreign Workers Law (Prohibition of Unlawful Employment and Assurance of Fair Conditions), 5751-1991, even if such worker is regarded as a resident for the purposes of this Ordinance.
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