Israel Treasury Considers U.S.-Style QSBS Tax Exemption for High-Tech Entrepreneurs

The Ministry of Finance is considering a full capital gains tax exemption for high-tech entrepreneurs, mirroring the U.S. QSBS model to prevent brain drain and company flight abroad.

Source:Calcalist
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ECONOMY // FINANCIAL FLOW

The Ministry of Finance is expected to recommend a full capital gains tax exemption for high-tech entrepreneurs. The move stems from a desire to prevent high-tech professionals from moving to the United States and to reduce the registration of high-tech companies abroad.

The benefit being examined is expected to resemble the tax incentive currently available in the United States, known as QSBS (Qualified Small Business Stock). In the U.S., the incentive applies to companies with assets under $75 million, allowing individuals who hold stock for five years a full capital gains exemption up to $15 million or ten times their investment.

The American Model and Israeli Reality

Under the U.S. model, a founder or early investor can reap significant tax-free rewards if the company grows exponentially. However, Israeli entrepreneurs currently cannot benefit from QSBS even if they register their companies in the U.S., as Israeli tax residents are subject to local capital gains tax of 25% to 30%.

To enjoy the exemption, Israeli residents would need to sever their residency status before the company's incorporation. The Treasury aims to preempt a potential wave of high-tech emigration driven by regional security concerns and tax advantages abroad.

Deepening Incentives for the Sector

Discussions in the Ministry of Finance also touch upon altering the taxation of employee stock options under Section 102 of the Income Tax Ordinance. While some officials floated raising the tax rate on options from 25% to 30%, experts emphasize that overall strategy remains focused on maintaining Israel's appeal as a startup hub.

Finance Minister Bezalel Smotrich previously stated that increasing taxes on the high-tech sector is a mistake, aligning with professionals who recognize the strategic importance of the industry. If implemented, introducing the QSBS-style exemption alongside potential adjustments to employee options would mark a significant shift toward favoring founders and investors.

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