Capital gains tax (mas shevach) · appraisal opinion
When the value of unused building rights is not separated from the value of the apartment, the assessment can tax more than it should. Amos Aviv, certified real-estate appraiser, reviews the value components, separates them in a reasoned opinion, and stands with you through the objection.
Capital gains tax is charged on the gain from a property sale, at 25% of the real gain. The amount follows the value set in the assessment, so how the property is valued decides how much tax is actually paid.
25%of the real gain
The home itself. This is the component an exemption may apply to.
Rights that were never built. The law taxes these separately, with no exemption.
When the two are not separated, or are separated without an appraisal behind it, the exemption covers less than it should and the assessment overstates the tax.
A reasoned opinion puts a separate figure on each component: the apartment, and the unused building rights. It rests on comparable transactions, planning data and a visit to the property, and it is the professional basis for every step with the Tax Authority.
The seller's own report of the sale and the tax. An opinion that separates the value components gives it a reasoned basis before the assessor ever reviews it.
Received an assessment? A reasoned objection goes to the tax assessor, within the deadline the law sets.
If the objection is rejected in full or in part, the case can continue to the Appeals Committee. Amos Aviv stays with the file at that stage too.
The deadline for an objection is set by law, so the earlier you act, the better.
We examine the property, the plans that apply to it and the rights not yet built, and find value components that were assessed as if they were part of the apartment.
A properly drawn opinion quantifies the apartment's value and the building rights' value separately, from comparable transactions, planning data and a visit to the property.
The opinion is the professional basis for a reasoned objection, filed within the deadline the law sets.
If the objection is not accepted in full, Amos Aviv stays with the case at the Appeals Committee, alongside the lawyers representing you, through to a decision.
The law recognizes exemptions and different routes, and eligibility depends on how the property's components are valued. These are the main situations reviewed in every file:
Value components included in the assessment as if they were part of the apartment itself. A correct appraisal separation sets what the exemption applies to.
When the conditions the law sets are met, an exemption may apply to the apartment component. Even then, separating the building rights decides exactly what it covers.
Selling an inherited apartment may qualify for an exemption, subject to the law's conditions. An orderly valuation of the estate and the rights attached to it helps claim it properly.
The right time for an opinion is before signing. An early review of the value components lets you plan the deal and the tax within the law.
An appraisal opinion does not promise a reduction. It shows the value and the facts as they are, and every case is examined on its own merits.
Certified real-estate appraiser and real-estate consultant
Amos Aviv handles every file personally: from the first reading of the assessment, through the opinion, to the decision with the Tax Authority. The office is at Naomi Shemer Street 2 in Yavne, and files arrive from every part of the country.
Objectivity before everything. All the facts are presented, even when they do not match expectations.
A tax on the gain, meaning the profit, from selling a right in real estate under the Real Estate Taxation Law, at 25% of the real gain. The amount follows the value set in the assessment, so how the property is valued has a direct effect on the tax.
When a residential apartment is sold with additional building rights attached, the apartment's value and the rights' value are separated. The exemption, where there is one, applies to the apartment component, and the additional rights are taxed separately. Drawing that line is an appraisal question by nature, and it decides how much tax is actually paid.
When the apartment component and the building rights are not separated, or are separated without an appraisal behind it, value components can be classified in a way that raises the tax. Every case is examined on its own merits.
As early as possible. The ideal time is before the sale, as part of tax planning. If an assessment has already arrived, right away, so the objection is filed within the deadline the law sets and on a full professional basis.
No, and no professional can promise that. The opinion shows the value and the facts as they are, all of them, even when they do not match expectations, so your decisions rest on the truth.
The fee depends on the property and the purpose, so there is no flat price. It is set by the type of property (an apartment, a house or an income-producing property), the purpose of the appraisal (self-assessment, objection or tax planning), and the scope of work. The first consultation call is where we understand the need and give you a clear, itemized quote, with no obligation.
Received a capital gains assessment? The deadline for an objection is set by law, so it is worth checking in time. Call Amos Aviv for a short conversation about the file, and hear honestly whether there is something to review.
The information on this page is general and is not an appraisal opinion or legal advice.