Treaty between Israel and Belgium: Israeli District Court decides domestic anti-avoidance rules may deny treaty benefits

An Israeli District Court rejected an interim request by a tax payer that domestic anti-avoidance rules may prevail over the protection that a double tax treaty offers(Ruling Yanko-Weiss Holdings (1996) Ltd. v. Holon Assessment Officer (No. 5663/07) 30 December 2007).

A company incorporated in Israel in 1996 was registered in Belgium in 1999. Belgium is a tax treaty party to Israel. The company paid taxes in Belgium and it obtained a residency certificate of th…