What is Voluntary Disclosure?
Voluntary disclosure is a procedure that allows individuals and companies to report to the Tax Authority income or assets that were not reported in the past, and in return – receive protection from criminal proceedings. The procedure is made available from time to time under guidelines published by the Tax Authority.
Who Is It For?
- Holders of unreported foreign bank accounts
- Those who received income from abroad (rent, dividends, capital gains)
- Business owners who did not report certain income
- Those who inherited money or assets abroad
- People holding cryptocurrency who did not report gains
Advantages of the Procedure
- Protection from prosecution: The taxpayer will not be criminally prosecuted for non-reporting.
- Certainty: Settlement with the authority on known terms.
- Peace of mind: An end to exposure to investigations and proceedings.
- Tax planning: Within the procedure it is sometimes possible to plan tax liability optimally.
Stages of the Procedure
Stage 1: Initial consultation
In the first stage, the lawyer conducts a comprehensive review of the client's fiscal situation and estimates the expected tax liability.
Stage 2: Submitting the application
Submission of an anonymous application (without naming the taxpayer) or a regular application (with full details) to the Tax Authority, together with all required documents.
Stage 3: Negotiation
Negotiation with the authority on the amount of tax liability, interest and linkage, and payment terms.
Stage 4: Closing the file
Payment of the agreed tax and receipt of confirmation that the procedure is complete.
Important to Know
- The procedure is only available as long as no investigation has been opened against the taxpayer.
- Full disclosure of all income and assets is required – partial disclosure can disqualify the procedure.
- Representation by an expert lawyer is critical – both legally and from a tax perspective.
Summary
Voluntary disclosure is a real opportunity to settle your position with the Tax Authority on favourable terms and without fear of criminal proceedings. At Adar – Dor we lead complex voluntary disclosure procedures, with extensive experience before the Tax Authority and the courts.