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Israel's Tax Authority explains its stance on classification of SAFE instruments

22 May 2023

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Tax Alerts, Information Reporting, Legis...

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Israel

On 16 May 2023 the Israeli Tax Authority released a statement, outlining the conditions under which investments made using Simple Agreements for Future Equity (SAFE) would be considered a down payment for future issuance of company shares (rather than a loan).Consequently, no tax event would occur upon the issuance of future shares in a company under a SAFE, and there would be no withholding obligations for the issuing company.Investors who utilize SAFE instruments in Israeli technology companies should carefully review the terms of their investment agreements to understand any relevant Israeli tax implications.On 16 May 2023, the Israeli Tax Authority...