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Israeli Landowners Face 2.5 Million Shekel Levy After Valuation Error

By עוזי גרסטמן
Translated & summarized from Mako by baba
The story · English

In Hod Hasharon, ten landowners discovered the high cost of correcting a municipal valuation error related to betterment tax payments. The issue began in 2005 when the group signed a land-sharing agreement for an area originally designated for development under an old plan. Between 2006 and 2013, they purchased rights to 160-square-meter units. Subsequent zoning changes significantly increased the land's value, allowing construction of a seven-story building with ten residential units on a 780-square-meter plot.

In August 2023, the landowners received a betterment tax assessment of 122,500 shekels, which only accounted for certain zoning relaxations, stating that payments for two prior plans had already been settled. After paying and obtaining a building permit in March 2024, they were shocked in June 2024 by a new demand for 2,583,840 shekels, reflecting the full betterment tax due to the two zoning plans. The initial assessment was found to be a committee appraiser's error.

The landowners contested the new levy, arguing it was an unlawful reassessment and that they had relied on the original permit and valuation for financing and contracting decisions. They also claimed exemption from the betterment tax, asserting they were not an organized purchasing group but individual rights holders. However, the District Planning and Building Appeals Committee, led by Attorney Maya Ashkenazi, rejected all claims. It ruled the error was a professional mistake in the assessment, not an illegal correction, and noted the error was identified within ten months, well within the recommended three-year limit.

The committee dismissed the reliance argument due to lack of concrete evidence and cited precedent that administrative errors in tax collection offer limited protection. Regarding exemption, the committee found the original 2005 agreement bore all hallmarks of an organized purchasing group, including legal representation, architect involvement, arbitration clauses, and marketing fees. A 2018 follow-up agreement further confirmed this economic unity, denying exemption rights.

Ultimately, the appeal was fully denied without legal cost orders, leaving the ten landowners with a debt exceeding 2.5 million shekels. The case underscores that even good-faith administrative errors do not necessarily exempt taxpayers from financial obligations.

Read the original at Mako
Full coverage · 2 outlets
100% centerFirst: Mako · Aug 4

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