Israel

Crypto Taxation in Israel

Last reviewed: · by TaxProsRated editorial

Key points

Israel's Tax Authority classifies cryptocurrency as an asset, not currency, under Circular 5/2018. Individuals pay 25% capital gains tax on disposals, including crypto-to-crypto swaps. High earners face a 3% surtax above 721,560 ILS annually. Active traders taxed as ordinary business income at marginal rates. A November 2024 draft law proposes codifying these rules into the Income Tax Ordinance.

How does the Israel Tax Authority classify cryptocurrency?

The Israel Tax Authority (ITA) issued Circular 5/2018 on January 17, 2018, formally classifying virtual currencies as an "asset" under the Income Tax Ordinance (New Version), 1961 -- not as currency (ITA Circular 5/2018). This classification is the cornerstone of Israeli crypto taxation. Because cryptocurrency is treated as a capital asset, disposals generate capital gains or losses rather than foreign-currency-exchange gains. Every time a holder sells, exchanges, or otherwise disposes of a digital asset, a taxable event occurs. The ITA confirmed this position applies to token-for-token swaps: exchanging one cryptocurrency for another is treated as disposing of the first asset and acquiring the second at its market value in Israeli shekels on the transaction date.

In November 2024, the ITA and the Ministry of Finance published a memorandum of law proposing to enshrine Circular 5/2018's positions directly in the Income Tax Ordinance, adding a statutory definition of "digital asset" as a "digital representation of value or rights, which can be transferred and stored digitally using distributed ledger technology" and explicitly excluding digital assets from the definition of "foreign currency" (ITA/Ministry of Finance memorandum, November 2024).

What capital gains tax rate applies to crypto disposals?

For individual investors holding cryptocurrency as a capital asset, profits are subject to a flat 25% capital gains tax rate, the same rate that applies to securities acquired after January 1, 2003 (PwC Worldwide Tax Summaries -- Israel, reviewed January 2026). The taxable gain is the difference between the disposal proceeds, converted to Israeli shekels at the transaction date, and the cost basis in shekels at acquisition.

High-income individuals face an additional surtax. The 3% surtax ("mas yesef") applies to total annual taxable income -- including capital gains -- exceeding 721,560 ILS in 2025, producing an effective combined rate of 28% on capital gains above that threshold (PwC Worldwide Tax Summaries -- Israel). Separately, a 2% surtax applies specifically to income from capital sources exceeding the same 721,560 ILS threshold. These two surtax layers can interact depending on the composition of a filer's income; qualified practitioners analyse which applies on a case-by-case basis.

When is an individual treated as a business rather than an investor?

The tax treatment shifts from capital gains to ordinary income when the ITA characterises a person's crypto activity as a business operation. The ITA applies a multi-factor test based on frequency and volume of transactions, the existence of dedicated infrastructure, whether the activity generates the taxpayer's primary livelihood, and the degree of organisation (Freeman Law -- Israel Cryptocurrency Laws and Regulation, 2024). When business classification applies, income is taxed at Israel's progressive marginal rates for individuals -- reaching 47% at 560,280 ILS and 50% above 721,560 ILS -- plus the 3% surtax above the same threshold, for a top effective rate of 53%.

Mining and large-scale staking activity typically fall into the business-income category. The ITA has indicated that mining constitutes business activity requiring registration as a financial institution for VAT purposes, with the 17% Israeli VAT rate applying (ITA Circular 5/2018; confirmed by Crowe Israel analysis). Private investors who neither mine nor trade at commercial scale generally remain in the capital-gains category.

What does the Form 1399 advance-payment requirement mean?

Under Israeli tax procedure, a person who sells or otherwise disposes of a cryptocurrency asset must submit Form 1399 to the ITA within 30 days of the transaction date. Form 1399 records the purchase price, sale price, resulting profit or loss, and the advance tax due. An advance payment of the estimated tax liability accompanies the form (confirmed by multiple Israeli practitioner sources including Dave Wolf and Co. Law Offices, and the Law Offices of Nimrod Yaron).

This 30-day rule differs from the annual-return model used in many jurisdictions and places an ongoing compliance burden on active traders. Annual tax returns are due by April 30 following each calendar tax year. In addition, individuals whose total cryptocurrency holdings exceed 200,000 Israeli shekels carry an annual reporting obligation regardless of whether a disposal occurred during the year (Tax Natives -- Israel crypto tax).

How are losses, staking rewards, and airdrops handled?

Capital losses from cryptocurrency disposals can be offset against capital gains from other cryptocurrency disposals in the same tax year (Nimrod Yaron and Co. -- Taxation of Cryptocurrency). Unused capital losses may be carried forward to offset future capital gains. Losses from capital assets cannot generally be offset against ordinary business income.

Staking and validator rewards are treated as ordinary income at their fair-market-value in Israeli shekels at the time of receipt. The receipt-date value becomes the cost basis; a later disposal of those same coins triggers a separate capital-gains calculation from that basis. Airdrops are handled similarly: the ITA's general position is that receipt constitutes income at fair-market-value, though the precise characterisation can depend on the circumstances of the airdrop (Tax Natives -- Israel crypto tax; Global Legal Insights -- Israel blockchain and cryptocurrency laws 2025).

Key rates at a glance

ItemRate / Threshold
Capital gains tax (individual investor)25%
Capital gains -- substantial shareholder (10%+ stake)30%
Surtax on total income above 721,560 ILS3%
Additional surtax on capital-source income above 721,560 ILS2%
Business / trading income top marginal rate47% (50% above 721,560 ILS)
Effective top marginal rate incl. surtax53%
VAT (business participants and miners)17%
Advance-payment reporting (Form 1399)Within 30 days of each disposal
Annual reporting threshold (holdings)200,000 ILS
Annual return due dateApril 30

Infographic: Israel crypto tax flow

Israel cryptocurrency tax decision flow: asset disposal leads to either 25% capital gains or ordinary income depending on investor vs business classification Crypto disposal (sale, swap, or spend) ITA classification test Investor or business? Capital gains 25% flat (ITA Circular 5/2018) +3% surtax above 721,560 ILS Business income Marginal up to 50% +3% surtax = 53% max Form 1399 within 30 days VAT 17% if miner / trader Investor Business

See also the Israel country overview and the related Israel capital gains tax guide for the broader framework within which these crypto rules sit.

Tax rules change. The information above is sourced from ITA circulars, PwC Worldwide Tax Summaries, and practitioner-verified analyses as of June 2026. A qualified Israeli tax professional can evaluate how these rules apply to a specific situation.

Frequently asked

Does Israel tax crypto-to-crypto swaps?

Yes. The ITA treats every crypto-to-crypto swap as a disposal of the first asset and an acquisition of the second. The gain on the disposed asset -- calculated in Israeli shekels at the swap date minus the sheket-denominated cost basis -- is subject to 25% capital gains tax (or ordinary rates for business traders). Each swap is a separately reportable event requiring Form 1399 within 30 days.

What is the surtax on crypto gains in Israel?

Individuals whose total annual taxable income -- including capital gains -- exceeds 721,560 ILS in 2025 pay an additional 3% surtax. A separate 2% surtax applies on capital-source income above the same threshold. For a high-earning investor the effective capital gains rate becomes 28%; for a high-earning business trader the top marginal rate including surtax reaches 53%.

How are crypto mining and staking rewards taxed in Israel?

Mining and significant-scale staking are generally classified as business income, taxed at progressive marginal rates (up to 50%, plus the 3% surtax). Miners must register as a financial institution for VAT purposes and charge 17% VAT. Receipt of mining or staking rewards triggers income tax at the fair-market-value in Israeli shekels on the date of receipt; that value becomes the cost basis for any future capital-gains calculation on disposal.

What is the Form 1399 requirement and when does it apply?

Israeli law requires anyone who disposes of a cryptocurrency asset to submit Form 1399 to the ITA within 30 days of the disposal. The form records the purchase price, sale price, resulting profit or loss, and an advance tax payment. This per-transaction 30-day rule applies on top of the annual income tax return, which is due by April 30. Individuals holding more than 200,000 Israeli shekels in crypto must also file an annual disclosure even with no disposals.

What does the November 2024 Israeli digital assets draft law change?

The ITA and Ministry of Finance published a draft memorandum in November 2024 proposing to codify the Circular 5/2018 asset-classification into the Income Tax Ordinance itself. The bill explicitly defines "digital asset," excludes it from the "foreign currency" definition, and sets source rules based on the owner's residency at the time of acquisition. Until enacted, Circular 5/2018 and ITA practitioner positions remain the operative authority.

Country overview

Tax in Israel

Important disclaimer

Informational only — not tax advice. This page summarises publicly available information about tax in Israel as of June 2026. Tax laws change, individual circumstances vary, and the application of any rule depends on your specific facts.

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