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The Central Bottling Co. Coca-Cola Israel , which exclusively markets Coca-Cola products in Israel, has been dealt a major blow and will have to pay hundreds of millions of shekels to the Israel Tax Authority. The Tel Aviv District Court has dismissed appeals filed by the company against the tax assessment issued by the Tax Authority on the Central Bottling Company's tax liability for royalties it paid for using the intellectual property rights of Coca-Cola worldwide. These were payments made to the global Coca-Cola company in the years as part of the exclusive marketing agreements between the companies. The ruling was handed down on August 29 but has been banned from publication until now due to a gag order issued at the request of Coca-Cola Israel. The publication of the main points of the decision was made after a request submitted by 'Globes' to the district court to allow the publication of the main points of the ruling. A gag order remains on the full ruling at this stage. Tax assessment appeals are held as a rule and by law behind closed doors, but the judge has discretion on whether to publish the ruling in full or in part, while taking into account commercial secrets that the petitioner has and which appear in the decision. Orian Eshkoli Yahalom. In the agreements between the Central Bottling Co. However, the court accepted the Tax Authority's view that part of the payments should be classified as consideration for the license to use Coca-Cola's trademarks and intellectual property in marketing Coca-Cola drinks in Israel. The Tax Authority's victory means Coca-Cola Israel will be charged hundreds of millions of shekels in tax for , and another estimated tens of millions of shekels in future taxes every year. In the assessment issued to the company, the Tax Authority claimed that Coca-Cola Israel has developed a 'method' for avoiding tax on payments it was transferring to the international company in the US for 'royalties. After years of discussions with the Tax Authority, the dispute reached the district court, when the Central Bottling Co. The appeals were heard by Judge Magen Altuvia. The dispute revolved around the classification and the obligation to deduct tax at source for payments by Coca-Cola Israel according to exclusive bottling and marketing agreements with the international Coca-Cola company. The assessor classified some of the payments as royalties for use of Coca-Cola's intellectual property rights, which require tax deducted at source. The royalties were transferred by the Israeli company to an authorized factory of the US company in Ireland, without any apparent authority or justification, according to the Tax Authority. Since , the Central Bottling Co. To market and sell the drinks in Israel, the Central Bottling Co. The assessments issued by the Tax Authority uncovered creative tax planning, according to the Authority, which Coca-Cola has been carrying out for decades. According to the agreements, the Israeli company buys extracts from Atlantic Industries, a company incorporated in Ireland, although the Central Bottling Co. The invoices sent to the Israeli company from Ireland show it is a company incorporated in the Cayman Islands. The Tax Authority claimed that as part of the assessment procedure, it became clear that in practice, all of the Central Bottling Co. The tax assessor also determined that the consideration classified as royalties constitutes income from royalties paid by a company resident in Israel, and accordingly was produced in Israel and taxable in Israel subject to tax deducted at source from payments classified as royalties to the Irish branch. Central Bottling Co. It further claimed that preparation and bottling of the drinks using the extracts it bought from an authorized Coca-Cola supplier, are done according to instructions by the international company to ensure that the drinks distributed in Israel will be produced by Coca-Cola only, in accordance with the standards and quality of the global company, 'So it will be identical in quality and taste to the products of the Coca-Cola Group worldwide. According to the Central Bottling Co. It was further argued that if it had purchased the product 'when it is packaged and ready for sale', the transport costs would have been so high that the sale of Coca-Cola drinks would have become financially unprofitable. Therefore, it is claimed, this is not an operation model that is driven by considerations of tax avoidance or reduction, but rather a commercial operation model that has existed for decades. The company also claimed that over the years the Tax Authority had conducted assessment audits and deductions, and the issue of royalties had been examined, and in all those years the assessor accepted its position that it was not a royalty payment, and stated unequivocally that it did not consider part of the payment for the extracts to be royalties for the use of Coca-Cola's intellectual property. It was only in that the tax assessor decided to change its longstanding status and deduct tax at source for the payment of conceptual royalties. The change of position, it is claimed, is arbitrary, has no factual basis and violates the principle of certainty and the company's authority. In the circumstances, the judge ruled that the Central Bottling Co. In view of the conclusion that the company manufactures the drinks in Israel, and not by buying a finished product, the conclusion was that marketing beverages using the reputation and trademarks of Coca-Cola, constitutes an economic asset of considerable power, and requires the payment of royalties for their use. The judge also noted that considering the power relations and strength of Coca-Cola in the soft drink market at least in Israel, it is likely that Coca-Cola was dominant in designing the deal between it and the main company, and in the process knew that in the marketing of the drinks the marketer relied on its reputation, and therefore could have expected that the payments paid to it would be considered partly as payment of royalties. The judge also dismissed Coca-Cola Israel's claim that it relied on the Tax Authority's position for decades by which it should not be taxed for the royalties. The Central Bottling Co said, 'The ruling accepts the Tax Authority position on the tax liability in Israel of international companies known in Israel, through local companies that market their products in Israel, under international brands. Accordingly, it was ruled that local companies are required to deduct this tax at source. It should be noted that this is the first ruling in this dispute between the Tax Authority and international companies and it will be brought to the Supreme Court for a ruling. Published by Globes, Israel business news - en. Court rules against Coca-Cola Israel in huge tax dispute. Ela Levi-Weinrib. The Tel Aviv District Court ruled that Coca-Cola Israel must pay hundreds of millions of shekels tax on royalty payments it hid through creative tax planning.

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