See also Namdar's book on pages 191-192 on the question of what is a lease for a period exceeding 25 years:
"Accordingly, the courts ruled that a lease agreement in which the lessee has the right to extend the lease period beyond 25 years is a taxable lease agreement. However, a lease agreement whose origin is for a period shorter than this period, or if the lessor has the right to shorten it for a period less than the said period, will not be taxable, even though the parties used to renew the agreement from time to time, and it ultimately continued over a period exceeding 25 years."
- Other Municipality Requests 5925/15 Swirsky Brothers, Registered Partnership v. Tel Aviv Area Real Estate Taxation Administration, the Honorable Justice Y. Danziger on the manner in which the lease period should be examined and the question of whether it exceeds 25 years (paragraph 23 of his judgment):
"... To the conclusion that the protected tenancy is not considered a right to land under the law, an additional explanation can be given: in order for such a right, the essence of which is the receipt of the exclusive possession of the land, to be considered a lease, not only does it derive from a contractual right, but the lease period must extend over a period exceeding 25 years... It is true that the protected tenancy usually extends over an even longer period, and under certain conditions it is even inherited, but there is no guarantee that the right will last for a period of more than 25 years, since, under certain event controls, the legislature permits the owner to demand the eviction of the tenant on various grounds... For the two aforementioned reasons, it can be determined that the protected tenant right is not a right in real estate and its sale will not be subject to betterment tax, but rather to capital gains tax in accordance with the Ordinance" (Aharon Namdar, Real Estate Appreciation Tax, vol. 1, 186-187 (7th edition, 2012))."
In this regard, see also the words of the Honorable Justice Y. Cohen, Other Municipality Applications 340/76 Gard v. Land Appreciation Tax Administration, Civil Case (paragraph 3 of his judgment):