Because, in the absence of a "lease" SubstantialIn any case, a "right in the land" was not even acquired, Therefore, there is also no obligation to pay purchase tax.
- In order to decide the substantive questions underlying the appeals in question, it is necessary to examine the entirety of the legal agreements signed by the appellant and the documents therein, according to which she is obligated, in order to reach the legal and taxation conclusion deriving from this whole, and to determine whether, after winning the "Buyer's Price" tenders, the subject of the appeals, the appellant was granted a substantial lease right, as required by the Real Estate Taxation Law.
- Right in Real Estate According to Real Estate Taxation Law Includes, inter alia, a lease for a period exceeding twenty-five years, including permission to use the land that can be considered as a lease for the said period in terms of its content. The legislature's emphasis in relation to a right of the type of "authorization" that the content of the right is relevant, and not sufficient in its form, shows that this is a substantive definition and not only a technical-formal one, which requires a substantive examination in accordance with the content of the documents and their intertwined and cumulative meaning.
The definition of "lease" in section 1 of the Real Estate Taxation Law includes "a lease, a sub-lease, a lease of any degree, a lease, a sub-lease, and the lease of a lease of any degree, as well as a unique possession right."
However, the Real Estate Taxation Law does not contain a definition of the term "lease" or the term "rent" per se. As noted above, in the chapter dealing with the legal infrastructure, reference should be made to the Real Estate Law for the purpose of defining the terms "rent" and "lease" that are prescribed In section 3 of the Real Estate Law, according to which "Leasing real estate is a right granted in return Possess and use real estate Not permanently; A lease for a period of more than five years will be called a "lease"; A lease for a period of more than twenty-five years will be called a "lease for generations"."