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INCOME TAX
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
INCOME TAX
NOTE 15
 
-
 
INCOME TAX
  A.
Taxes on income included in the statements of income:
 
   
US dollars
 
   
Year ended December 31,
 
(in thousands)
 
2022
   
2021
   
2020
 
Income taxes (tax benefit):
                 
Current taxes:
                 
In Israel
   
9,110
     
4,916
     
5,841
 
Outside Israel
   
4,711
     
6,954
     
4,341
 
     
13,821
     
11,870
     
10,182
 
Deferred taxes:
                       
In Israel
   
(102
)
   
(300
)
   
(553
)
Outside Israel
   
(634
)
   
(143
)
   
(1,605
)
     
(736
)
   
(443
)
   
(2,158
)
Taxes in respect of prior years:
                       
In Israel
   
(457
)
   
341
     
(*)2,751
 
Outside Israel
   
117
     
86
     
81
 
     
(340
)
   
427
     
2,832
 
     
12,745
     
11,854
     
10,856
 
 
  (*)
During November 2020, the Company has received tax assessments from the Israeli tax authority ("ITA") for the years 2016-2018 amounting to approximately NIS 13 million (approximately US$4 million). An amount of approximately NIS 6 million (approximately US$2 million) due to timing differences (this amount was claimed by the Company in its tax filings for the years ended December 31, 2019, 2020 and 2021) related to the deduction of certain expenses for tax purposes. The Company had reached, in November 2020, an agreement with ITA that these amounts will be deducted only during the years 2019-2022. Accordingly, the Company recorded tax expenses in the amount of NIS 9 million (approximately US$3 million) in respect of prior periods, and simultaneously recorded a deferred tax benefit in a similar amount. In addition, the Company was required to pay ITA an amount of NIS 2 million (approximately US$0.6 million) as interest expense. Such amount was recognized as part of financing income, net.
 
  B.
Measurement of results for tax purposes under the Income Tax (Inflationary Adjustments) Law, 1985 (the “Inflationary Adjustment Law”)
 
Until December 31, 2007, the Company and its Israeli subsidiaries reported income for tax purposes in accordance with the provisions of the Inflationary Adjustments Law, whereby taxable income was measured in NIS, adjusted for changes in the Israeli Consumer Price Index ("CPI"). Commencing January 1, 2008, this law became void, and in its place, there are transition provisions, whereby the results of operations for tax purposes are measured on a nominal basis.
 
  C.
The Law for the Encouragement of Capital Investments, 1959 (the "Investment Law")
 
  1.
On December 22, 2016, the Israeli parliament passed the Law for Economic Efficiency (Legislative Amendments for Achieving Budget Objectives in the Budget Years 2017 and 2018) – 2016 (hereinafter – the “Economic Efficiency Law”) and on December 29, 2016, the Law was publicized in the Official Gazette. The Economic Efficiency Law, among other things, reduced the tax rate applicable to a preferred enterprise located in Development Zone A from 9% to 7.5% (the tax rate applicable to a preferred enterprise located in areas other than Development Zone A. remained unchanged at 16%). The Economic Efficiency Law also outlined new benefit tracks for preferred technology enterprises.

 

 
  2.
As of December 31, 2022, one Israeli subsidiary (located in areas other than Development Zone A) is entitled to a "Preferred Company " status pursuant to the investment law and subject to 16% corporate tax rate.
 
  D.
The Law for the Encouragement of Capital Investments, 1959, under the 2016 amendment (the "Investment Law")
 
  1.
In December 2016 new legislation amended the Investments Law (the "2016 amendment"). Under the 2016 amendment a new status of "Technological Preferred Enterprise" was introduced to the Investment Law.
 
Technological Preferred Enterprise – an enterprise which, amongst other condition, is part of a consolidated Company with consolidated revenues of less than NIS 10 billion. A Technological Preferred Enterprise which is located in areas other than Development Zone A will be subject to a tax rate of 12% on profits derived from intellectual property, and a Technological Preferred Enterprise in Development Zone A will be subject to tax rate at a 7.5%.
 
  2.
As of December 31, 2022, two Israeli subsidiaries (located in areas other than Development Zone A) are entitled to a "Technological Preferred Enterprise" status pursuant to the investment (under the 2016 amendment) law and subject to 12% corporate tax rate. Income not eligible for Technological Preferred Enterprise is taxed at the regular corporate tax rate or at the preferred tax rate as mention in Note C1 above, as the case may be.
 
  E.
Israeli corporate tax rates
 
Taxable income of the Company and its Israeli subsidiaries (that are not entitled to special tax rates as described above) is subject to a corporate tax rate of 23% in 2020, 2021 and 2022.
 
  F.
Non-Israeli subsidiaries
 
Non-Israeli subsidiaries are taxed according to the tax laws and rates in their country of residence.
 
  G.
Use of assumptions and judgments
 
The application of income tax law is inherently complex. Laws and regulations in this area are voluminous and can be ambiguous; the Company is, therefore, obliged to make many subjective assumptions and judgments regarding the application of such laws and regulations to its facts and circumstances. In addition, interpretations of and guidance surrounding income tax laws and regulations are subject to changes over time. Any changes in the Company's subjective assumptions and judgments could materially affect amounts recognized in its consolidated balance sheets and statements of income.
 
  H.
Tax assessments
 
The Company and certain Israeli subsidiary have received final tax assessments through the 2018, One of the subsidiaries in Brazil has received final tax assessments through the 2015 tax year. The other subsidiaries have not yet been assessed since incorporation.
 
  I.
Carry forward foreign tax credits and tax losses
 
As of December 31, 2022, there are no losses carried forward that are likely to be used in the near future.

 

  J.
The following is reconciliation between the theoretical tax on pretax income, at the applicable Israeli tax rate, and the tax expense reported in the financial statements:
 
   
US dollars
 
   
Year ended December 31,
 
(in thousands)
 
2022
   
2021
   
2020
 
Pretax income
   
52,830
     
48,968
     
29,039
 
Statutory tax rate
   
23
%
   
23
%
   
23
%
Tax computed at the ordinary tax rate
   
12,151
     
11,263
     
6,679
 
Nondeductible expenses (income)
   
2,123
     
(282
)
   
2,220
 
Losses and timing differences in respect of which no deferred taxes assets were recognized
   
1,742
     
446
     
423
 
Tax adjustment in respect of different tax rates
   
499
     
1,202
     
753
 
Adjustment in respect of tax rate deriving from “approved enterprises”
   
(3,002
)
   
(1,874
)
   
(1,583
)
Tax related to previous years
   
(340
)
   
427
     
2,832
 
Others
   
(428
)
   
672
     
(468
)
     
12,745
     
11,854
     
10,856
 
 
  K.
Summary of deferred taxes
     
   

Composition:

 
   
US dollars
 
   
December 31,
 
(in thousands)
 
2022
   
2021
 
Deferred taxes
           
Provision for vacation, recreation and bad debt
   
560
     
1,697
 
Provision for other employee related obligations
   
1,758
     
1,362
 
Provision for deferred revenues/expenses and other obligations
   
4,207
     
3,963
 
Other temporary differences, net
   
3,341
     
2,117
 
     
9,866
     
9,139
 
 
   
US dollars
 
   
December 31,
 
(in thousands)
 
2022
   
2021
 
             
Deferred income taxes included in long-term investments and other assets
   
11,400
     
11,091
 
Deferred income taxes included in long-term liabilities
   
(1,534
)
   
(1,952
)
     
9,866
     
9,139
 

 

  L.
Income before income taxes is composed as follows:

 

   
US dollars
 
   
Year ended December 31,
 
(in thousands)
 
2022
   
2021
   
2020
 
The Company and its Israeli subsidiaries
   
51,562
     
39,594
     
38,469
 
Non-Israeli subsidiaries
   
1,268
     
9,374
     
(9,430
)
     
52,830
     
48,968
     
29,039