NOTE 13: TAXES ON INCOME

a. A number of the Company’s operating subsidiaries are taxed at rates lower than U.S. rates.

1. Irish Subsidiaries

The Irish operating subsidiary qualified for a 12.5% tax rate on its trade. Interest income earned by the Irish subsidiary is taxed at a rate of 25%. As of December 31, 2015, the open tax years, subject to review by the applicable taxing authorities for the Irish subsidiary, are 2010 and subsequent years.

2. Israeli Subsidiary

The Israeli subsidiary has been granted “Approved Enterprise” and “Benefited Enterprise” status under the Israeli Law for the Encouragement of Capital Investments. For such Approved Enterprises and Benefited Enterprises, the Israeli subsidiary elected to apply for alternative tax benefits—the waiver of government grants in return for tax exemptions on undistributed income. Upon distribution of such exempt income, the Israeli subsidiary will be subject to corporate tax at the rate ordinarily applicable to the Approved Enterprise’s or Benefited Enterprise’s income. Such tax exemption on undistributed income applies for a limited period of between two to ten years, depending upon the location of the enterprise. During the remainder of the benefits period (generally until the expiration of ten years), a corporate tax rate not exceeding 25% will apply.

The Israeli subsidiary is a foreign investor company, or FIC, as defined by the Investment Law. FICs are entitled to further reductions in the tax rate normally applicable to Approved Enterprises and Benefited Enterprises. Depending on the foreign ownership in each tax year, the tax rate can range between 10% (when foreign ownership exceeds 90%) to 20% (when foreign ownership exceeds 49%). There can be no assurance that the subsidiary will continue to qualify as an FIC in the future or that the benefits described herein will be granted in the future.

The Company’s Israeli subsidiary’s tax-exempt profit from Approved Enterprises and Benefited Enterprises is permanently reinvested as the Company’s management has determined that the Company does not currently intend to distribute dividends. Therefore, deferred taxes have not been provided for such tax-exempt income. The Company intends to continue to reinvest these profits and does not currently foresee a need to distribute dividends out of such tax-exempt income.

Income not eligible for Approved Enterprise benefits or Benefited Enterprise benefits is taxed at a regular rate, which was 26.5% in 2015, 26.5% in 2014 and 25% in 2013.

On January 4, 2016, the Israeli Parliament (the Knesset) passed a law to reduce the Israeli corporate tax rate from 26.5% to 25% commencing on January 1, 2016.

The Israeli subsidiary elected to compute taxable income in accordance with Income Tax Regulations (Rules for Accounting for Foreign Investors Companies and Certain Partnerships and Setting their Taxable Income), 1986. Accordingly, the taxable income or loss is calculated in U.S. dollars. Applying these regulations reduces the effect of the foreign exchange rate (of NIS against the U.S. dollar) on the Company’s Israeli taxable income.

As of December 31, 2015, the open tax years, subject to review by the applicable taxing authorities for the Israeli subsidiary, are 2011 and subsequent years.

3. French Subsidiaries

The French operating subsidiaries qualified for a 33.33% tax rate on its profits. As of December 31, 2015, the open tax years, subject to review by the applicable taxing authorities for the French subsidiaries, are 2013 and subsequent years.

b. Taxes on income comprised of:


	Year ended December 31,
	2013			2014			2015
Domestic taxes:
Current	$	(37	)	$	7		$	115
Deferred		(1,127	)		2,987			—
Foreign taxes:
Current		2,016			314			2,212
Deferred		(64	)		(456	)		(1,213	)

	$	788		$	2,852		$	1,114


Income (loss) before taxes on income:
Domestic	$	(4,315	)	$	(2,379	)	$	(3,360	)
Foreign		11,788			4,412			10,741

	$	7,473		$	2,033		$	7,381

c. Reconciliation between the Company’s effective tax rate and the U.S. statutory rate:


	Year ended December 31,
	2013			2014			2015
Income before taxes on income	$	7,473		$	2,033		$	7,381

Theoretical tax at U.S. statutory rate		2,541			691			2,510
Foreign income taxes at rates other than U.S. rate		(1,057	)		(489	)		(958	)
Approved and benefited enterprises benefits (*)		(1,553	)		(785	)		(1,653	)
Subpart F		633			394			434
Non-deductible items		433			723			349
Non-taxable items		—			(230	)		(481	)
Decrease in uncertain tax position		(73	)		(920	)		—
Changes in valuation allowance		(111	)		3,356			839
Other, net		(25	)		112			74

Taxes on income	$	788		$	2,852		$	1,114


(*) Basic and diluted earnings per share amounts of the benefit resulting from the “Approved Enterprise” and “Benefited Enterprise” status	$	0.07		$	0.04		$	0.08

d. Deferred taxes on income:

Significant components of the Company’s deferred tax assets are as follows:


	As at December 31,
	2014			2015
Deferred tax assets
Operating loss carryforward	$	8,933		$	9,066
Accrued expenses		706			1,165
Temporary differences related to R&D expenses		922			1,052
Equity-based compensation		2,563			2,625
Tax credit carry forward		800			875
Other		273			529

Total gross deferred tax assets		14,197			15,312
Valuation allowance		(11,930	)		(12,740	)

Net deferred tax assets	$	2,267		$	2,572


Deferred tax liabilities
Intangible assets	$	1,843		$	915
Other		26			29

Total deferred tax liabilities	$	1,869		$	944


Net deferred tax assets (*)	$	398		$	1,628

(*)	Net deferred taxes for the years ended December 31, 2014 and 2015 are all from foreign jurisdictions.

Changes in valuation allowances on deferred tax assets result from management’s assessment of the Company’s ability to utilize certain future tax deductions, operating losses and tax credit carryforwards prior to expiration. Valuation allowances were recorded to reduce deferred tax assets to an amount that will, more likely than not, be realized in the future. The net change in the valuation allowance primarily reflects an increase in deferred tax assets on net operating and other temporary differences for which full valuation allowance is recorded.

The Company does not have a provision for U.S. Federal income taxes on the undistributed earnings of its international subsidiaries because such earnings are considered to be indefinitely reinvested. Determination of the amount of income tax liability that would be incurred is not practical. In addition, the Company operates within multiple taxing jurisdictions involving complex issues, and it has provisions for tax liabilities on investment activities as appropriate.

e. Uncertain tax positions

A reconciliation of the beginning and ending amount of gross unrecognized tax benefits based on the provisions of FASB ASC No. 740 is as follows:


	Year ended December 31,
	2014			2015
Beginning of year	$	3,563		$	2,859
Additions for current year tax positions		216			217
Decrease as a result of a lapse of applicable statute of limitations		(920	)		—

Balance at December 31	$	2,859		$	3,076

As of December 31, 2014 and 2015, there were $2,859 and $3,076, respectively, of unrecognized tax benefits that if recognized would affect the annual effective tax rate. As of December 31, 2014 and 2015, the Company had accrued interest related to unrecognized tax benefits of $39 and $54, respectively. The Company did not accrue penalties during the years ended December 31, 2014 and 2015.

The Company believes that an adequate provision has been made for any adjustments that may result from tax examinations. However, the outcome of tax audits cannot be predicted with certainty. If any issues addressed in the Company’s tax audits are resolved in a manner not consistent with management’s expectations, the Company could be required to adjust its provision for income taxes in the period such resolution occurs. The Company does not expect uncertain tax positions to change significantly over the next 12 months, except in the case of settlements with tax authorities, the likelihood and timing of which are difficult to estimate.

f. Tax loss carryforwards:

As of December 31, 2015, CEVA and its subsidiaries had net operating loss carryforwards for federal income tax purposes of approximately $7,020, which are available to offset future federal taxable income. Of that amount, $5,750 is due to excess tax benefits from stock option exercises. Excess tax benefits related to stock option exercises cannot be recognized until realized through a reduction of current taxes payable. Such loss carryforwards begin to expire in 2030.

As of December 31, 2015, CEVA and its subsidiaries had net operating loss carryforwards for California income tax purposes of approximately $6,913, which are available to offset future California taxable income. Of that amount, $4,512 is due to excess tax benefits from stock option exercises. Excess tax benefits related to stock option exercises cannot be recognized until realized through a reduction of current taxes payable. Such loss carryforwards begin to expire in 2016.

As of December 31, 2015, CEVA’s Irish subsidiary had foreign operating losses of approximately $62,837, which are available to offset future taxable income indefinitely. A full valuation allowance was provided in relation to those carryforward tax losses due to the uncertainty of their utilization in the foreseeable future. As of December 31, 2015, CEVA’s French subsidiaries had foreign operating losses of approximately $1,438, which are available to offset future taxable income indefinitely.

g. Tax returns:

CEVA files income tax returns in the U.S. federal jurisdiction and various state and local jurisdictions. With few exceptions, CEVA is no longer subject to U.S. federal income tax examinations by tax authorities, and state and local income tax examinations, for the years prior to 2011.