10. INCOME TAXES

Ambac files a consolidated Federal income tax return with its subsidiaries. Ambac and its subsidiaries also file separate or combined income tax returns in various states, local and foreign jurisdictions. The following are the major jurisdictions in which Ambac and its subsidiaries operate and the earliest tax years subject to examination:



Jurisdiction	Tax Year
United States	2010
New York State	2012
New York City	2012
United Kingdom	2012
Italy	2010

As of September 30, 2016 Ambac had loss carryforwards totaling $4,110,272. This includes carryforwards of $88,486 relating to U.S. capital losses and an ordinary U.S. federal net operating tax carryforward of approximately $4,021,786, which, if not utilized, will begin expiring in 2029, and will fully expire in 2032. Ambac's capital losses will begin expiring in 2017 and fully expire in 2018.

The tax effects of temporary differences that give rise to significant portions of the deferred tax liabilities and deferred tax assets at September 30, 2016 and December 31, 2015 are presented below:



	September 30, 2016			December 31, 2015
Deferred tax liabilities:
Insurance intangible	$	358,003		$	424,239
Variable interest entities	51,358			10,053
Investments	168,627			66,278
Unearned premiums and credit fees	91,250			98,945
Unremitted foreign earnings	23,296			—
Other	33,705			34,025
Total deferred tax liabilities	726,239			633,540
Deferred tax assets:
Net operating loss and capital carryforward	1,438,595			1,504,569
Loss reserves	143,401			122,635
Compensation	6,279			2,839
AMT Credits	29,963			27,252
Other	9,912			9,913
Subtotal deferred tax assets	1,628,150			1,667,208
Valuation allowance	903,647			1,035,873
Total deferred tax assets	724,503			631,335
Net deferred tax (liability)	$	(1,736	)	$	(2,205	)

In accordance with the Income Tax Topic of the ASC, a valuation allowance is recognized if, based on the weight of available evidence, it is more-likely-than-not that some, or all, of the deferred tax asset will not be realized. As a result of the risks and uncertainties associated with future operating results, management believes it is more likely than not that the Company will not generate sufficient taxable income to recover the deferred tax operating asset and therefore has a full valuation allowance.

NOL Usage

Pursuant to an intercompany tax sharing agreement, to the extent Ambac Assurance generates taxable income after September 30, 2011, which is offset with "Allocated NOLs" of $3,650,000, it is obligated to make payments (“Tolling Payments”), subject to certain credits, to Ambac in accordance with the following NOL usage table, where the “Applicable Percentage” is applied to the aggregate amount of federal income tax liability that would have been paid if the Allocated NOLs were not available.

NOL Usage Table



NOL Usage Tier	Allocated NOLs			Applicable Percentage
A	The first	$479,000		15%
B	The next	$1,057,000	after Tier A	40%
C	The next	$1,057,000	after Tier B	10%
D	The next	$1,057,000	after Tier C	15%

Any post determination date NOLs generated by Ambac Assurance are utilized prior to any Allocated NOLs for which Tolling Payments will be due. Ambac Assurance has utilized all of its current post determination date NOLs generated from September 30, 2011 through December 31, 2015 and September 30, 2016, generating cumulative taxable income of $877,313 and $1,013,502, respectively. Of the bankruptcy related credits available to offset the first $5,000 of payments due under each of the NOL usage Tiers A, B, and C, Ambac Assurance has fully utilized the combined $10,000 of Tier A and Tier B credits. For the year ended December 31, 2015, Ambac Assurance utilized all of the $479,000 Tier A NOL and $398,313 of the $1,057,000 Tier B NOL resulting in a Tolling Payment, net of applicable credits, of $70,911 that was paid to Ambac on April 29, 2016. For the nine months ended September 30, 2016, Ambac Assurance's utilization of $136,189, including $3,879 related to the filing of the 2015 tax return, of the $1,057,000 allocated Tier B NOL resulted in additional accrued Tolling Payments, net of applicable credits, of $19,066, including $543 related to the filing of the 2015 tax return. The amount due as a result of filing the 2015 tax return was paid on November 1, 2016 and assuming Ambac Assurance's cumulative full year 2016 taxable income does not change, the remainder will be paid to Ambac in April of 2017.

Beginning on the fifth anniversary date subsequent to Ambac's May 1, 2013 emergence from bankruptcy, and subject to Ambac's consent, not to be unreasonably withheld, to the extent Ambac Assurance generates post-determination date income in excess of the $3,650,000 Allocated NOLs, Ambac Assurance may utilize Ambac's then remaining NOLs in exchange for a payment of 25% of the federal income tax liability that Ambac Assurance would have paid had Ambac's NOLs not been available. After Ambac fully utilizes its Allocated NOLs it may utilize Ambac Assurance's then remaining Allocated NOLs in exchange for a payment of 50% of the federal income tax liability that Ambac would have paid had Ambac Assurance's NOL not been available.

As of September 30, 2016, the remaining balance of the $3,650,000 NOL allocated to Ambac Assurance was $2,636,498.

As of September 30, 2016 Ambac's NOL was $1,385,288.