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Income taxes
 6 Months Ended
Jun. 30, 2024
Income taxes
NOTE 11 – Income taxes:
In the second quarter of 2024, Teva recognized a tax expense of $630 million, on a
pre-tax
loss of $246 million. In the second quarter of 2023, Teva recognized a tax benefit of $16 million, on a
pre-tax
loss of $923 million. Teva’s tax rate for the second quarter of 2024 was mainly affected by an agreement with the Israeli Tax Authorities (“ITA”) as discussed below, and impairments. Teva’s tax rate for the second quarter of 2023 was mainly affected by impairments, legal settlements, amortization, and interest expense disallowances. The
pre-tax
loss in the second quarter of 2023 was revised as discussed in note 1c.
In the first six months of 2024, Teva recognized a tax expense of $578 million, on a
pre-tax
loss of $713 million. In the first six months of 2023, Teva recognized a tax benefit of $35 million, on a
pre-tax
loss of $1,195 million. Teva’s tax rate for the first six months of 2024 was mainly affected by an agreement with the ITA, deferred tax benefits resulting from intellectual property related integration plans, impairments and interest expense disallowances. Teva’s tax rate for the first six months of 2023 was mainly affected by impairments, legal settlements, amortization, and interest expense disallowances. The
pre-tax
loss in the first six months of 2023 was revised as discussed in note 1c.
The statutory Israeli corporate tax rate is 23% in 2024. Teva’s tax rate differs from the Israeli statutory tax rate, mainly due to generation of profits in various jurisdictions in which tax rates are different than the Israeli tax rate, tax benefits in Israel and other countries, as well as infrequent or
non-recurring
items.
Teva filed a claim seeking the refund of withholding taxes paid to the Indian tax authorities in 2012. A trial for this case is currently ongoing. A final and binding decision against Teva in this case may lead to a charge of $126 million.
On June 23, 2024, Teva entered into an agreement with the ITA to settle certain litigation with respect to taxes payable for the Company’s taxable years 2008 through 2020 (the “Agreement”). Pursuant to the terms of the Agreement, the Company will pay a total amount of approximately
$750 
million to the ITA spread over a
 six-year 
period beginning this year. The Company has the right to prepay, and amounts paid over time are subject to interest and increase for inflation. Such total amount
includes: (i) $495 
million in corporate taxes with respect to the Company’s historical earnings that were previously considered by the Company to be exempt from taxes under the Encouragement for Capital Investment Law; and (ii) approximately
$250 
million in corporate taxes, relating to additional disputed tax issues in the aforementioned taxable years. The Agreement resulted in an increase of $506 million in the Company’s total income taxes in the second quarter of 2024, as certain elements had been recognized in previous periods. Additionally, under the terms of the Agreement, it was further agreed that in the future event the Company pays dividends on, or repurchases, its equity interests, the Company will pay an additional 
5%-7%
of the amount of such dividends or repurchases in corporate taxes, up to a maximum tax payment amount of approximately $500 
million. Any amounts due under this provision of the Agreement will be recorded in the future as incurred.
Teva believes it has adequately provided for all of its uncertain tax positions, including items currently under dispute, however, adverse results could be material.
The OECD introduced Base Erosion and Profit Shifting (“BEPS”) Pillar Two rules that impose a global minimum tax rate of 15% for large multinational corporations. On December 12, 2022, the EU Council announced that EU member states had reached an agreement to implement the minimum taxation component of 15% of the OECD’s reform of international taxation. Other countries have also enacted or are expected to enact legislation to be effective as early as January 1, 2024, with general implementation of a global minimum tax by January 1, 2025. Teva has evaluated the potential impact on its 2024 consolidated financial statements and related disclosures and does not expect Pillar Two to have a material impact on its effective tax rate or consolidated financial statements in the foreseeable future.