NOTE 20

INCOME TAXES

Approved Enterprise Status

Substantially all of Tower's existing facilities and other capital investments have been granted approved enterprise status, as provided by the Investments Law.

Pursuant to the Investments Law and the approval certificates, Tower's income is taxed at a rate of 20% in 2015. The portion of Tower's taxable income that is not attributable to approved enterprise status is taxed at a rate of 26.5% in 2015 (“Regular Company Tax”).

The tax benefits are also conditioned upon fulfillment of the requirements stipulated by the letter of approval regarding Tower's facilities and other capital investments' approved enterprise status (“Ktav Ishur”), as well as by the Investments Law and the regulations promulgated thereunder, as well as the criteria set forth in the certificates of approval. In the event of a failure by Tower to comply with these conditions, the tax benefits could be canceled, in whole or in part, and Tower would be required to refund the amount of the canceled benefits, plus interest and certain inflation adjustments. In the Company's opinion, Tower has been in compliance with the conditions through the approval date of the financial statements; See Note 8B.

The Company's Income Tax Provision is as follows

	Year Ended
	December 31, 2015			December 31, 2014			December 31, 2013
Current tax expense (benefit):
Foreign (*)	$	(8,473	)	$	2,814		$	(534	)
Total current		(8,473	)		2,814			(534	)
Deferred tax benefit:
Foreign		(3,805	)		(27,556	)		(8,854	)
Total deferred		(3,805	)		(27,556	)		(8,854	)
Income tax benefit	$	(12,278	)	$	(24,742	)	$	(9,388	)

(*) Includes changes in unrecognized tax benefit, see D below.

	Year ended
	December 31, 2015			December 31, 2014			December 31, 2013
Profit (loss) before taxes
Domestic	$	(59,797	)	$	78,677		$	(90,497	)
Foreign		18,392			(104,791	)		(26,551	)
Total loss before taxes	$	(41,405	)	$	(26,114	)	$	(117,048	)

Components of Deferred Tax Asset/Liability

The following is a summary of the components of the deferred tax benefit and liability reflected on the balance sheets as of the respective dates:

	As of December 31,
	2015			2014
Net deferred tax benefit - current:
Net operating loss carry forwards	$	797		$	938
Employees benefits and compensation		3,824			5,170
Debt discount		--			1,253
Accruals, reserves and others		5,774			3,809
		10,395			11,170
Valuation allowance		(3,519	)		(3,354	)
Total net current deferred tax benefit	$	6,876		$	7,816

	As of December 31,
	2015			2014
Net deferred tax benefit - long-term
Deferred tax assets:
Net operating loss carry forwards	$	327,924		$	320,954
Employees benefits and compensation		2,164			2,663
Research and development		1,940			1,940
Others		1,814			1,237
		333,842			326,794
Valuation allowance		(304,195	)		(293,670	)
	$	29,647		$	33,124
Deferred tax liability - depreciation and amortization		(51,238	)		(36,611	)
Deferred tax related to gain on acquisition		(44,423	)		(66,722	)
Debt discount		(371	)		(4,200	)
Others		(3,359	)		(869	)
Total net long-term deferred tax liability	$	(69,744	)	$	(75,278	)

Deferred tax asset in the amounts of $6,876 and $7,816 as of December 31, 2015 and 2014, respectively are presented in other current assets.

Deferred tax liability in the amounts of $69,744 and $75,278 as of December 31, 2015 and 2014, respectively, are presented in deferred tax liability.

The Company establishes a valuation allowance for deferred tax assets, when it is unable to conclude that it is more-likely-than-not that such deferred tax assets will be realized. In making this determination, the Company evaluates both positive and negative evidence. Jazz's state deferred tax assets exceed the reversal of taxable temporary differences. Without other significant positive evidence, Jazz has determined that the state deferred tax assets are not more-likely-than-not to be realized and Tower has determined that its deferred tax assets are not more-likely-than-not to be realized during the coming years.

As of December 31, 2015 and 2014, the Company recorded a valuation allowance against its deferred tax assets in the amounts of $307,714 and $297,024, respectively, to offset the related net deferred tax assets, as the Company is unable to conclude that it is more likely than not that such deferred tax assets will be realized.

Unrecognized Tax Benefit

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:

	Unrecognized tax benefits
Balance at January 1, 2015	$	24,961
Additions for tax positions of current year		(623)
Expiration of statute of limitation of prior years		(10,758)
Translation differences		(42	)
Balance at December 31, 2015	$	13,538

	Unrecognized tax benefits
Balance at January 1, 2014	$	25,676
Additions for tax positions of current year		51
Reductions for tax positions of prior year		--
Translation differences		(766	)
Balance at December 31, 2014	$	24,961

	Unrecognized tax benefits
Balance at January 1, 2013	$	27,414
Additions for tax positions of current year		12
Reductions for tax positions of prior year		(371	)
Translation differences		(1,379	)
Balance at December 31, 2013	$	25,676

The statute of limitations with respect to Jazz's tax year 2010 expired in March 2015. As a result, Jazz recorded a tax benefit for such year in the amount of approximately $10,758 in 2015.

The Company accounts for its uncertain tax provisions in accordance with ASC 740. The Company's policy is to recognize interest and penalties that would be assessed in relation to the settlement value of unrecognized tax benefits as a component of income tax expense.

Effective Income Tax Rates

The reconciliation of the statutory tax rate to the effective tax rate is as follows:

	Year ended December 31,
	2015			2014			2013
Tax benefit computed at statutory rates	$	(10,972	)	$	(6,920	)	$	(29,262	)
Effect of different tax rates in different jurisdictions		6,108			(18,453	)		1,408
Gain on acquisition of TPSCo		--			(33,280	)		--
Tax benefits for which deferred taxes were not recorded		11,687			27,757			20,139
Unrecognized tax expense (benefit)		(11,153	)		412			298
Permanent differences and other, net		(7,948	)		5,742			(1,971	)
Income tax benefit	$	(12,278	)	$	(24,742	)	$	(9,388	)

Net Operating Loss Carry forward

On December 31, 2015, Tower had net operating loss carry forwards for tax purposes of approximately 1.5 billion USD, which may be carried forward for an unlimited period of time.

The future utilization of Jazz's net operating loss carry forwards to offset future taxable income is subject to an annual limitation as a result of ownership changes that have occurred. Additional limitations could apply if ownership changes occur in the future. Jazz has had two “change in ownership” events that limit the utilization of net operating loss carry forwards. The first “change in ownership” event occurred in February 2007 upon Jazz Technologies' acquisition of Jazz Semiconductor. The second “change in ownership” event occurred on September 19, 2008, upon Tower's acquisition of Jazz. Jazz concluded that the net operating loss limitation for the change in ownership which occurred in September 2008 will be an annual utilization of approximately $2,100 in its tax return. On December 31, 2015, Jazz had federal net operating loss carry forwards of approximately $28,000 that will begin to expire in 2022, unless previously utilized. On December 31, 2015, Jazz had state net operating loss carry forward of approximately $135,500. The state tax loss carry forward is expected to start expiring from 2015 onwards unless utilized before its expiration.

As of December 31, 2015, TPSCo had operating loss carry forwards of approximately $5,000 which are expected to expire in 2023 unless utilized before its expiration.

Final Tax Assessments

Tower possesses final tax assessments through the year 1998. In addition, the tax assessments for the years 1999-2011 are deemed final.

Jazz and its subsidiaries are subject to U.S. federal income tax as well as income tax in multiple state and foreign jurisdictions.

Jazz is subject to federal income tax rate of 35% and is no longer subject to U.S. federal income tax examinations for 2010 and before, state and local income tax examinations for 2010 and before and foreign income tax examinations for 2011 and before . However, to the extent allowed by law, the tax authorities may have the right to examine prior periods where net operating losses were generated and carried forward, and make adjustments up to the amount of the net operating loss carry forward amount.

TJP was established in June 2011 and does not have final tax assessments

TPSCo, which was established in March 2014, is subject to income tax rate of approximately 33% and 35% for 2015 and 2014 respectively.