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Income Tax
12 Months Ended
Dec. 31, 2021
Income Tax Disclosure [Abstract]  
Income Tax

10. INCOME TAXES

The components of income (loss) before income tax are as follows (in thousands):

 

 

For the Years Ended December 31,

 

 

 

2021

 

 

2020

 

 

2019

 

United States

 

$

10,028

 

 

$

(45,167

)

 

$

61,374

 

Other countries

 

 

26,082

 

 

 

(46,010

)

 

 

20,620

 

Income (loss) before income tax

 

$

36,110

 

 

$

(91,177

)

 

$

81,994

 

 

 

The components of income tax expense (benefit) are as follows (in thousands):

 

 

For the Years Ended December 31,

 

 

 

2021

 

 

2020

 

 

2019

 

Current:

 

 

 

 

 

 

 

 

 

United States

 

$

1,983

 

 

$

5,181

 

 

$

8,786

 

Other countries

 

 

6,500

 

 

 

11,926

 

 

 

13,267

 

State and provincial

 

 

699

 

 

 

618

 

 

 

(28

)

Total current

 

 

9,182

 

 

 

17,725

 

 

 

22,025

 

Deferred:

 

 

 

 

 

 

 

 

 

United States

 

 

905

 

 

 

(69

)

 

 

(57,250

)

Other countries

 

 

5,630

 

 

 

(11,144

)

 

 

23,558

 

State and provincial

 

 

174

 

 

 

(616

)

 

 

(623

)

Total deferred

 

 

6,709

 

 

 

(11,829

)

 

 

(34,315

)

Income tax expense (benefit)

 

$

15,891

 

 

$

5,896

 

 

$

(12,290

)

 

The differences in income tax expense (benefit) computed using the Netherlands statutory income tax rate of 25% and our income tax expense (benefit) as reported in the accompanying consolidated statements of operations are as follows (in thousands):

 

 

For the Years Ended December 31,

 

 

 

2021

 

 

2020

 

 

2019

 

Tax at the Netherlands income tax rate

 

$

8,981

 

 

$

(23,005

)

 

$

22,895

 

International earnings taxed at rates other than the
   Netherlands statutory rate

 

 

9,403

 

 

 

14,986

 

 

 

(1,343

)

Non-deductible expenses

 

 

1,875

 

 

 

2,977

 

 

 

3,516

 

Change in valuation allowance

 

 

1,113

 

 

 

23

 

 

 

(3,491

)

State and provincial taxes

 

 

462

 

 

 

(227

)

 

 

(825

)

Tax credits

 

 

(7,992

)

 

 

(5,975

)

 

 

(3,893

)

Benefit from corporate restructuring

 

 

 

 

 

 

 

 

(59,336

)

Unremitted earnings of subsidiaries

 

 

1,236

 

 

 

418

 

 

 

26,126

 

Adjustments of prior year taxes

 

 

1,320

 

 

 

545

 

 

 

(1,684

)

Adjustments of income tax reserves

 

 

(1,345

)

 

 

(1,965

)

 

 

1,084

 

Non-deductible goodwill impairment

 

 

 

 

 

15,547

 

 

 

 

Foreign exchange

 

 

(1,168

)

 

 

226

 

 

 

2,014

 

UK tax rate change

 

 

(905

)

 

 

 

 

 

 

Netherlands audit settlement

 

 

1,522

 

 

 

 

 

 

 

Accrued withholding taxes

 

 

1,648

 

 

 

2,092

 

 

 

2,603

 

Other

 

 

(259

)

 

 

254

 

 

 

44

 

Income tax expense (benefit)

 

$

15,891

 

 

$

5,896

 

 

$

(12,290

)

 

 

Deferred tax assets and liabilities result from various temporary differences between the financial statement carrying amount and their tax basis. Deferred tax assets and liabilities are summarized as follows (in thousands):

 

 

December 31,

 

 

 

2021

 

 

2020

 

Deferred tax assets:

 

 

 

 

 

 

Net operating loss carry-forwards

 

$

10,622

 

 

$

13,892

 

Tax credit carry-forwards

 

 

4,658

 

 

 

2,996

 

Accruals for compensation

 

 

7,440

 

 

 

8,587

 

Accruals for inventory capitalization

 

 

3,192

 

 

 

3,445

 

Unrealized benefit from corporate restructuring

 

 

49,313

 

 

 

53,501

 

Intangibles

 

 

582

 

 

 

830

 

Unrealized benefit plan loss

 

 

1,974

 

 

 

2,366

 

Unrealized foreign exchange

 

 

2,853

 

 

 

2,852

 

UK tax rate change

 

 

905

 

 

 

 

Unearned revenue

 

 

1,024

 

 

 

741

 

Other

 

 

3,860

 

 

 

1,989

 

Total deferred tax assets

 

 

86,423

 

 

 

91,199

 

Valuation allowance

 

 

(7,377

)

 

 

(6,264

)

Net deferred tax assets

 

 

79,046

 

 

 

84,935

 

Deferred tax liabilities:

 

 

 

 

 

 

Property, plant and equipment

 

 

(4,139

)

 

 

(4,998

)

Accrued withholding taxes

 

 

(27,544

)

 

 

(26,916

)

Unrealized foreign exchange

 

 

(1,070

)

 

 

(610

)

Other

 

 

(167

)

 

 

(221

)

Total deferred tax liabilities

 

 

(32,920

)

 

 

(32,745

)

Net deferred income taxes

 

$

46,126

 

 

$

52,190

 

 

 

 

December 31,

 

 

 

2021

 

 

2020

 

Long-term deferred tax assets

 

$

70,462

 

 

$

72,775

 

Long-term deferred tax liabilities

 

 

(24,336

)

 

 

(20,585

)

Total deferred tax assets

 

$

46,126

 

 

$

52,190

 

At December 31, 2021, we had tax net operating loss carry-forwards in various tax jurisdictions of $49.3 million. Although we cannot be certain that these operating loss carry-forwards will be utilized, we anticipate that we will have sufficient taxable income in future years to allow us to fully utilize the carry-forwards that are not subject to a valuation allowance. As of December 31, 2021, if unused, $0.5 million will expire between 2022 and 2023, $4.5 million will expire between 2024 and 2026, $6.7 million will expire between 2027 and 2030 and $6.5 million will expire beyond 2030. The remaining balance of $31.1 million is not subject to expiration. During 2021, no material net operating loss carry-forwards, which carried a full valuation allowance, expired unused.

We file income tax returns in the U.S. federal jurisdiction, various states and foreign jurisdictions. We are currently undergoing multiple examinations in various jurisdictions, and the years 2011 through 2020 remain open for examination in various tax jurisdictions in which we operate. The ultimate settlement and timing of these additional tax assessments is uncertain but the Company will continue to vigorously defend its return filing position and does not view the assessments as probable at this time.

During 2021, adjustments were made to estimates for uncertain tax positions in certain tax jurisdictions based upon changes in facts and circumstances, resulting in a reduction to the unrecognized tax benefits. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):

 

 

For the Years Ended December 31,

 

 

 

2021

 

 

2020

 

 

2019

 

Unrecognized tax benefits at January 1,

 

$

6,255

 

 

$

7,301

 

 

$

7,471

 

Tax positions, current period

 

 

204

 

 

 

1,650

 

 

 

495

 

Tax positions, prior period

 

 

(197

)

 

 

(491

)

 

 

(361

)

Settlements with taxing authorities

 

 

(1,395

)

 

 

(2,159

)

 

 

(18

)

Lapse of applicable statute of limitations

 

 

(540

)

 

 

(46

)

 

 

(286

)

Unrecognized tax benefits at December 31,

 

$

4,327

 

 

$

6,255

 

 

$

7,301

 

Our policy is to record accrued interest and penalties on uncertain tax positions, net of any tax effect, as part of total tax expense for the period. The corresponding liability is carried along with the tax exposure as a non-current payable in Other Long-term Liabilities. For the years ended December 31, 2021, 2020 and 2019, we recognized $0.3 million, $(0.9) million and $1.3 million, respectively, in interest and penalties. For the years ended December 31, 2021, 2020 and 2019, we had $4.5 million, $4.2 million and $5.1 million, respectively, accrued for the payment of interest and penalties. Changes in our estimate of unrecognized tax benefits would affect our effective tax rate. As of December 31, 2021, 2020 and 2019 there are $0.6 million, $0.5 million and $0.9 million, respectively, of unrecognized tax benefits that could be resolved within the next twelve months which could have a positive effect on the annual effective tax rate.