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Income Taxes
12 Months Ended
Dec. 31, 2012
Income Taxes [Abstract]  
Income Tax Disclosure [Text Block]
INCOME TAXES

The components of income before income tax expense for 2012, 2011 and 2010 are as follows (in thousands):
 
2012
 
2011
 
2010
 
 
 
 
 
 
 
 
United States
$
135,992

 
$
115,413

 
$
86,985

 
Other countries
152,468

 
123,429

 
122,163

 
Income before income tax expense
$
288,460

 
$
238,842

 
$
209,148

 


The components of income tax expense for 2012, 2011 and 2010 are as follows (in thousands):
 
2012
 
2011
 
2010
Current:
 
 
 
 
 
United States
$
42,934

 
$
43,632

 
$
38,704

Other countries
20,965

 
11,515

 
30,357

State and provincial
4,344

 
5,600

 
4,821

 
68,243

 
60,747

 
73,882

Deferred:
 
 
 
 
 
United States
963

 
(8,905
)
 
(9,699
)
Other countries
2,677

 
2,892

 
100

State and provincial
(35
)
 
(536
)
 
(536
)
Total deferred
3,605

 
(6,549
)
 
(10,135
)
Income tax expense
$
71,848

 
$
54,198

 
$
63,747



The differences in income tax expense computed using The Netherlands statutory income tax rate of 25%, 25% and 25.5% in 2012, 2011 and 2010, respectively, and our income tax expense as reported in the accompanying Consolidated Statements of Operations for 2012, 2011 and 2010 are as follows (in thousands):

 
2012
 
2011
 
2010
 
 
 
 
 
 
Tax at The Netherlands income tax rate
$
72,115

 
$
59,711

 
$
53,333

International earnings taxed at rates other than
The Netherlands statutory rate
(864
)
 
(241
)
 
3,698

Non-deductible expenses
917

 
2,691

 
2,524

Change in valuation allowance
(2,099
)
 
(1,279
)
 
75

State and provincial taxes
2,895

 
3,166

 
2,597

Adjustments of prior year taxes
1,038

 
(17,229
)
 
(389
)
Adjustments of income tax reserves
(4,374
)
 
7,050

 
4,093

Other
2,220

 
329

 
(2,184
)
Income tax expense
$
71,848

 
$
54,198

 
$
63,747



Included in Adjustments of prior year taxes in 2011 is the reversal of $10.4 million in tax liabilities provided over the period 2007-2010 as a result of recently concluded audits of prior year returns. The remainder reflects adjustments between the tax accrual for prior year taxes and the tax liability reported in the filed tax returns.

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 as of December 31, 2012 and 2011 are summarized as follows (in thousands):
 
2012
 
2011
 
Deferred tax assets:
 
 
 
 
Net operating loss carry-forwards
$
5,866

 
$
7,143

 
Tax credit carry-forwards
3,123

 
5,483

 
Reserves
13,497

 
9,804

 
Unrealized benefit plan loss
586

 
1,200

 
Other
5,419

 
9,857

 
 
28,491

 
33,487

 
Valuation allowance
(7,243
)
 
(9,342
)
 
Net deferred tax asset
21,248

 
24,145

 
Deferred tax liabilities:
 
 
 
 
Intangibles
(1,751
)
 
(2,174
)
 
Property, plant and equipment
(5,540
)
 
(3,203
)
 
Other
(3,624
)
 
(4,830
)
 
Total deferred tax liabilities
(10,915
)
 
(10,207
)
 
Net deferred income taxes
$
10,333

 
$
13,938

 
 
 
 
 
 
 
2012
 
2011
 
 
 
 
 
 
Current deferred tax assets
$
8,024

 
$
10,483

 
Current deferred tax liabilities
(4,138
)
 
(4,676
)
 
Long-term deferred tax assets
13,224

 
13,662

 
Long-term deferred tax liabilities
(6,777
)
 
(5,531
)
 
   Total deferred tax assets (liabilities)
$
10,333

 
$
13,938

 


At December 31, 2012, we had tax net operating loss carry-forwards in various tax jurisdictions of approximately $24.7 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, 2012. If unused, those carry-forwards which are subject to expiration may expire during the years 2013 through 2022. At December 31, 2012, we maintained a valuation allowance of $5.5 million on our net operating loss carry-forwards. During 2012, $15 thousand of operating loss carry-forwards which carried a full valuation allowance expired unused.

Our senior exchangeable notes ("Exchangeable Notes") fully matured and were settled in 2011 which resulted in a reversal of the related deferred tax liability of $13.9 million that was established for the difference between the book and tax basis of the Exchangeable Notes.

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 1999 through 2010 remain open for examination in various tax jurisdictions in which we operate.

During 2012, 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):

 
2012
 
2011
 
2010
 
 
 
 
 
 
Unrecognized tax benefits at January 1,
$
14,027

 
$
9,986

 
$
8,324

Tax positions, current period
1,845

 
1,512

 
1,149

Tax positions, prior period
(3,293
)
 
4,959

 
2,181

Settlements with taxing authorities

 

 
(555
)
Lapse of applicable statute of limitations
(2,260
)
 
(2,430
)
 
(1,113
)
  Unrecognized tax benefits at December 31,
$
10,319

 
$
14,027

 
$
9,986



Changes in our estimate of unrecognized tax benefits would affect our effective tax rate.

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, 2012, 2011 and 2010, we had approximately $1.5 million, $3.0 million and $2.9 million, respectively, accrued for the payment of interest and penalties.

During 2012, we recognized tax benefits of $5.2 million relating to tax deductions in excess of book expense for stock-based compensation awards. These tax benefits are recorded to Additional Paid-in Capital to the extent deductions reduce current taxable income as we are able to realize the tax benefits.