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Income Tax
12 Months Ended
Dec. 31, 2020
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,

 

 

 

2020

 

 

2019

 

 

2018

 

United States

 

$

(45,167

)

 

$

61,374

 

 

$

61,680

 

Other countries

 

 

(46,010

)

 

 

20,620

 

 

 

43,614

 

Income (loss) before income tax

 

$

(91,177

)

 

$

81,994

 

 

$

105,294

 

 

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

 

 

For the Years Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

United States

 

$

5,181

 

 

$

8,786

 

 

$

13,198

 

Other countries

 

 

11,926

 

 

 

13,267

 

 

 

10,132

 

State and provincial

 

 

618

 

 

 

(28

)

 

 

1,548

 

Total current

 

 

17,725

 

 

 

22,025

 

 

 

24,878

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

United States

 

 

(69

)

 

 

(57,250

)

 

 

(1,340

)

Other countries

 

 

(11,144

)

 

 

23,558

 

 

 

1,909

 

State and provincial

 

 

(616

)

 

 

(623

)

 

 

 

Total deferred

 

 

(11,829

)

 

 

(34,315

)

 

 

569

 

Income tax expense (benefit)

 

$

5,896

 

 

$

(12,290

)

 

$

25,447

 

 

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,

 

 

 

2020

 

 

2019

 

 

2018

 

Tax at the Netherlands income tax rate

 

$

(23,005

)

 

$

22,895

 

 

$

26,189

 

International earnings taxed at rates other than the

   Netherlands statutory rate

 

 

14,986

 

 

 

(1,343

)

 

 

(14,997

)

Non-deductible expenses

 

 

2,977

 

 

 

3,516

 

 

 

4,452

 

Change in valuation allowance

 

 

23

 

 

 

(3,491

)

 

 

1,513

 

State and provincial taxes

 

 

(227

)

 

 

(825

)

 

 

1,566

 

Tax credits

 

 

(5,975

)

 

 

(3,893

)

 

 

(3,939

)

Benefit from corporate restructuring

 

 

 

 

 

(59,336

)

 

 

 

Unremitted earnings of subsidiaries

 

 

418

 

 

 

26,126

 

 

 

 

Adjustments of prior year taxes

 

 

545

 

 

 

(1,684

)

 

 

2,350

 

Adjustments of income tax reserves

 

 

(1,965

)

 

 

1,084

 

 

 

(1,613

)

Non-deductible goodwill impairment

 

 

15,547

 

 

 

 

 

 

 

Foreign exchange

 

 

226

 

 

 

2,014

 

 

 

5,936

 

Accrued withholding taxes

 

 

2,092

 

 

 

2,603

 

 

 

2,911

 

Other

 

 

254

 

 

 

44

 

 

 

1,079

 

Income tax expense (benefit)

 

$

5,896

 

 

$

(12,290

)

 

$

25,447

 

 

 

 

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,

 

 

 

2020

 

 

2019

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating loss carry-forwards

 

$

13,892

 

 

$

7,209

 

Tax credit carry-forwards

 

 

2,996

 

 

 

1,888

 

Accruals for compensation

 

 

8,587

 

 

 

8,240

 

Accruals for inventory capitalization

 

 

3,445

 

 

 

1,788

 

Unrealized benefit from corporate restructuring

 

 

53,501

 

 

 

56,985

 

Intangibles

 

 

830

 

 

 

 

Unrealized benefit plan loss

 

 

2,366

 

 

 

3,740

 

Unrealized foreign exchange

 

 

2,852

 

 

 

3,842

 

Unearned revenue

 

 

741

 

 

 

1,849

 

Other

 

 

1,989

 

 

 

1,839

 

Total deferred tax assets

 

 

91,199

 

 

 

87,380

 

Valuation allowance

 

 

(6,264

)

 

 

(6,241

)

Net deferred tax assets

 

 

84,935

 

 

 

81,139

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Intangibles

 

 

 

 

 

(6,263

)

Property, plant and equipment

 

 

(4,998

)

 

 

(3,546

)

Accrued interest

 

 

 

 

 

(1,679

)

Accrued withholding taxes

 

 

(26,916

)

 

 

(26,718

)

Unrealized foreign exchange

 

 

(610

)

 

 

(2,653

)

Other

 

 

(221

)

 

 

(306

)

Total deferred tax liabilities

 

 

(32,745

)

 

 

(41,165

)

Net deferred income taxes

 

$

52,190

 

 

$

39,974

 

 

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

Long-term deferred tax assets

 

$

72,775

 

 

$

67,312

 

Long-term deferred tax liabilities

 

 

(20,585

)

 

 

(27,338

)

Total deferred tax assets (liabilities)

 

$

52,190

 

 

$

39,974

 

 

At December 31, 2020, we had tax net operating loss carry-forwards in various tax jurisdictions of $62.3 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, 2020, if unused, $11.2 million will expire between 2021 and 2023, $5.2 million will expire between 2024 and 2026, $7.0 million will expire between 2027 and 2030 and $15.9 million will expire beyond 2031. The remaining balance of $23.0 million is not subject to expiration. During 2020, we have no net operating loss carry-forwards, which carried a full valuation allowance, that 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 2009 through 2019 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 2020, 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,

 

 

 

2020

 

 

2019

 

 

2018

 

Unrecognized tax benefits at January 1,

 

$

7,301

 

 

$

7,471

 

 

$

10,124

 

Tax positions, current period

 

 

1,650

 

 

 

495

 

 

 

543

 

Tax positions, prior period

 

 

(491

)

 

 

(361

)

 

 

(304

)

Settlements with taxing authorities

 

 

(2,159

)

 

 

(18

)

 

 

(2,207

)

Lapse of applicable statute of limitations

 

 

(46

)

 

 

(286

)

 

 

(685

)

Unrecognized tax benefits at December 31,

 

$

6,255

 

 

$

7,301

 

 

$

7,471

 

 

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, 2020, 2019 and 2018, we recognized $0.9 million, $1.3 million and $0.6 million, respectively, in interest and penalties. For the years ended December 31, 2020, 2019 and 2018, we had $4.2 million, $5.1 million and $3.9 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, 2020, 2019 and 2018 there are $0.5 million, $0.9 million and $0.6 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.