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INCOME TAXES
12 Months Ended
Dec. 31, 2012
INCOME TAXES [ABSTRACT]  
INCOME TAXES

(11)       INCOME TAXES

The sources of pre-tax accounting income are as follows (amounts in thousands):

   Year Ended December 31,
  2012 2011 2010
Domestic$ (8,336) $ 3,225 $ 19,891
Foreign  82,198   88,329   62,078
 Total$ 73,862 $ 91,554 $ 81,969
          

The components of the Company's (Benefit from) provision for income taxes are as follows (amounts in thousands):

    Year Ended December 31,
   2012 2011 2010
Current (benefit from) provision for        
 Federal$ (2,211) $ (10,371) $ 9,612
 State  (1,013)   297   1,391
 Foreign  809   21,695   20,458
  Total current (benefit from) provision for  (2,415)   11,621   31,461
Deferred (benefit from) provision for        
 Federal  1,215   (838)   (128)
 State  64   (44)   (17)
 Foreign  1,075   2,540   (2,885)
  Total deferred (benefit from) provision for  2,354   1,658   (3,030)
  Total (benefit from) provision for income taxes$ (61) $ 13,279 $ 28,431
           

The following reconciles the Company's effective tax rate to the federal statutory rate (amounts in thousands):

    Year Ended December 31,
   2012 2011 2010
Income tax per U.S. federal statutory rate (35%)$ 25,852 $ 32,044 $ 28,689
 State income taxes, net of federal deduction  (345)   875   2,079
 Change in valuation allowances  (315)   (79)   5,645
 Foreign income taxes at different rates than the U.S.  (24,507)   (18,136)   (12,499)
 Foreign withholding taxes  2,876   2,177   989
 Increase to current/deferred tax assets due to         
  Implementation of tax planning strategies   -    -    (4,910)
 Losses in international markets without tax benefits  4,329   1,094   964
 Nondeductible compensation under Section 162(m)  1,451   2,408   1,002
 Liabilities for uncertain tax positions  (2,988)   1,875   (2,695)
 Permanent difference related to foreign exchange gains  (13)   (45)   (46)
 (Income) losses of foreign branch operations  (4,263)   70   2,340
 Non-taxable earnings of minority interest  (213)   390   (603)
 Foreign dividend less foreign tax credits  (2,935)   (5,294)   5,344
 Increase in deferred tax liability - branch losses in UK  (1,012)   18   2,586
 Decrease (increase) to deferred tax asset - change in tax rate 946   -    (588)
 IRS settlement on prior year refund claims  -    (11,700)   -
 Canada CRA tax decision  -    8,680   -
 State income tax credits and net operating losses  709   -    -
 Other  367   (1,098)   134
Income tax per effective tax rate$ (61) $ 13,279 $ 28,431
           

The Company's deferred income tax assets and liabilities are summarized as follows (amounts in thousands):

    Year Ended December 31,
    2012 2011
Deferred tax assets, gross      
 Accrued workers compensation, deferred compensation      
  and employee benefits $ 5,363 $ 4,720
 Allowance for doubtful accounts, insurance and other accruals   5,787   6,017
 Depreciation and amortization   4,366   8,377
 Amortization of deferred rent liabilities   1,586   1,472
 Net operating losses   21,637   15,932
 Equity compensation   6,174   7,389
 Customer acquisition and deferred revenue accruals   13,542   10,252
 Federal and state tax credits, net   17,545   15,965
 Unrealized losses on derivatives   -    2,679
 Other   13,420   11,284
  Total deferred tax assets, gross   89,420   84,087
 Valuation allowances   (20,909)   (16,555)
  Total deferred tax assets, net   68,511   67,532
Deferred tax liabilities      
 Long-term lease obligations   10   (23)
 Unrealized gains on derivatives   (7,464)   -
 Contract acquisition costs   (7,847)   (6,015)
 Future losses in UK   (3,559)   (4,571)
 Other   (3,423)   (5,349)
  Total deferred tax liabilities   (22,283)   (15,958)
  Net deferred tax assets $ 46,228 $ 51,574
         

Quarterly, the Company assesses the likelihood by jurisdiction that its net deferred tax assets will be recovered. Based on the weight of all available evidence, both positive and negative, the Company records a valuation allowance against deferred tax assets when it is more-likely-than-not that a future tax benefit will not be realized.

As of December 31, 2012 the Company had approximately $25.2 million of net deferred tax assets in the U.S. and $21.0 million of net deferred tax assets related to certain international locations whose recoverability is dependent upon their future profitability. As of December 31, 2012 the deferred tax valuation allowance was $20.9 million and related primarily to tax losses in foreign jurisdictions and U.S. federal and state tax credits which do not meet the “more-likely-than-not” standard under current accounting guidance. The utilization of these state tax credits are subject to numerous factors including various expiration dates, generation of future taxable income over extended periods of time and state income tax apportionment factors which are subject to change.

When there is a change in judgment concerning the recovery of deferred tax assets in future periods, a valuation allowance is recorded into earnings during the quarter in which the change in judgment occurred. In 2012, the Company made adjustments to its deferred tax assets and corresponding valuation allowances. The net increase to the valuation allowance of $4.4 million was due to a $1.2 million decrease in certain state credits and NOLs that do not meet the “more-likely-than-not” standard, a $0.6 million increase in valuation allowance in PRG Turkey for deferred tax assets that do not meet the “more-likely-than-not” standard, a $4.5 million increase in valuation allowance in Spain for deferred tax assets that do not meet the “more-likely-than-not” standard, a $0.3 million increase in the valuation allowance related to certain federal tax credits, and a $0.2 million increase in the valuation allowance in certain other foreign jurisdictions.

 

Activity in the Company's valuation allowance accounts consists of the following (amounts in thousands):

   Year Ended December 31,
  2012 2011 2010
Beginning balance$ 16,555 $ 22,636 $ 20,363
Additions of deferred income tax expense  5,560   1,402   3,661
Reductions of deferred income tax expense  (1,206)   (7,483)   (1,388)
 Ending balance$ 20,909 $ 16,555 $ 22,636
          

On February 20, 2011, the Company received notice of an adverse decision by the Canadian Revenue Agency (“CRA”) in regards to the Company's attempt to recover taxes paid to Canada with respect to the years 2001 and 2002. In 2005, through the Competent Authority process, the Company sought relief under the United States-Canada Income Tax Convention for avoidance of double taxation arising from adjustments to the taxable income originally reported to these jurisdictions. Consistent with accounting for tax positions that no longer meet the recognition criteria, the Company derecognized income tax positions totaling $8.6 million through income tax expense in the first quarter of 2011. The Company continues to believe in the merits of the claim for which it sought relief from double taxation through the Competent Authority process. In response to the February 2011 notice, the Company has filed for Judicial Review in the Federal Court of Canada seeking a writ of mandamus to compel the CRA to accept the Company's application for Competent Authority consideration.

On July 31, 2012 the Company entered into a unilateral Advance Pricing Agreement (“APA”) with the Australian Tax Office (“ATO”) that covers the intercompany transfer price TeleTech Australia will pay affiliates operating in other tax jurisdictions for subcontracted services. The agreement will preclude the ATO from making a transfer pricing adjustment to transactions within the scope of this agreement. This agreement is effective for five years beginning January 1, 2011. During the period January 1, 2011 through June 30, 2012, TeleTech Australia recorded payments for services performed by affiliates outside Australia according to intercompany service agreements in effect at the time and subsequently measured the tax benefit related to these tax positions in accordance with accounting for income tax contingencies. As a result of this APA, during the third quarter of 2012 the Company recognized a benefit of $3.0 million of which $2.0 million had been previously recorded as a contingency for the uncertain tax position. In addition, on September 28, 2012, the Company filed an amended 2010 income tax return in Australia to increase the payment for intercompany services due to the Philippines resulting in an additional tax refund and income tax benefit of $4.6 million. This refund was received during the fourth quarter of 2012. Finally, during the fourth quarter of 2012, the Company entered into a unilateral APA with the New Zealand Inland Revenue office covering similar transactions and time periods. As a result of this agreement, the Company recognized an additional $0.3 million in tax benefit.

As of December 31, 2012, after consideration of all tax loss and tax credit carry back opportunities, the Company had net tax loss carry forwards worldwide expiring as follows (amounts in thousands):

2013 $ 390
2014   4,396
2015   5,723
2016   1,351
After 2016   19,036
No expiration   20,531
 Total $ 51,427
     

As of December 31, 2012, domestically, the Company had federal tax credit carry forwards in the amount of $5.4 million that if unused will expire in 2020, $4.5 million that if unused will expire in 2021 , and $2.0 million that if unused will expire in 2022. The Company also had state tax credit carry-forwards of $3.9 million that if unused will expire between 2013 and 2023.

As of December 31, 2012 the cumulative amount of foreign earnings considered permanently invested outside the U.S. was $307.1 million. Those earnings do not include earnings from certain subsidiaries which the Company intends to repatriate to the U.S. or are otherwise considered available for distribution to the U.S. Accordingly, no provision for U.S. federal or state income taxes or foreign withholding taxes has been provided on these undistributed earnings. If these earnings become taxable in the U.S, the Company would be subject to incremental tax expense, after any applicable foreign tax credit, and foreign withholding tax expense. It is not practicable to estimate the additional taxes that may become payable upon the eventual remittance of these foreign earnings.

The Company has been granted “Tax Holidays” as an incentive to attract foreign investment by the governments of the Philippines and Costa Rica. Generally, a Tax Holiday is an agreement between the Company and a foreign government under which the Company receives certain tax benefits in that country, such as exemption from taxation on profits derived from export-related activities. In the Philippines, the Company has been granted 16 separate agreements with an initial period of four years and additional periods for varying years, expiring at various times between 2011 and 2017. The aggregate effect on income tax expense for the years ended December 31, 2012, 2011 and 2010 was approximately $20.1 million, $14.0 million and $7.6 million, respectively, which had a favorable impact on diluted net income per share of $0.36, $0.25 and $0.13, respectively.

Accounting for Uncertainty in Income Taxes

In accordance with ASC 740, the Company has recorded a reserve for uncertain tax positions. The total amount of interest and penalties recognized in the accompanying Consolidated Statements of Comprehensive Income as of December 31, 2012, 2011 and December 31, 2010 was approximately $40 thousand, $0.1 million and $0.1 million, respectively, and the total amount of interest and penalties recognized in the accompanying Consolidated Balance Sheets as of December 31, 2012 and 2011 was approximately $40 thousand and $0.6 million, respectively.

The Company had a reserve for uncertain tax benefits, on a net basis, of $0.4 million and $3.3 million for the years ended December 31, 2012 and 2011, respectively. The liability for uncertain tax positions was reduced by $2.9 million in 2012 for tax positions that were resolved favorably or expired.

The tabular reconciliation of the reserve for uncertain tax benefits on a gross basis for the year ended December 31, 2012 is presented below (amounts in thousands):

Balance as of December 31, 2009 $ 22,032
 Additions for current year tax positions   28
 Reductions in prior year tax positions   (13,025)
Balance as of December 31, 2010   9,035
 Additions for current year tax positions   2,202
 Reductions in prior year tax positions   (8,502)
Balance as of December 31, 2011   2,735
 Additions for current year tax positions   369
 Reductions in prior year tax positions   (2,746)
Balance as of December 31, 2012 $ 358
     

At December 31, 2012, the amount of uncertain tax benefits that, if recognized, would reduce tax expense was $0.4 million. Within the next 12 months, it is not expected that unrecognized tax benefits will change as the result of the expiration of various statutes of limitation.

The Company and its domestic and foreign subsidiaries (including Percepta LLC and its domestic and foreign subsidiaries) file income tax returns as required in the U.S. federal jurisdiction and various state and foreign jurisdictions. The following table presents the major tax jurisdictions and tax years that are open as of December 31, 2012 and subject to examination by the respective tax authorities:

Tax JurisdictionTax Year Ended
United States2009 to present
Argentina2007 to present
Australia2008 to present
Brazil2007 to present
Canada2005 to present
Mexico2007 to present
Philippines2010 to present
Spain2008 to present
  

The Company's U.S. income tax returns filed for the tax years ending December 31, 2009 to present, remain open tax years subject to IRS audit. The Company has been notified of the intent to audit, or is currently under audit of income taxes in Canada. Although the outcome of examinations by taxing authorities are always uncertain, it is the opinion of management that the resolution of these audits will not have a material effect on the Company's Consolidated Financial Statements.