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Income Taxes
12 Months Ended
Dec. 31, 2013
INCOME TAXES [Abstract]  
INCOME TAXES
 
TABLE OF CONTENTS
 
NU SKIN ENTERPRISES, INC.
Notes to Consolidated Financial Statements

 
13.            Income Taxes

Consolidated income before provision for income taxes consists of the following for the years ended December 31, 2011, 2012 and 2013 (U.S. dollars in thousands):

 
 
2011
  
2012
  
2013
 
 
 
  
  
 
U.S.
 
$
142,929
  
$
259,309
  
$
307,994
 
Foreign
  
83,840
   
85,933
   
248,946
 
Total
 
$
226,769
  
$
345,242
  
$
556,940
 

 
The provision for current and deferred taxes for the years ended December 31, 2011, 2012 and 2013 consists of the following (U.S. dollars in thousands):

 
 
2011
  
2012
  
2013
 
Current
 
  
  
 
Federal
 
$
14,723
  
$
70,727
  
$
84,394
 
State
  
2,245
   
2,425
   
361
 
Foreign
  
56,973
   
45,851
   
148,310
 
 
  
73,941
   
119,003
   
233,065
 
Deferred
            
Federal
  
17,756
   
12,918
   
(5,354
)
State
  
582
   
656
   
551
 
Foreign
  
(18,840
)
  
(8,980
)
  
(36,210
)
 
  
(502
)
  
4,594
   
(41,013
)
Provision for income taxes
 
$
73,439
  
$
123,597
  
$
192,052
 

 
The Company's foreign taxes paid are high relative to foreign operating income and the Company's U.S. taxes paid are low relative to U.S. operating income due largely to the flow of funds among the Company's Subsidiaries around the world.  As payments for services, management fees, license arrangements and royalties are made from the Company's foreign affiliates to its U.S. corporate headquarters, these payments often incur withholding and other forms of tax that are generally creditable for U.S. tax purposes.  Therefore, these payments lead to increased foreign effective tax rates and lower U.S. effective tax rates.  Variations occur in the Company's foreign and U.S. effective tax rates from year to year depending on several factors. These factors include the impact of global transfer prices, the timing and level of remittances from foreign affiliates, profits and losses in various markets, the valuation of deferred tax assets or liabilities, or changes in tax laws, regulations, accounting principles, or interpretations thereof.
 

TABLE OF CONTENTS
 
NU SKIN ENTERPRISES, INC.
Notes to Consolidated Financial Statements

 
The principal components of deferred taxes are as follows (U.S. dollars in thousands):

 
 
Year Ended December 31,
 
 
 
2012
  
2013
 
Deferred tax assets:
 
  
 
Inventory differences
 
$
3,490
  
$
2,927
 
Foreign tax credit and other foreign benefits
  
42,128
   
120,534
 
Stock-based compensation
  
13,772
   
18,132
 
Accrued expenses not deductible until paid
  
45,003
   
88,465
 
Foreign currency exchange
  
10,947
   
13,734
 
Net operating losses
  
10,561
   
10,808
 
Capitalized research and development
  
10,535
   
6,202
 
Other
  
648
   
739
 
Gross deferred tax assets
  
137,084
   
261,541
 
Deferred tax liabilities:
        
Exchange gains and losses
  
7,504
   
9,924
 
Intangibles step-up
  
18,379
   
16,375
 
Amortization of intangibles
  
15,840
   
17,360
 
Foreign outside basis in controlled foreign corporation
  
32,592
   
76,470
 
Other
  
20,867
   
63,409
 
Gross deferred tax liabilities
  
95,182
   
183,538
 
Valuation allowance
  
(10,522
)
  
(10,803
)
Deferred taxes, net
 
$
31,380
  
$
67,200
 

 
At December 31, 2013, the Company had foreign operating loss carryforwards of approximately $49.4 million for tax purposes, which will be available to offset future taxable income.  If not used, $12.6 million of carryforwards will expire between 2014 and 2023, while $36.8 million do not expire. A valuation allowance has been placed on foreign operating loss carryforwards of approximately $41.6 million.

The valuation allowance primarily represents amounts for foreign operating loss carryforwards for which it is more likely than not some portion or all of the deferred tax asset will not be realized. In making such determination, the Company considers all available positive and negative evidence, including future reversals of existing taxable temporary difference, projected future taxable income, tax planning strategies and recent financial operations. When the Company determines that there is sufficient taxable income to utilize the net operating losses, the valuation will be released which would reduce the provision for income taxes.
 

TABLE OF CONTENTS
 
NU SKIN ENTERPRISES, INC.
Notes to Consolidated Financial Statements

 
The components of deferred taxes, net on a jurisdiction basis are as follows (U.S. dollars in thousands):

 
 
Year Ended December 31,
 
 
 
2012
  
2013
 
 
 
  
 
Net current deferred tax assets
 
$
25,420
  
$
75,979
 
Net noncurrent deferred tax assets
  
9,002
   
5,174
 
Total net deferred tax assets
  
34,422
   
81,153
 
 
        
Net current deferred tax liabilities
  
2
   
1
 
Net noncurrent deferred tax liabilities
  
3,040
   
13,952
 
Total net deferred tax liabilities
  
3,042
   
13,953
 
Deferred taxes, net
 
$
31,380
  
$
67,200
 

 
The Company is subject to regular audits by federal, state and foreign tax authorities. These audits may result in proposed assessments that may result in additional tax liabilities.

The actual tax rate for the years ended December 31, 2011, 2012 and 2013 compared to the statutory U.S. Federal tax rate is as follows:

 
Year Ended December 31,
 
2011
 
2012
 
2013
 
 
 
 
 
 
Income taxes at statutory rate
35.00%
 
35.00%
 
35.00%
Indefinitely invested earnings of non-U.S. subsidiaries
 
 
(.76)
Non-deductible expenses
.16
 
.12
 
.12
Extraterritorial income tax credit
(3.39)
 
 
Other
.62
 
.68
 
.12
 
32.39%
 
35.80%
 
34.48%

The lower effective tax rate in 2013 compared to 2012 was primarily attributable to indefinitely invested earnings of non-U.S. Subsidiaries.

The cumulative amount of undistributed earnings of the Company's non-U.S. Subsidiaries held for indefinite reinvestment is approximately $50.0 million at December 31, 2013.  In the event that all non-U.S. undistributed earnings were remitted to the United States, the amount of incremental taxes would be approximately $5.5 million.