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Income Taxes
9 Months Ended
Sep. 30, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

14. Income Taxes

Based on the weighting of all available positive and negative evidence, most notably significant negative evidence of three-year cumulative losses and a decline in sales during the third quarter of 2019, which led to a triggering event where goodwill is impaired, we determined that it is appropriate to establish a valuation allowance against the deferred tax assets of PM. The Company considered and weighed positive evidence including our existing backlog and how the backlog might enhance future earnings. However, because the accounting guidance for income taxes considers a projection of future earnings inherently subjective, it does not carry significant weight to overcome the objectively verifiable evidence of cumulative losses in recent years. Although the recognition of the valuation allowance is a non-cash charge of approximately $2.2 million to income tax expense, it did have a negative impact on the net loss for the three and nine months ended September 30, 2019. If these estimates and assumptions change in the future, the Company may be required to reduce its valuation allowance resulting in less income tax expense. The Company evaluates the likelihood of realizing its deferred tax assets quarterly.

 

For the three months ended September 30, 2019, the Company recorded an income tax provision of $1,958, which includes a discrete income tax provision of $2,224. The calculation of the overall income tax provision for the three months ended September 30, 2019 primarily consists of a domestic income tax provision resulting from state and local taxes, foreign income taxes, and a discrete income tax provision related to an increase in the valuation allowance for foreign deferred tax assets, and for the accrual of interest related to unrecognized tax benefits.  For the three months ended September 30, 2018, the Company recorded an income tax provision of $335, which includes a discrete income tax provision of $111 for the accrual of taxes and interest related to unrecognized tax benefits.

  

The effective tax rate for the three months ended September 30, 2019 was an income tax provision of 19.8% on pretax loss of $9,893 compared to an income tax provision of 73.3% on a pretax income of $457 in the comparable prior period. The effective tax rate for the three months ended September 30, 2019 differs from the U.S. statutory rate of 21% primarily due to the mix of domestic and foreign earnings, nondeductible foreign permanent differences, an increase in the valuation allowance for foreign deferred tax assets, domestic losses for which the Company is not recognizing an income tax benefit and for the accrual of interest related to unrecognized tax benefits.       

             

 

For the nine months ended September 30, 2019, the Company recorded an income tax provision of $2,488, which includes a discrete income tax provision of $2,283. The calculation of the overall income tax provision for the nine months ended September 30, 2019 primarily consists of a domestic income tax provision resulting from state and local taxes, foreign income taxes and a discrete income tax provision related to an increase in the valuation allowance for foreign deferred tax assets, and for the accrual of interest related to unrecognized tax benefits.  For the nine months ended September 30, 2018, the Company recorded an income tax provision of $540, which includes a discrete tax provision of $156 for the accrual for taxes and interest related to unrecognized tax benefits.

 

    

The effective tax rate for the nine months ended September 30, 2019 was an income tax provision of 47.7% on pretax loss of $5,217 compared to an income tax provision of 30.2% on a pretax loss of $1,790 in the comparable prior period. The effective tax rate for the nine months ended September 30, 2019 differs from the U.S. statutory rate of 21% primarily due to the mix of domestic and foreign earnings, nondeductible foreign permanent differences, an increase in the valuation allowance for foreign deferred tax assets, domestic losses for which the Company is not recognizing an income tax benefit and for the accrual of interest related to unrecognized tax benefits.

 

     

On December 22, 2017, the Jobs Act was enacted into law. The Company completed its analysis of the Jobs Act for the year ended December 31, 2018. There was no impact on income tax expense in 2018 as a result of the changes to the provisional amounts recorded in the consolidated financial statements for the year-ended December 31, 2017.    

 

 

The Company’s total unrecognized tax benefits as of September 30, 2019 and 2018 were approximately $4.1 million and $1.0 million which would reduce the Company’s effective tax rate if recognized. Included in the unrecognized tax benefits is a liability for the disputed Romania income tax audit assessment for tax years 2012-2016. Depending upon the final resolution of the disputed income tax assessment, the uncertain tax position liability could be higher or lower than the amount recorded at September 30, 2019.  A favorable resolution of an unrecognized tax benefit could be recognized as a reduction in the tax provision and effective rate in the period of resolution. An unfavorable settlement of an unrecognized tax benefit could increase the tax provision and effective tax rate, and may require the use of cash in the period of resolution. It is not reasonably possible estimate the change in unrecognized tax benefits within 12 months of the reporting date.