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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes

7. Income Taxes

Income (loss) before income tax expense (benefit) consists of the following for the periods shown below (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

United States

 

$

(62,037

)

 

$

(83,432

)

 

$

(132,280

)

International

 

 

(42,694

)

 

 

(46,750

)

 

 

(100,947

)

Total

 

$

(104,731

)

 

$

(130,182

)

 

$

(233,227

)

 

Income tax expense (benefit) consists of the following for the periods shown below (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(30

)

 

$

(30

)

 

$

(132

)

State

 

 

2

 

 

 

(2,863

)

 

 

(16

)

Foreign

 

 

7,178

 

 

 

3,817

 

 

 

2,777

 

Total current tax expense

 

 

7,150

 

 

 

924

 

 

 

2,629

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(2,809

)

 

 

(8,818

)

 

 

(6,888

)

State

 

 

(20

)

 

 

(504

)

 

 

(353

)

Foreign

 

 

(879

)

 

 

(274

)

 

 

(2,715

)

Total deferred tax expense (benefit)

 

 

(3,708

)

 

 

(9,596

)

 

 

(9,956

)

Provision for (benefit from) income taxes

 

$

3,442

 

 

$

(8,672

)

 

$

(7,327

)

 

The reconciliation of federal statutory income tax provision (benefit) to our effective income tax provision is as follows (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

Expected benefit at U.S. federal statutory rate

 

$

(36,656

)

 

$

(45,564

)

 

$

(81,630

)

State income taxes - net of federal benefit

 

 

2

 

 

 

(2,863

)

 

 

(2,681

)

Income taxed at foreign rates

 

 

20,112

 

 

 

18,406

 

 

 

33,417

 

Equity-based compensation

 

 

4,295

 

 

 

1,125

 

 

 

2,865

 

Tax reserve for uncertain tax positions

 

 

2,382

 

 

 

1,827

 

 

 

19

 

Change in valuation allowance

 

 

14,786

 

 

 

17,526

 

 

 

37,202

 

Impact of change in tax rates

 

 

69

 

 

 

(18

)

 

 

25

 

Acquisition costs

 

 

110

 

 

 

650

 

 

 

2,981

 

Contingent consideration

 

 

(2,781

)

 

 

 

 

 

 

Other

 

 

1,123

 

 

 

239

 

 

 

475

 

 

 

$

3,442

 

 

$

(8,672

)

 

$

(7,327

)

 

We have not provided U.S. income taxes and foreign withholding taxes on the undistributed earnings of our profitable foreign subsidiaries as of December 31, 2016 because we intend to permanently reinvest such earnings outside the U.S. If these foreign earnings were to be repatriated in the future, the related U.S. tax liability may be reduced by any foreign income taxes previously paid on these earnings. As of December 31, 2016, the cumulative amount of earnings upon which U.S. income taxes have not been provided is approximately $24.0 million.

Our deferred tax assets (liabilities) are as follows (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2016

 

 

2015

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

53,474

 

 

$

44,551

 

Tax credit carryforwards

 

 

52,564

 

 

 

47,978

 

Acquired intangible assets

 

 

22,714

 

 

 

13,524

 

Equity based compensation

 

 

16,087

 

 

 

24,930

 

Accrued expenses

 

 

8,605

 

 

 

11,593

 

Other accrued compensation

 

 

5,059

 

 

 

1,664

 

Charitable contributions

 

 

4,495

 

 

 

3,930

 

State taxes

 

 

3,168

 

 

 

2,321

 

Deferred revenue

 

 

481

 

 

 

1,309

 

Other

 

 

 

 

 

434

 

Valuation allowance

 

 

(164,907

)

 

 

(151,808

)

Net deferred tax assets

 

$

1,740

 

 

$

426

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Deferred rent

 

 

(69

)

 

 

(675

)

Depreciation

 

 

(7,215

)

 

 

(5,777

)

Other

 

 

(247

)

 

 

 

Net deferred tax liabilities

 

 

(7,531

)

 

 

(6,452

)

Net deferred taxes

 

$

(5,791

)

 

$

(6,026

)

 

Due to our history of net operating losses, we believe it is more likely than not that certain federal, state, and foreign deferred tax assets will not be realized as of December 31, 2016. The valuation allowance as of December 31, 2016 and December 31, 2015 was $164.9 million and $151.8 million, respectively. The increase in valuation allowance for 2016 is primarily related to net operating losses generated and acquired during the current year.

Net operating loss and tax credit carryforwards as of December 31, 2016 are as follows (in thousands):

 

 

 

Amount

 

 

Expiration years

Net operating losses, federal

 

$

427,475

 

 

2027 - 2036

Net operating losses, state

 

 

340,766

 

 

2017 - 2036

Tax credits, federal

 

 

86,116

 

 

2030-2036

Tax credits, state

 

 

78,035

 

 

2019 - indefinite

Net operating losses, foreign

 

 

9,552

 

 

2033 - indefinite

Tax credits, foreign

 

 

548

 

 

indefinite

 

Excess tax benefits associated with stock option exercises and other equity awards are credited to stockholders' equity in the period cash taxes payable is reduced. As of December 31, 2016, the portion of net operating loss carryforwards related to stock awards is $474.7 million, the benefit of which will be credited to additional paid-in capital when realized. The federal and state net operating loss carryforwards are subject to various annual limitations under Section 382 of the Internal Revenue Code and similar state provisions.

The following table reflects changes in the gross unrecognized tax benefits (in thousands):

 

December 31, 2013

 

$

133,491

 

Additions based on tax positions related to 2014

 

 

7,738

 

Additions for tax positions of prior years

 

 

171

 

Reductions for tax positions of prior years

 

 

(511

)

December 31, 2014

 

$

140,889

 

Additions based on tax positions related to 2015

 

 

8,876

 

Additions for tax positions of prior years

 

 

82

 

Reductions for tax positions of prior years

 

 

(2,817

)

Decreases related to settlements of prior year tax positions

 

 

(4,185

)

December 31, 2015

 

$

142,845

 

Additions based on tax positions related to 2016

 

 

9,043

 

Additions for tax positions of prior years

 

 

68

 

Reductions for tax positions of prior years

 

 

(856

)

December 31, 2016

 

$

151,100

 

 

During all years presented, we recognized interest and penalties related to unrecognized tax benefits within the provision for income taxes on the consolidated statements of operations. The amount of interest and penalties accrued as of December 31, 2016 and 2015 was $0.7 million and $0.6 million, respectively.

If the balance of gross unrecognized tax benefits of $151.1 million as of December 31, 2016 was realized in a future period, this would result in a tax benefit of $10.3 million within our provision of income taxes at such time.

We classify uncertain tax positions as non-current income tax liabilities unless expected to be paid within one year or otherwise directly related to an existing deferred tax asset, in which case the uncertain tax position is recorded net of the asset on the balance sheet. As of December 31, 2016, $98.3 million of our gross unrecognized tax benefits were recorded as a reduction of the related deferred tax assets and the remaining $52.8 million of our gross unrecognized tax benefits were recorded as long-term liabilities in our consolidated balance sheets.

We file income tax returns in the U.S. federal jurisdiction as well as many U.S. states and certain foreign jurisdictions. The material jurisdictions in which we are subject to potential examination include the U.S., United Kingdom, and Ireland. We are subject to examination in these jurisdictions for all years since our inception in 2007. Fiscal years outside the normal statute of limitation remain open to audit by tax authorities due to tax attributes generated in those early years which have been carried forward and may be audited in subsequent years when utilized.  We do not expect any material changes to our unrecognized tax benefits within the next twelve months.