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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

Note 12 – Income Taxes  

The table below sets forth our (loss) income before taxes for the years ended December 31:

 

Income (loss) before income taxes

2019

 

 

2018

 

 

2017

 

U.S.

$

73,352

 

 

$

(24,141

)

 

$

(72,668

)

Foreign

 

124,894

 

 

 

174,103

 

 

 

135,259

 

Total

$

198,246

 

 

$

149,962

 

 

$

62,591

 

 

The table below sets forth the components of our income tax provision (benefit) for the years ended December 31:

 

 

2019

 

 

2018

 

 

2017

 

Current tax provision

 

 

 

 

 

 

 

 

 

 

 

Federal

$

259

 

 

$

-

 

 

$

-

 

Foreign

 

28,829

 

 

 

42,726

 

 

 

31,820

 

State

 

92

 

 

 

24

 

 

 

7

 

 

 

29,180

 

 

 

42,750

 

 

 

31,827

 

Deferred tax provision (benefit)

 

 

 

 

 

 

 

 

 

 

 

Federal

 

886

 

 

 

2,400

 

 

 

30,186

 

Foreign

 

11,994

 

 

 

(3,107

)

 

 

(2,352

)

State

 

30

 

 

 

56

 

 

 

(8

)

 

 

12,910

 

 

 

(651

)

 

 

27,826

 

 

 

 

 

 

 

 

 

 

 

 

 

Liability for unrecognized tax benefits

 

2,041

 

 

 

2,457

 

 

 

2,672

 

Total income tax provision

$

44,131

 

 

$

44,556

 

 

$

62,325

 

 

Effective Tax Rate Reconciliation

The table below sets forth a reconciliation between the effective tax rate and the statutory tax rates for the years ended December 31:

 

 

2019

 

 

2018

 

 

2017

 

 

 

 

 

 

Percent

 

 

 

 

 

 

Percent

 

 

 

 

 

 

Percent

 

 

 

 

 

 

of pretax

 

 

 

 

 

 

of pretax

 

 

 

 

 

 

of pretax

 

 

Amount

 

 

earnings*

 

 

Amount

 

 

earnings*

 

 

Amount

 

 

earnings*

 

Federal tax

$

41,632

 

 

 

21.0

 

 

$

31,488

 

 

 

21.0

 

 

$

21,907

 

 

 

35.0

 

State income taxes, net of federal tax

   provision

 

1,389

 

 

 

0.7

 

 

 

(375

)

 

 

(0.3

)

 

 

(15

)

 

 

-

 

Foreign income taxed at lower tax rates

 

(5,786

)

 

 

(2.9

)

 

 

(2,844

)

 

 

(1.9

)

 

 

(23,515

)

 

 

(37.6

)

U.S. tax impact of foreign operations

 

(3,340

)

 

 

(1.7

)

 

 

4,140

 

 

 

2.8

 

 

 

6,726

 

 

 

10.7

 

Foreign withholding taxes

 

22,685

 

 

 

11.4

 

 

 

10,962

 

 

 

7.3

 

 

 

4,343

 

 

 

6.9

 

Research and development

 

(3,686

)

 

 

(1.9

)

 

 

(3,541

)

 

 

(2.4

)

 

 

(2,643

)

 

 

(4.2

)

Liability for unrecognized tax benefits

 

2,041

 

 

 

1.0

 

 

 

2,457

 

 

 

1.6

 

 

 

2,672

 

 

 

4.3

 

Valuation allowance

 

(10,563

)

 

 

(5.3

)

 

 

(379

)

 

 

(0.3

)

 

 

2,077

 

 

 

3.3

 

Employee stock-based compensation

 

(52

)

 

 

(0.0

)

 

 

(2,154

)

 

 

(1.4

)

 

 

1,537

 

 

 

2.5

 

U.S. Tax Cuts and Jobs Act

 

-

 

 

 

-

 

 

 

2,762

 

 

 

1.8

 

 

 

45,908

 

 

 

73.4

 

Other

 

(189

)

 

 

(0.1

)

 

 

2,040

 

 

 

1.4

 

 

 

3,328

 

 

 

5.3

 

Income tax provision

$

44,131

 

 

 

22.3

 

 

$

44,556

 

 

 

29.7

 

 

$

62,325

 

 

 

99.6

 

 

*

The sum of the amounts in the table may not equal to the effective tax rate due to rounding.

Uncertain Tax Positions

In accordance with the provisions related to accounting for uncertainty in income taxes, we recognize the benefit of a tax position if the position is “more likely than not” to prevail upon examination by the relevant tax authority. The table below sets forth a reconciliation of the beginning and ending amount of unrecognized tax benefits:

 

 

2019

 

 

2018

 

 

2017

 

Balance at January 1,

$

32,209

 

 

$

30,581

 

 

$

28,849

 

Additions based on tax positions related to the

   current year

 

9,274

 

 

 

4,667

 

 

 

3,492

 

Additions for prior year tax positions

 

39

 

 

 

-

 

 

 

863

 

Reductions for prior year tax positions

 

(5,870

)

 

 

(3,039

)

 

 

(2,623

)

Balance at December 31,

$

35,652

 

 

$

32,209

 

 

$

30,581

 

 

If the $35.7 million of unrecognized tax benefits as of December 31, 2019, is recognized, approximately $33.5 million would affect the effective tax rate.   It is reasonably possible that the amount of the unrecognized benefit with respect to certain of our unrecognized tax positions will significantly increase or decrease within the next 12 months. These changes may be the result of settlements of ongoing audits or competent authority proceedings. At this time, an estimate of the range of the reasonably possible outcomes cannot be made.

We file income tax returns in the U.S. federal jurisdiction and in various state and foreign jurisdictions. We are no longer subject to U.S. federal income tax examinations by tax authorities for tax years before 2012 or tax year 2015. We are no longer subject to China income tax examinations by tax authorities for tax years before 2009. With respect to state and local jurisdictions and countries outside of the U.S., with limited exceptions, we are no longer subject to income tax audits for years before 2014. Although the outcome of tax audits is always uncertain, we believe that adequate amounts of tax, interest and penalties, if any, have been provided for in our reserve for any adjustments that may result from future tax audits. We recognize accrued interest and penalties, if any, related to unrecognized tax benefits in interest expense. We had an immaterial amount of accrued interest and penalties at December 31, 2019, 2018 and 2017.

Deferred Taxes

The table below sets forth our deferred tax assets and liabilities as of December 31:

 

 

2019

 

 

2018

 

Deferred tax assets

 

 

 

 

 

 

 

Inventory cost

$

10,423

 

 

$

7,974

 

Accrued expenses and accounts receivable

 

4,420

 

 

 

1,866

 

Foreign tax credits

 

5,848

 

 

 

17,600

 

Research and development tax credits

 

16,263

 

 

 

15,456

 

Net operating loss carryforwards

 

24,139

 

 

 

9,635

 

Lease obligations

 

3,773

 

 

 

-

 

Accrued pension

 

4,629

 

 

 

4,294

 

Share based compensation and others

 

7,805

 

 

 

9,972

 

 

 

77,300

 

 

 

66,797

 

Valuation allowances

 

(29,414

)

 

 

(25,941

)

Total deferred tax assets, non-current

 

47,886

 

 

 

40,856

 

Deferred tax liabilities

 

 

 

 

 

 

 

Plant, equipment and intangible assets

 

(13,816

)

 

 

(16,661

)

Right of use assets

 

(4,008

)

 

 

-

 

Outside basis differences and others

 

(23,648

)

 

 

(7,267

)

Total deferred tax liabilities, non-current

 

(41,472

)

 

 

(23,928

)

Net deferred tax assets

$

6,414

 

 

$

16,928

 

ASU No. 2013-11 provides that an entity is required to present an unrecognized tax benefit, or a portion of an unrecognized tax benefit, in the financial statements as a reduction to a deferred tax asset for a net operating loss carryforward, a similar tax loss, or a tax credit carryforward.  The $1.2 million net deferred tax assets presented in the balance sheet as of December 31, 2019, is net of $5.2 million of unrecognized tax benefits.  The $6.4 million and $16.9 million net deferred tax asset presented above for December 31, 2019 and 2018, respectively, is prior to the net balance sheet presentation required by ASU 2013-11.            

At December 31, 2019, we had federal and state tax credit and research credit carryforwards of approximately $14 million and $8 million, respectively, which are available to offset future income tax liabilities. The federal tax credit carryforwards begin to expire in 2023 and the state tax credit carryforwards will begin to expire in 2020. Consistent with prior years, we determined that it is more likely than not that our state research credit carryforwards will expire before they are utilized. During 2019 we determined that it is more likely than not that our federal tax credit carryforwards will be utilized before expiration.  We released the previously recorded valuation allowances as a credit to income tax expense. The valuation allowances recorded against the related deferred tax assets totaled $8 million and $19 million as of December 31, 2019 and 2018, respectively.

At December 31, 2019, we had state net operating loss (“NOL”) carryforwards of approximately $1 million, and foreign NOL carryforwards of $110 million which are available to offset future taxable income. The state NOL carryforward will begin to expire in 2020.  We determined that it is more likely than not that the state NOL carryforwards will expire before they are fully utilized and recorded a full valuation allowance on the related deferred tax assets. The foreign NOL carryforwards will begin to expire in 2020. We determined that it is more likely than not that a portion of the foreign NOL carryforwards will expire before they are fully utilized.  The valuation allowances recorded against the related deferred tax assets totaled $19 million and $7 million as of December 31, 2019 and 2018, respectively.  

Supplemental Information

Our undistributed foreign earnings continue to be indefinitely reinvested in foreign operations, with limited exceptions related to earnings of European and Asian subsidiaries. As of December 31, 2019, we had undistributed earnings from non-U.S. operations of approximately $913 million (including approximately $115 million of restricted earnings, which are not available for dividends). Undistributed earnings of our China subsidiaries comprise $425 million of this total.  Additional Chinese withholding taxes of approximately $46 million would be required should the $425 million of such earnings be distributed out of China as dividends.

The impact of tax holidays decreased our tax expense by approximately $3.1 million, $1.6 million and $3.7 million for the years ended December 31, 2019, 2018 and 2017, respectively. The benefit of the tax holidays on basic and diluted earnings per share was $0.06, $0.03 and $0.08 for the twelve months ended December 31, 2019, 2018 and 2017, respectively.