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Note 11 - Income Taxes
12 Months Ended
Dec. 31, 2016
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
(
11
)
Income Taxes
 
Income before income taxes consists of the following:
 
 
 
December 31,
 
 
 
2016
 
 
2015
 
 
2014
 
                         
Domestic
  $
91,597
    $
71,323
    $
37,211
 
International
   
35,942
     
18,242
     
8,295
 
Total
  $
127,539
    $
89,565
    $
45,506
 
 
The provision for income taxes consist of the following provisions/(benefits):
 
 
 
December 31,
 
 
 
2016
 
 
2015
 
 
2014
 
Current:
                       
Federal
  $
21,167
    $
2,577
    $
2,572
 
International
   
10,491
     
10,076
     
512
 
Total Current     
31,658
     
12,653
     
3,084
 
Deferred:
                       
Federal
  $
8,350
    $
22,005
    $
(14,965
)
International
   
206
     
(2,269
)    
(746
)
Total Deferred     
8,556
     
19,736
     
(15,711
)
Total Income Tax Expense/ (Benefit)
  $
40,214
    $
32,389
    $
(12,627
)
 
 
The provision/(benefit) for income taxes differs from the statutory federal income tax rate of
35
%
for
2016,
2015
and
2014
as follows:
 
 
 
December 31,
 
 
 
2016
 
 
2015
 
 
2014
 
                         
Income tax provision at U.S federal statutory rate
  $
44,638
    $
31,347
    $
15,927
 
State and local taxes, net of federal income tax benefit
   
(2,310
)    
(2,450
)    
(1,516
)
Effect of foreign income taxed at rates other than the
U.S. federal statutory rate
   
(1,154
)    
989
     
751
 
Foreign income inclusions
   
-
     
5,017
     
2,742
 
Tax credits
   
(200
)    
(4,685
)    
(2,692
)
Tax audit settlements
   
-
     
-
     
(3,948
)
Net change in valuation allowance
   
1,673
     
3,134
     
(25,169
)
Domestic production deduction
   
(2,327
)    
(1,958
)    
(1,488
)
Permanent items and other
   
(106
)    
995
     
2,766
 
Total
  $
40,214
    $
32,389
    $
(12,627
)
 
 
Foreign income inclusions represent distributions from foreign subsidiaries which give rise to newly recognized federal foreign tax credits. Tax audit settlements in
2014
included the final settlement of the European tax dispute concerning
2003
transactions. Net change in the valuation allowance in
2014
included the benefit of
$26,902
for the remaining release of the domestic federal valuation allowance attributable to foreign tax credits, offset by
$1,516
for domestic state items and
$217
for foreign deferred taxes subject to valuation allowances.
 
The components of deferred tax assets and liabilities as of
December
31,
2016
and
2015
relate to temporary differences and carryforwards as follows:
 
 
 
December 31,
 
 
 
2016
 
 
2015
 
Deferred tax assets:
               
Inventory
  $
2,769
    $
3,032
 
Foreign tax credit carryforwards
   
-
     
3,990
 
Environmental
   
5,776
     
2,795
 
Net operating loss carryforwards
   
13,272
     
7,930
 
Employee benefits
   
16,155
     
14,978
 
Alternative minimum tax credit carryforwards
   
-
     
1,306
 
Property, plant and equipment
   
4,448
     
4,188
 
Other
   
7,352
     
6,234
 
Total gross deferred tax assets
   
49,772
     
44,453
 
Valuation allowance
   
(11,459
)    
(9,863
)
Total deferred tax assets
  $
38,313
    $
34,590
 
                 
Deferred tax liabilities:
               
Property, plant and equipment
   
(17,709
)    
(11,472
)
Intangibles and other
   
(10,583
)    
(8,192
)
Unremitted foreign earnings
   
(635
)    
(208
)
Foreign tax allocation reserve
   
(2,471
)    
(2,071
)
Other
   
(775
)    
(1,123
)
Total deferred tax liabilities
  $
(32,173
)   $
(23,066
)
Net deferred tax assets
  $
6,140
    $
11,524
 
                 
Classified as follows in the consolidated balance sheet:
 
 
 
 
 
 
 
 
Non-current deferred tax asset
   
13,061
     
19,259
 
Non-current deferred tax liability
   
(6,921
)    
(7,735
)
Total    $
6,140
    $
11,524
 
 
During
2014,
the Company received updated customer projections that impacted current and future years’ U.S. taxable income in amounts and type that supported full utilization of existing federal foreign tax credit carryforwards. As a result, the Company released
$26,902
of valuation allowance against these foreign tax credits. The Company expects to maintain a domestic valuation allowance against state NOLs, state tax credits and state deferred tax assets due to restrictive rules regarding realization. The Company expects to maintain a valuation allowance against certain foreign deferred tax assets, primarily NOL carryforwards, until such time as the Company attains an appropriate level of future profitability in the appropriate jurisdictions and is able to conclude that it is more likely than not that its foreign deferred tax assets are realizable.
 
The domestic valuation allowance for the years ended
December
31,
2016,
2015
and
2014
increased
$2,294,
increased
$2,450
and decreased
$25,386,
respectively. The
2016
and
2015
increases in the domestic valuation allowance are due to domestic state items. The
2014
decrease in the domestic valuation allowance was allocated as follows: the valuation allowance decreased
$26,902
for the release of valuation allowance due to domestic profitability and increased
$1,516
due to domestic state items.
 
The foreign valuation allowance for the years ended
December
31,
2016,
2015
and
2014
decreased
$698,
decreased
$1,531,
and increased
$1,923,
respectively. The
2016
decrease in the foreign valuation allowance was allocated as follows: the valuation allowance decreased
$621
for foreign income and decreased
$77
for deferred tax amounts and currency translation adjustments included in
other comprehensive income (“OCI”).
The
2015
decrease in the foreign valuation allowance was allocated as follows: the valuation allowance increased
$684
for foreign income and decreased
$2,215
for deferred tax amounts, the reclass of Zenara valuation allowance for assets held for sale into other current liabilities, and currency translation adjustments included in OCI.
The
2014
increase in the foreign valuation allowance was allocated as follows: the valuation allowance increased
$217
for foreign income and increased
$1,706
for deferred tax amounts and currency translation adjustments included in OCI.
 
Under the tax laws of the various jurisdictions in which the Company operates, NOLs
may
be carried forward or back, subject to statutory limitations, to reduce taxable income in future or prior years. Domestic federal NOLs acquired in the PharmaCore stock acquisition are approximately
$11,300
and will expire in
2021
through
2035.
These NOLs can be utilized against U.S. consolidated taxable income, subject to annual limitations due to the ownership change. A full valuation allowance has been recorded against domestic state NOLs totaling approximately
$
98,200
which will expire in
2018
through
2036.
A full valuation allowance has been recorded against foreign NOLs totaling approximately
$
2,431
which in most foreign jurisdictions will carry forward indefinitely.
 
As of
December
31,
2016,
all remaining domestic federal foreign tax credits and alternative minimum tax credits have been utilized against current U.S. income taxes on worldwide income.
 
In
2015
and
2014,
the Company repatriated
$9,850
and
$5,442,
respectively, of cash from its foreign subsidiaries in order to reduce its credit and currency exposure for cash held in foreign currencies or in non-U.S. banks and utilized the excess cash for debt reduction. Due in part to a continuing desire to limit credit and currency exposure related to cash held in foreign currencies or in non-U.S. banks, the Company determined that it is likely that a portion of the undistributed earnings of its foreign subsidiaries will be repatriated to the U.S. in the future. Accordingly, the Company has provided a deferred tax liability of
$635
on certain undistributed foreign earnings as of
December
31,
2016.
Subject to limitations, U.S. income tax on such foreign earnings, when actually repatriated,
may
be reduced or eliminated by unrecognized foreign tax credits that
may
be generated in connection with the repatriation or by existing foreign tax credit carryforwards or other tax attributes. The Company monitors available evidence and its plans for foreign earnings and expects to continue to provide deferred taxes based on the tax liability that would be due upon repatriation of amounts not considered permanently reinvested.
 
The following table summarizes the activity related to the Company’s unrecognized tax benefits as of
December
31,
2016,
2015
and
2014:
 
 
 
2016
 
 
2015
 
 
2014
 
                         
Balance at January 1
  $
1,492
    $
1,643
    $
3,922
 
Gross increases related to current period tax positions
   
687
     
281
     
275
 
Gross decreases related to prior period tax positions
   
(84
)    
(52
)    
(1,149
)
Expirations of statute of limitations for the assessment of taxes
   
(257
)    
(241
)    
(106
)
Settlements
   
-
     
-
     
(1,113
)
Foreign currency translation
   
(60
)    
(139
)    
(186
)
Balance at December 31
  $
1,778
    $
1,492
    $
1,643
 
 
Of the total balance of unrecognized tax benefits at
December
31,
2016,
$1,778,
if recognized, would affect the effective tax rate.
 
Gross interest and penalties at
December
31,
2016,
2015,
and
2014
of
$455,
$475,
and
$489,
respectively, related to the above unrecognized tax benefits are not reflected in the table above. In
2016,
2015,
and
2014,
the Company accrued
$63,
$58,
and
$337,
respectively, of interest and penalties in the income statement. Consistent with prior periods, the Company recognizes interest and penalties within its income tax provision.
 
Tax years
2012
and forward in the U.S. are open to examination by the IRS. The Company is also subject to examinations in its material non-U.S. jurisdictions for
2010
and later years.
 
The Company is also subject to audits in various states for various years in which it has filed income tax returns.  
Previous state audits have resulted in immaterial adjustments.  In the majority of states where the Company files, the Company is subject to examination for tax years
2012
and forward.
 
During the
fourth
quarter of
2014,
the Company entered into a final settlement with a tax authority, without any admission of fault or breach of laws, in order to avoid further litigation concerning intercompany transactions from
2003.
The settlement required the Company to pay
$1,487
in tax and interest during the
fourth
quarter of
2014
in full satisfaction of all liabilities for this matter, and in response the tax authority withdrew all pending litigation and renounced any outstanding claims. The settlement did not impose any penalties on the Company. Therefore, in the
fourth
quarter of
2014
the Company decreased its remaining reserve for unrecognized tax benefits for this matter by
$4,137.