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INCOME TAXES
12 Months Ended
Dec. 31, 2014
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES
The components of income (loss) before income taxes are as follows:
 
 
Years Ended
 
 
December 31, 2014
 
December 31, 2013
 
December 31, 2012
 
 
(in thousands)
U.S. 
 
$
3,375

 
$
25,648

 
$
(19,956
)
Foreign
 
53,851

 
(26,161
)
 
62,194

Income (loss) before income taxes
 
$
57,226

 
$
(513
)
 
$
42,238


The provision for income taxes consists of the following:
 
 
 
 
Years Ended
 
 
 
 
December 31, 2014
 
December 31, 2013
 
December 31, 2012
 
 
 
 
(in thousands)
Federal
 
Current
 
$
(4,739
)
 
$
4,805

 
$
10,378

 
 
Deferred
 
10,013

 
(10,220
)
 
4,501

State
 
Current
 
241

 
35

 
(5
)
 
 
Deferred
 
2,522

 
(124
)
 
(494
)
Foreign
 
Current
 
8,009

 
25,362

 
3,757

 
 
Deferred
 
5,972

 
1,684

 
(6,344
)
Provision for income taxes
 
 
 
$
22,018

 
$
21,542

 
$
11,793


The Company's effective tax rate differs from the U.S. Federal statutory income tax rate as follows:
 
 
Years Ended
 
 
December 31, 2014
 
December 31, 2013
 
December 31, 2012
U.S. Federal statutory income tax rate
 
35.00
 %
 
35.00
 %
 
35.00
 %
State tax
 
2.85

 
3.56

 
(0.23
)
Effect of foreign operations
 
2.13

 
(3,979.63
)
 
(2.55
)
Recognition of tax credits
 
(5.27
)
 
875.54

 
(10.04
)
Change of valuation allowance
 
(2.14
)
 
(295.93
)
 
1.04

Audit settlements and IRS refunds
 
1.06

 
(828.85
)
 

Other, net (1)
 
4.82

 
(4.15
)
 
4.70

Effective tax provision rate
 
38.45
 %
 
(4,194.46
)%
 
27.92
 %


(1)
Other included items such as permanent differences, return to provision true up, unrecognized tax benefit, and nondeductible stock compensation.
Deferred income taxes
The tax effects of temporary differences that constitute significant portions of the deferred tax assets and deferred tax liabilities are presented below:
    
 
 
December 31, 2014
 
December 31, 2013
 
 
(in thousands)
Deferred income tax assets:
 
 
 
 
  Net operating losses
 
$
37,634

 
$
46,723

  Research and development, foreign tax and other tax credits
 
55,408

 
75,770

  Accrued liabilities
 
37,380

 
30,599

  Fixed assets
 
54,348

 
46,109

  Intangible assets
 
11,977

 
10,555

  Deferred income
 
10,319

 
5,261

  Share-based compensation
 
3,291

 
5,889

  Unrealized foreign exchange translation
 
2,424

 
1,109

  Other
 
2,363

 
970

      Total deferred income tax assets
 
215,144

 
222,985

Deferred income tax liabilities:
 
 
 
 
  Foreign losses subject to recapture
 
(12,164
)
 
(12,054
)
      Total deferred tax liabilities
 
(12,164
)
 
(12,054
)
Less valuation allowance
 
(40,372
)
 
(41,321
)
      Net deferred income tax assets
 
$
162,608

 
$
169,610

Reported as:
 
 
 
 
      Current deferred tax assets(1)
 
$
45,518

 
$
35,493

      Current deferred tax liabilities(2)
 
(182
)
 
(208
)
      Non-current deferred tax assets(3)
 
117,278

 
134,365

      Non-current deferred tax liabilities(4)
 
(6
)
 
(40
)
Net deferred income tax assets
 
$
162,608

 
$
169,610

_________________________________________
(1)
Included within Prepaids and other current assets on the consolidated balance sheets.
(2)
Included within Accrued and other liabilities on the consolidated balance sheets.
(3)
Included within Other assets on the consolidated balance sheets.
(4)
Included within Other long-term liabilities on the consolidated balance sheets.
The valuation allowance is based on our assessment that it is more likely than not that the tax benefit of certain deferred tax assets will not be realized in the foreseeable future. The Company has provided allowances on the deferred tax assets relating to state and some foreign net operating losses and state tax credits for year ended December 31, 2014.
The table of deferred tax assets and liabilities shown above excludes deferred tax assets that arose directly from tax deductions related to equity compensation in excess of compensation recognized for financial reporting. The Company recognizes excess tax benefits from stock-based awards in additional paid-in capital if an incremental tax benefit is realized from a reduction in taxes payable, after all other available tax attributes have been utilized. The Company accounts for the indirect effects of stock-based awards on other tax attributes, such as research tax credits, through the consolidated statements of operations. The tax benefit realized from excess stock options exercised and restricted stock units vested during 2014 were $1.6 million.
As of December 31, 2014, the Company had not recognized deferred income taxes on a cumulative total of 246.0 million of undistributed earnings for certain non-U.S. subsidiaries. Determining the unrecognized deferred tax liability related to investments in our non-U.S. subsidiaries that are indefinitely reinvested is not practicable. The company estimates that our domestic cash needs will be met from our ongoing business operations.
As of December 31, 2014, the Company had federal, state, and non-U.S. net operating loss carryforwards for income tax purposes of $17.6 million, $501 million, and $151 million, respectively, some of which will begin to expire in 2031, 2015 and 2016, respectively. The U.S. net operating loss carryforwards relate to acquisitions and, as a result, are limited in the amount that can be recognized in any one year. Approximately $137 million of the non-U.S. net operating loss carryforwards have no expiration date. Additionally, the Company had federal, state and non-U.S. tax credit carryforwards of $69.2 million, $23.6 million, and $39.0 million, respectively. A portion of the federal and state credits will begin to expire in 2019 and 2015, respectively. The non-U.S. tax credit carryforwards have no expiration date.
Unrecognized tax benefits
The Company recognizes uncertain tax positions only to the extent that management believes that it is more-likely-than-not that the position will be sustained. The reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:
    
 
 
Years Ended
 
 
December 31, 2014
 
December 31, 2013
 
December 31, 2012
 
 
(in thousands)
Beginning gross unrecognized tax benefits
 
$
119,506

 
$
72,692

 
$
67,967

Increases in balances related to tax positions taken during the current periods
 
8,181

 
13,201

 
10,270

Increases in balances related to tax positions taken during the prior periods
 
7,453

 
58,253

 
793

Decreases in balances related to tax positions taken during the prior periods
 
(9,537
)
 
(13,836
)
 
(1,877
)
Lapse of statute of limitation
 
(2,418
)
 
(7,152
)
 
(4,314
)
Settlements and effective settlements
 
(360
)
 
(3,652
)
 
(147
)
Ending gross unrecognized tax benefits
 
$
122,825

 
$
119,506

 
$
72,692


Included in the unrecognized tax benefits at December 31, 2014, 2013 and 2012, are $88.1 million, $87.5 million and $72.7 million, respectively, of tax benefits that, if recognized, would affect the effective tax rate.
The Company recognizes interest and penalties related to unrecognized tax benefits in our income tax provision. In the years ended December 31, 2014, 2013, and 2012, the Company recognized expense related to interest and penalties in the consolidated statements of operations of $1.2 million, $2.8 million, and $0.4 million, respectively. The total amount of interest and penalties accrued on the consolidated balance sheets as of December 31, 2014 and 2013 was $5.2 million and $3.8 million, respectively.
The timing of resolutions and closures of tax audits is highly unpredictable. Given the uncertainty, it is reasonably possible that certain tax audits may be concluded within the next 12 months that could materially impact the balance of our gross unrecognized tax benefits. An estimate of the range of increase or decrease that could occur in the next twelve months cannot be made. However, the estimated impact to tax expense and net income from the resolution and closure of tax exams is not expected to be significant within the next 12 months.
The Company files U.S. federal, state, and foreign income tax returns in many jurisdictions with varying statutes of limitations. For U.S. federal and most state tax filings, we are no longer subject to examination for periods prior to 2005. For tax filings in significant foreign jurisdictions, we are no longer subject to examination for periods prior to 2005.