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INCOME TAXES
12 Months Ended
Dec. 31, 2015
INCOME TAX UNCERTAINTIES  
INCOME TAXES

NOTE 5 INCOME TAXES

Income before income taxes consists of:

 

 

 

 

 

 

 

 

 

 

 

 

Years Ended December 31,

    

2015

    

2014

    

2013

 

United States

 

$

73,492

 

$

31,681

 

$

28,968

 

International

 

 

221,079

 

 

254,620

 

 

235,415

 

Total

 

$

294,571

 

$

286,301

 

$

264,383

 

 

The provision (benefit) for income taxes is comprised of:

 

 

 

 

 

 

 

 

 

 

 

 

Years Ended December 31,

 

2015

 

2014

 

2013

 

Current:

 

 

 

 

 

 

 

 

 

 

U.S. Federal

 

$

19,749

 

$

14,023

 

$

7,174

 

State/Local

 

 

82

 

 

42

 

 

(631)

 

International

 

 

82,586

 

 

99,585

 

 

79,070

 

 

 

$

102,417

 

$

113,650

 

$

85,613

 

Deferred:

 

 

 

 

 

 

 

 

 

 

U.S. Federal/State

 

$

1,605

 

$

(10,130)

 

$

9,575

 

International

 

 

(8,746)

 

 

(8,843)

 

 

(2,731)

 

 

 

$

(7,141)

 

$

(18,973)

 

$

6,844

 

Total

 

$

95,276

 

$

94,677

 

$

92,457

 

 

The difference between the actual income tax provision and the tax provision computed by applying the statutory federal income tax rate of 35.0% in 2015, 2014 and 2013 to income before income taxes is as follows:

 

 

 

 

 

 

 

 

 

 

 

 

Years Ended December 31,

    

2015

    

2014

    

2013

 

Income tax at statutory rate

 

$

103,100

 

$

100,205

 

$

92,534

 

State income (benefits) taxes, net of federal (tax) benefit

 

 

(1,254)

 

 

770

 

 

(610)

 

Provision for distribution of current foreign earnings

 

 

2,031

 

 

695

 

 

11,388

 

Rate differential on earnings of foreign operations

 

 

(6,395)

 

 

(5,478)

 

 

(10,167)

 

Other items, net

 

 

(2,206)

 

 

(1,515)

 

 

(688)

 

Actual income tax provision

 

$

95,276

 

$

94,677

 

$

92,457

 

Effective income tax rate

 

 

32.3

%  

 

33.1

%  

 

35.0

%  

 

The tax provision for 2015 reflects a benefit of $1.6 million related to the reduction of valuation allowances mostly associated with U.S. state tax credits.  Additional benefits of $3.1 million associated with the exceptional depreciation allowances enacted in France during 2015 were partially offset by a $2.4 million charge for expected income tax assessments in France for a transfer pricing issue.  While the Company expects to seek compensating offsets for this amount, no receivable has been recorded at this time.  The $2.0 million charge pertaining to the distribution of earnings reflects $1.6 million of tax incurred in 2015 for income recognized under the U.S. deemed dividend provisions and $0.4 million for planned cash movements in Europe during 2016.

In 2014, we did not repatriate foreign earnings to the U.S.  Therefore, the 2014 tax provision is lower than the prior year as 2013 included $10.1 million of net additional tax expense due to repatriations.

The tax provision for 2013 reflects an increase of $6.7 million due to tax law changes in France. These changes were enacted on December 31, 2013 but retroactive to January 1, 2013. An additional $2.3 million of tax was incurred as a result of new French distribution taxes effective for distributions after August 17, 2012. The increases were partially offset by a benefit of $3.6 million from the expected use of net operating losses in Brazil and a benefit of $1.4 million from a tax law change in Italy.

Significant deferred tax assets and liabilities as of December 31, 2015 and 2014 are comprised of the following temporary differences:

 

 

 

 

 

 

 

 

 

 

 

    

2015

    

2014

 

Deferred Tax Assets:

 

 

 

 

 

 

 

Pension liabilities

 

$

27,155

 

$

35,582

 

Stock compensation

 

 

20,170

 

 

15,672

 

Foreign tax credit carryforward

 

 

7,471

 

 

10,348

 

Net operating loss carryforwards

 

 

5,053

 

 

7,896

 

U.S. state tax credits

 

 

8,554

 

 

7,641

 

Vacation

 

 

4,167

 

 

5,892

 

Workers compensation

 

 

4,693

 

 

4,526

 

Other

 

 

6,503

 

 

9,584

 

Total gross deferred tax assets

 

 

83,766

 

 

97,141

 

Less valuation allowance

 

 

(6,125)

 

 

(7,734)

 

Net deferred tax assets

 

 

77,641

 

 

89,407

 

Deferred Tax Liabilities:

 

 

 

 

 

 

 

Depreciation, amortization and leases

 

 

47,154

 

 

53,121

 

Acquisition related intangibles

 

 

15,720

 

 

18,058

 

Total gross deferred tax liabilities

 

 

62,874

 

 

71,179

 

Net deferred tax assets

 

$

14,767

 

$

18,228

 

 

The foreign tax credit carryforward will expire in the years 2023 and 2024. There is no expiration date on $4.3 million of the tax‑effected net operating loss carry forwards and $0.7 million (tax effected) will expire in the years 2016 to 2034. The U.S. state tax credit carryforwards of $8.6 million (tax effected) will expire in the years 2016 to 2030.  No state tax credit carryforwards are expected to expire unused in 2016.

The Company evaluates the deferred tax assets and records a valuation allowance when it is believed it is more likely than not that the benefit will not be realized. The Company has established a valuation allowance of $2.1 million of the $5.1 million of tax effected net operating loss carry forwards. These losses are generally in start‑up jurisdictions or locations that have not produced an operating profit to date. A valuation allowance of $3.8 million has been established against the $8.6 million of U.S. state tax credit carry forwards. A valuation allowance of $0.2 million has been established related to other future tax deductions in non‑U.S. jurisdictions, the benefit of which management believes will not be realized.

As of December 31, 2015, the Company had $1.4 billion of undistributed earnings from non‑U.S. subsidiaries which have been designated as permanently reinvested. The Company has not made a provision for U.S. or additional foreign taxes on this amount.  However, we estimate the amount of additional tax that might be payable on these earnings to be in the range of $75 million to $100 million.  These earnings will continue to be reinvested indefinitely and could become subject to the additional tax if they were remitted as dividends or lent to a U.S. affiliate, or if the Company should sell its stock in the subsidiaries.

The Company has not provided for taxes on certain tax‑deferred income of a foreign operation. The income arose predominately from government grants. Taxes of approximately $1.7 million would become payable in the event the terms of the grant are not fulfilled.

INCOME TAX UNCERTAINTIES

The Company provides a liability for the amount of tax benefits realized from uncertain tax positions. A reconciliation of the beginning and ending amount of income tax uncertainties is as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    

2015

    

2014

    

2013

 

Balance at January 1

 

$

6,408

 

$

7,988

 

$

8,464

 

Increases based on tax positions for the current year

 

 

255

 

 

113

 

 

110

 

Increases based on tax positions of prior years

 

 

2,684

 

 

228

 

 

381

 

Decreases based on tax positions of prior years

 

 

(518)

 

 

(1,073)

 

 

(92)

 

Settlements

 

 

(207)

 

 

(407)

 

 

(515)

 

Lapse of statute of limitations

 

 

(688)

 

 

(441)

 

 

(360)

 

Balance at December 31

 

$

7,934

 

$

6,408

 

$

7,988

 

 

The amount of income tax uncertainties that, if recognized, would impact the effective tax rate is close to $7.9 million. The Company estimates that it is reasonably possible that the liability for uncertain tax positions will decrease no more than $7.0 million in the next twelve months from the resolution of various uncertain positions as a result of the completion of tax audits, litigation and the expiration of the statute of limitations in various jurisdictions.

The Company recognizes interest and penalties accrued related to unrecognized tax benefits as a component of income taxes. As of December 31, 2015, 2014 and 2013, the Company had approximately $1.1 million, $0.7 million and $0.9 million, respectively, accrued for the payment of interest and penalties, of which approximately $0.4 million, ($0.2) million and ($0.4) million was recognized in income tax expense in the years ended December 31, 2015, 2014 and 2013, respectively.

The Company or its subsidiaries file income tax returns in the U.S. Federal jurisdiction and various state and foreign jurisdictions. The major tax jurisdictions the Company files in, with the years still subject to income tax examinations, are listed below:

 

 

 

 

 

 

    

Tax Years

 

Major Tax

 

Subject to

 

Jurisdiction

 

Examination

 

United States — Federal

 

2013-2015

 

United States — State

 

2009-2015

 

France

 

2012-2015

 

Germany

 

2011-2015

 

Italy

 

2011-2015

 

China

 

2006-2015