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Income Taxes
12 Months Ended
Dec. 31, 2013
Income Taxes

Note 4 Income Taxes

The deferred tax assets and deferred tax liabilities and related valuation allowance were comprised of the following:

 

 

  

December 31,

 

 

  

2013

 

 

2012

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Derivative financial instruments

 

$

5,467

 

 

$

5,765

 

Net operating losses

 

 

3,599

 

 

 

2,929

 

Research and development credits

 

 

1,130

 

 

 

2,916

 

Depreciation

 

 

2,682

 

 

 

2,251

 

Valuation reserves and accrued liabilities

 

 

3,090

 

 

 

3,062

 

Foreign tax credit

 

 

222

 

 

 

1,775

 

Stock compensation

 

 

1,887

 

 

 

1,316

 

Inventory

 

 

739

 

 

 

723

 

Patents

 

 

722

 

 

 

654

 

Defined benefit obligation

 

 

662

 

 

 

585

 

Other credits

 

 

365

 

 

 

429

 

Capital lease obligations

 

 

273

 

 

 

370

 

Other

 

 

219

 

 

 

288

 

 

 

 

21,057

 

 

 

23,063

 

Valuation allowance

 

 

(2,199

)

 

 

(2,199

)

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Intangible assets

 

 

(15,836

)

 

 

(18,948

)

Unrealized foreign currency exchange gains

 

 

(1,637

)

 

 

(2,069

)

Undistributed profits of subsidiary

 

 

(1,367

)

 

 

(359

)

Accounts receivable

 

 

 

 

 

(4

)

Property and equipment

 

 

(193

)

 

 

(220

)

Other

 

 

(791

)

 

 

(725

)

 

 

 

(19,824

)

 

 

(22,325

)

Net deferred tax asset (liability)

 

$

(966

)

 

$

(1,461

)

Reconciliations between the statutory Federal income tax rate of 34% and the effective rate of income tax expense for each of the three years in the period ended December 31, 2013 are as follows:

 

 

  

Year Ended December 31,

 

 

  

2013

 

 

2012

 

 

2011

 

Statutory Federal income tax rate

  

 

34.0

%

 

 

34.0

%

 

 

34.0

%

Increase (Decrease) resulting from:

  

 

 

 

 

 

 

 

 

 

 

 

U.S. Taxes on foreign income, net of taxes paid credit

  

 

(1.7

%)

 

 

4.5

%

 

 

  

NOL’s recognized upon change in tax law

  

 

 

 

 

(2.9

%)

 

 

  

Domestic and foreign state and local tax, net of federal benefit

  

 

3.6

%

 

 

3.7

%

 

 

7.2

%

Nondeductible expenses

  

 

1.4

%

 

 

1.6

%

 

 

2.8

%

Nondeductible acquisition transaction expenses

  

 

 

 

 

 

 

 

5.0

%

Withholding taxes

  

 

 

 

 

 

 

 

1.7

%

Nondeductible stock option compensation

  

 

(0.5

%)

 

 

 

 

 

0.5

%

Research and development credits

  

 

(2.3

%)

 

 

(5.3

%)

 

 

(6.9

%)

Effect of different tax rates of foreign jurisdictions

  

 

(10.8

%)

 

 

(10.5

%)

 

 

(3.2

%)

Nontaxable derivative gains

  

 

 

 

 

 

 

 

(5.2

%)

Other tax exempt income

  

 

 

 

 

(0.5

%)

 

 

(8.5

%)

Other

  

 

0.3

%

 

 

1.0

%

 

 

2.0

%

Effective rate

  

 

24.0

%

 

 

25.6

%

 

 

29.4

%

 

Note 4 Income Taxes (Continued)

The Company has Net Operating Loss (“NOL”) carryforwards as follows:

 

Jurisdiction

  

Amount as of
December 31, 2013

 

  

Years of Expiration

 

U.S. Federal income tax

  

$

9,574

  

  

 

2018 -2019

  

Foreign

  

$

4,096

  

  

 

2018

  

All of the U.S. Federal NOLs were incurred prior to the June 8, 1999 Preferred Financing, which qualified as a change in ownership under Section 382 of the Internal Revenue Code (“IRC”). Due to this change in ownership, the NOL accumulated prior to the change in control can only be utilized against current earnings up to a maximum annual limitation of approximately $591. As a result of the annual limitation, approximately, $6,025 remaining of these carryforwards are expected to expire before ultimately becoming available to reduce future tax liabilities in addition to $13,324 in NOL’s generated prior to the change in control which have already expired without being utilized. During 2010, we completed a study related to the 1999 change in control limitation amount and determined that an additional $4,044 NOL’s subject to the limitation were utilizable during 2010. We reversed the portion of the valuation allowance related to this adjustment totaling $1,375. A second change in control took place on September 22, 2006 when an accumulation of trades of the Company’s Common Stock by certain of the Company’s large shareholders exceeded a three year cumulative amount of 50% of the Company’s total Common Stock outstanding. The resulting annual change in control limitation of approximately $8,135 did not have an impact on the utilization of the amounts of the NOLs subject to this limitation.

During 2013, we generated an NOL in China associated with the startup activities of a new electronics production facility.  This NOL is expected to reverse in 2014 as the location becomes profitable.

Prior to 2013 our NOLs completely offset our current federal tax liability and, therefore, did not recognize for book purposes deductions allowed for stock option exercises in excess of that recorded for book purposes. As such, our deferred tax asset for book purposes related to NOLs is less than the actual NOL available. During 2011, our taxable income exceeded the remaining amount of NOLs recorded for book purposes representing a benefit attributable to deductions taken for tax purposes on stock option exercises. We recorded this benefit which totaled $2,074 and $171 for 2013 and 2012, respectively, directly to paid-in capital.

The earning before for income taxes and our tax provision are comprised of the following:

 

 

  

Year Ended December 31,

 

 

  

2013

 

  

2012

 

  

2011

 

Income before income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Domestic

 

$

6,891

 

 

$

3,735

 

 

$

12,223

 

Foreign

 

 

39,339

 

 

 

28,937

 

 

 

3,646

 

Total income before income taxes

 

$

46,230

 

 

$

32,672

 

 

$

15,869

 

 

 

  

Year Ended December 31,

 

 

  

2013

 

 

2012

 

 

2011

 

Current income tax expense:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

690

 

 

$

511

 

 

$

213

 

State and local

 

 

495

 

 

 

(311

)

 

 

(242

)

Foreign

 

 

9,959

 

 

 

7,362

 

 

 

5,294

 

Total current income tax expense

 

$

11,144

 

 

$

7,562

 

 

$

5,265

 

Deferred income tax expense (benefit):

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

12

 

 

$

1,834

 

 

$

2,378

 

State and local

 

 

(95

)

 

 

348

 

 

 

182

 

Foreign

 

 

36

 

 

 

(1,393

)

 

 

(3,159

)

Total deferred income tax expense

 

$

(47

)

 

$

789

 

 

$

(599

)

Total tax expense

 

$

11,097

 

 

$

8,351

 

 

$

4,666

 

The Company’s earnings outside the US are permanently reinvested. With respect to the German operations all amounts are permanently reinvested other than the earnings of certain jurisdictions for which deferred income taxes have been provided. Quantification of the deferred tax liability, if any, associated with indefinitely reinvested basis differences is not practicable.

 

Note 4 Income Taxes (Continued)

The American Taxpayer Relief Act of 2012 (“the Act”) was signed into law on January 2, 2013. The Act retroactively restored the research and development credit and certain exemptions under the foreign income tax rules. Because a change in tax law is accounted for in the period of enactment, the retroactive effect of the Act on the Company’s U.S. federal taxes for 2012, a benefit of approximately $1,300 was recognized in 2013.

 

The Company is subject to U.S. federal income tax as well as income tax in multiple foreign and state jurisdictions. During 2010, the Internal Revenue Service (“IRS”) completed a review of our 2007 and 2008 Federal Income Tax Returns. Our 2010 and 2011 Federal tax returns are currently under audit. No state tax returns are currently under examination.

The reconciliation of the beginning and ending amount of unrecognized tax benefits that would favorably affect the effective income tax rate in the future periods is as follows:

 

 

  

Year Ended December 31,

 

 

  

2013

 

  

2012

 

Balance at beginning of year

 

$

2,191

 

 

$

1,678

 

Additions based on tax position related to current year

 

 

2

 

 

 

67

 

Additions based on tax positions related to prior year

 

 

580

 

 

 

413

 

Reductions from settlements and statute of limitation expiration

 

 

(599

)

 

 

 

Effect of foreign currency translation

 

 

67

 

 

 

33

 

Balance at end of year

 

$

2,241

 

 

$

2,191