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Income Taxes
12 Months Ended
Dec. 31, 2014
Income Taxes

11. INCOME TAXES

Income before income tax expense consists of the following:

 

     Years ended December 31,  
     2014      2013      2012  

Domestic

   $ 12,877       $ 14,842       $ 8,310   

Foreign

     24,645         14,020         22,632   
  

 

 

    

 

 

    

 

 

 

Income before income taxes

$ 37,522    $ 28,862    $ 30,942   
  

 

 

    

 

 

    

 

 

 

The components of the income tax expense (benefit) for income taxes are as follows:

 

     Years ended December 31,  
     2014      2013      2012  

Current:

        

Federal

   $ 3,780       $ 4,859       $ 4,418   

State

     367         472         429   

Foreign

     4,433         3,751         5,537   
  

 

 

    

 

 

    

 

 

 

Current income tax expense

  8,580      9,082      10,384   

Deferred:

Federal

  306      (1,105   (1,871

State

  30      (108   (183

Foreign

  (5,043   (516   (386
  

 

 

    

 

 

    

 

 

 

Deferred income tax benefit

  (4,707   (1,729   (2,440
  

 

 

    

 

 

    

 

 

 

Income tax expense

$ 3,873    $ 7,353    $ 7,944   
  

 

 

    

 

 

    

 

 

 

 

Income tax expense (benefit) for the years ended December 31, 2014, 2013 and 2012 differ from the amount computed by applying the federal statutory corporate rate to income before income taxes. The differences are recorded as follows:

 

     Years ended December 31,  
     2014      2013      2012  

Tax expense (benefit) at statutory rate of 34%

   $ 12,757       $ 9,813       $ 10,521   

State income taxes, net of federal benefit

     425         490         274   

Foreign tax rate difference

     (2,917      (1,345      (2,549

Research and development credit

     (583      (957      —     

Change in valuation allowance

     (5,392      (187      3   

Equity based compensation

     880         (212      (225

Manufacturing credit

     (721      (249      (139

Other

     (576      —           59   
  

 

 

    

 

 

    

 

 

 

Total income tax expense

$ 3,873    $ 7,353    $ 7,944   
  

 

 

    

 

 

    

 

 

 

The components of the Company’s net deferred income tax asset and liabilities are as follows:

 

     As of December 31,  
     2014      2013  

Net deferred income tax asset - Current

     

Warranty cost

   $ 404       $ 348   

Bad debt reserve

     30         73   

Inventory reserve

     512         253   

Unearned service revenue

     3,474         2,992   

Other, net

     1,516         935   
  

 

 

    

 

 

 

Net deferred income tax asset - Current

$ 5,936    $ 4,601   
  

 

 

    

 

 

 

Net deferred income tax asset - Non-current

Depreciation

$ (3,059 $ (1,559

Goodwill amortization

  (2,007   (1,841

Product design costs

  (136   (259

Employee stock options

  2,756      3,021   

Unearned service revenue

  1,649      1,654   

Loss carryforwards

  9,240      10,252   
  

 

 

    

 

 

 

Deferred income tax asset - Non-current

  8,443      11,268   
  

 

 

    

 

 

 

Valuation Allowance

  (1,819   (6,845
  

 

 

    

 

 

 

Net deferred income tax asset - Non-current

$ 6,624    $ 4,423   
  

 

 

    

 

 

 

Net deferred income tax liability - Non-current

  

 

 

    

 

 

 

Intangible assets

$ —      $ (1,171
  

 

 

    

 

 

 

The effective income tax rate for 2014, 2013, and 2012 includes a reduction in the statutory corporate tax rates for the Company’s operations in Switzerland. The favorable tax rate ruling requires the Company to maintain a certain level of manufacturing operations in Switzerland. The aggregate dollar effect of this favorable tax rate was approximately $1.9 million, or $0.11 per share, in the year ended December 31, 2014, $1.5 million, or $0.09 per share, in the year ended December 31, 2013, and $0.9 million, or $0.05 per share, in the year ended December 31, 2012.

 

At December 31, 2014 and 2013, the Company’s domestic entities had deferred income tax assets in the amount of $5.2 million and $5.5 million, respectively. At December 31, 2014 and 2013, the Company’s foreign subsidiaries had deferred tax assets primarily relating to net operating losses, some of which expire in the next 5 to 15 years and others which can be carried forward indefinitely, of $9.2 million and $10.3 million, respectively. The valuation allowance for deferred tax assets as of December 31, 2014 and 2013 was $1.8 million and $6.8 million, respectively. The net change in the total valuation allowance for each of years ended December 31, 2014, 2013 and 2012, was a decrease of $5.0 million, a decrease of $0.2 million and an increase of $3.0 thousand, respectively. During the year ended December 31, 2014, the Company identified certain immaterial errors related to deferred tax assets and the related valuation allowance. As a result, the Company decreased deferred tax assets and the related valuation allowance by $4.7 million each to correct the gross-up error. The above table has been adjusted to reflect this adjustment. The Company believes this error is not material to the consolidated financial statements of any prior interim or annual periods and that the correction of the error was not material to the Company’s 2014 consolidated financial statements.

The valuation allowance as of December 31, 2014 and 2013 was primarily related to foreign net operating loss carryforwards that, in the judgment of management, were not more likely than not to be realized. In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets depends on the generation of future taxable income during the periods in which those temporary differences are deductible. Management considers the scheduled reversal of deferred tax liabilities (including the impact of available carryback and carryforward periods), projected taxable income, and tax-planning strategies in making this assessment. In 2014, certain foreign subsidiaries which had previously generated losses, established a pattern of profitability which resulted in the Company concluding that the valuation allowance should be reversed based on the assessment previously described. As a result, the Company recorded a $4.5 million discrete tax adjustment during the third quarter of 2014. The remaining changes impacting the valuation allowance for the year ended December 31, 2014 related to changes in foreign currency.

The Company has not recognized any U.S. tax expense on undistributed international earnings, as it intends to reinvest the earnings outside the U.S. for the foreseeable future. The Company’s net undistributed international earnings were approximately $106.2 million and $78.2 million at December 31, 2014 and 2013, respectively.

Significant judgment is required in determining the Company’s worldwide provision for income taxes. In the ordinary course of a global business, there are many transactions for which the ultimate tax outcome is uncertain. The Company reviews its tax contingencies on a regular basis and makes appropriate accruals as necessary.

As of December 31, 2014 and 2013, the Company’s gross unrecognized tax benefits totaled $0.3 million, which includes approximately $0.03 million of interest and penalties. The Company estimates that the unrecognized tax benefits will not change significantly within the next year.

 

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:

 

     Years ended December 31,  
     2014      2013      2012  

Balance at January 1,

   $ 265       $ 265       $ 265   

Additions based on tax positions related to the current year

     —           —           —     

Additions for tax positions of prior years

     —           —           —     

Reductions for tax positions of prior years

     —           —           —     

Settlements

     —           —           —     
  

 

 

    

 

 

    

 

 

 

Balance at December 31,

$ 265    $ 265    $ 265   
  

 

 

    

 

 

    

 

 

 

The Company and its subsidiaries file income tax returns in the U.S. federal jurisdiction and various state and foreign jurisdictions. The table below summarizes the open tax years and ongoing tax examinations in major jurisdictions as of December 31, 2014:

 

Jurisdiction    Open Years      Examination
in Process

United States - Federal Income Tax

     2010-2014       N/A

United States - various states

     2010-2014       N/A

Germany

     2009-2014       2010-2011

Switzerland

     2013       N/A

Singapore

     2010-2014       N/A

The Company recognizes accrued interest and penalties related to unrecognized tax benefits in tax expense. The total amount of unrecognized tax benefits that, if recognized, would affect the effective tax rate is $0.3 million. FARO does not currently anticipate that the total amount of unrecognized tax benefits will result in material changes to its financial position. The Company is subject to income taxes at the federal, state and foreign country level. The Company’s tax returns are subject to examination at the U.S. federal level from 2010 forward and at the state level subject to a three to four year statute of limitations. In September 2013, the U.S. Internal Revenue Service issued new regulations for capitalizing and deducting costs incurred to acquire, produce, or improve tangible property. The Company adopted these new regulations as of January 1, 2014, and it did not have a material effect on its consolidated financial statements.