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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Taxes  
Income Taxes

(9)          Income Taxes

Income tax (benefit) expense consisted of the following components (dollars in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

    

2016

    

2015

    

2014

 

Current:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(9,918)

 

$

5,731

 

$

4,802

 

State

 

 

(624)

 

 

(1,645)

 

 

4,823

 

Foreign

 

 

8,975

 

 

12,647

 

 

9,449

 

 

 

 

(1,567)

 

 

16,733

 

 

19,074

 

Deferred:

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(12,687)

 

 

13,665

 

 

(4,701)

 

State

 

 

(2,217)

 

 

2,570

 

 

1,026

 

Foreign

 

 

(851)

 

 

(3,312)

 

 

(1,304)

 

 

 

 

(15,755)

 

 

12,923

 

 

(4,979)

 

Total

 

$

(17,322)

 

$

29,656

 

$

14,095

 

 

(Loss) income before income taxes consisted of the following (dollars in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

    

2016

    

2015

    

2014

 

U.S.

 

$

(81,579)

 

$

51,797

 

$

15,779

 

Foreign

 

 

38,339

 

 

69,429

 

 

49,208

 

Total

 

$

(43,240)

 

$

121,226

 

$

64,987

 

 

The components of the Company’s net deferred tax asset are as follows (dollars in thousands):

 

 

 

 

 

 

 

 

 

    

2016

    

2015

 

Deferred tax assets:

 

 

 

 

 

 

 

Compensation and benefits

 

$

9,715

 

$

13,742

 

Net operating loss and capital loss carryover

 

 

19,755

 

 

16,094

 

Share-based compensation

 

 

6,824

 

 

6,488

 

Research and development credits

 

 

7,550

 

 

3,069

 

Foreign tax credits

 

 

12,660

 

 

 —

 

Tax benefits on uncertain tax positions

 

 

1,351

 

 

2,862

 

Goodwill and other intangibles

 

 

8,015

 

 

9,483

 

Depreciation

 

 

1,167

 

 

 —

 

Other

 

 

5,259

 

 

5,063

 

Total deferred tax assets

 

 

72,296

 

 

56,801

 

Less: valuation allowance

 

 

(20,979)

 

 

(19,444)

 

Total deferred tax assets, net of valuation allowance

 

 

51,317

 

 

37,357

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Depreciation

 

 

 —

 

 

(1,281)

 

Capitalized software

 

 

(12,174)

 

 

(12,072)

 

Other

 

 

(455)

 

 

(414)

 

Total deferred tax liabilities

 

 

(12,629)

 

 

(13,767)

 

Net deferred tax assets

 

$

38,688

 

$

23,590

 

 

At December 31, 2016, the Company believes that it is more-likely-than-not that future reversals of its existing taxable temporary differences and the future generation of sufficient taxable income in the appropriate jurisdictions will enable the Company to realize the carrying value of its net deferred tax assets. The Company’s valuation allowance increased $1.5 million to $21.0 million at December 31, 2016 and is primarily the result of historical net operating losses in the Asia Pacific entities, where a full valuation allowance is maintained for all deferred tax assets and net operating losses, as well as certain state tax credits and net operating losses. The Company has foreign tax credit carryforwards of $12.7 million that begin to expire in 2024 and research and development tax credits that begin to expire in 2034.

Net operating loss carryforwards expire as follows (dollars in thousands):

 

 

 

 

 

 

 

 

    

Amount

    

Years remaining

 

Hong Kong and Australia

 

$

78,343

 

Indefinite

 

State and local (United States)

 

 

59,520

 

14 years

 

Ireland

 

 

296

 

Indefinite

 

 

 

$

138,159

 

 

 

 

The effective tax rate varied from the U.S. federal statutory income tax rate due to the following:

 

 

 

 

 

 

 

 

 

    

2016

    

2015

    

2014

 

U.S. federal statutory income tax rate

 

35.0

%  

35.0

%  

35.0

%

State and local income taxes, net of U.S. federal income tax effect

 

5.2

 

0.4

 

5.5

 

Foreign tax impact, net

 

6.2

 

(7.2)

 

(12.8)

 

Deemed dividend on capital structure amendment (1)

 

 —

 

5.4

 

 —

 

Impact of deductible basis on the sale of energy research business

 

 —

 

(14.8)

 

 —

 

Reserves released upon tax settlement

 

18.6

 

 —

 

 —

 

Non-deductible costs (2)

 

(22.8)

 

6.1

 

0.9

 

Other, net

 

(2.1)

 

(0.4)

 

(6.9)

 

Effective income tax rate

 

40.1

%  

24.5

%  

21.7

%


(1)

Reflects the impact of the tax on a deemed dividend from amending the capital structure of the Company's operations outside of North America.

 

(2)

Includes the impact of the non-deductible payments in 2015 and charges accrued in 2016 payable to the Securities and Exchange Commission (the “SEC”) (see Note 21, Commitments and Contingencies). Additionally, 2016 includes non-deductible officers’ compensation.

As of December 31, 2016, the Company had $17.9 million of earnings attributable to foreign subsidiaries for which no incremental U.S. tax has been recorded as these amounts are not expected to be repatriated through dividends due to the capital structure of the Company’s non-North American holding company. If these earnings were to be repatriated, the estimated U.S. tax liability as of December 31, 2016 would be up to $3.0 million.

Tax Uncertainties

Under ASC 740, Income Taxes, a tax benefit from an uncertain tax position may be recognized only if it is more likely than not that the tax position will be sustained on examination by the taxing authorities. The tax benefits recognized in the financial statements from such a position are measured based on the largest benefit that has a greater than fifty percent likelihood of being realized upon ultimate resolution.

A reconciliation of the beginning and ending amounts of unrecognized tax benefits is as follows (dollars in thousands):

 

 

 

 

 

 

 

 

 

 

 

Uncertain Tax Benefits

    

2016

    

2015

    

2014

 

Balance, January 1

 

$

15,553

 

$

14,395

 

$

13,074

 

Additions based on tax positions related to the current year

 

 

66

 

 

2,807

 

 

309

 

Additions based on tax positions of prior years

 

 

406

 

 

349

 

 

3,681

 

Reductions for tax positions of prior years

 

 

 —

 

 

(36)

 

 

(84)

 

Reductions due to settlements with taxing authorities

 

 

(2,153)

 

 

(1,773)

 

 

(1,108)

 

Reductions due to expiration of statute of limitations

 

 

(6,516)

 

 

(189)

 

 

(1,477)

 

Balance, December 31

 

$

7,356

 

$

15,553

 

$

14,395

 

 

The unrecognized tax benefits were $7.4 million and $15.6 million, respectively, at December 31, 2016 and 2015. After giving effect to offsetting federal benefits included in net deferred tax assets, the amounts were $6.9 million and $14.6 million which, if recognized, would affect the Company’s effective tax rate.

With limited exception, the Company is no longer subject to U.S. federal, state, local or foreign income tax audits by taxing authorities for years preceding 2010. The Internal Revenue Service is currently examining the Company’s U.S. federal income tax returns for 2011 through 2012. Certain foreign state and local returns are also currently under various stages of audit for the tax years 2012 through 2014. The Company does not anticipate a significant change to the total of unrecognized tax benefits within the next twelve months.

At December 31, 2016, interest expense of $2.2 million, gross of related tax effects of $0.9 million, was accrued related to unrecognized tax benefits. As a continuing policy, interest accrued related to unrecognized tax benefits is recorded as income tax expense. During 2016, 2015 and 2014, the Company recognized net reductions of $2.5 million and net additions of $0.1 million and $0.8 million, respectively, of tax-related interest expense. No tax penalties were recorded during 2016, 2015 or 2014.