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Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

 

16.

Income Taxes

The United States and foreign components of income before income taxes and equity in earnings in affiliates are as follows:

 

 

 

2020

 

 

2019

 

 

2018

 

 

 

(In thousands)

 

Income before income taxes and equity in earnings in affiliates

 

 

 

 

 

 

 

 

 

 

 

 

United States

 

$

96,428

 

 

$

155,844

 

 

$

131,261

 

Foreign

 

 

27,700

 

 

 

17,684

 

 

 

18,056

 

Income before income taxes and equity in earnings in affiliates

 

$

124,128

 

 

$

173,528

 

 

$

149,317

 

 

The provision for income taxes consists of the following components:

 

 

 

2020

 

 

2019

 

 

2018

 

 

 

(In thousands)

 

Federal income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

$

8,259

 

 

$

13,018

 

 

$

9,340

 

Deferred

 

 

(255

)

 

 

(7,028

)

 

 

(2,195

)

 

 

 

8,004

 

 

 

5,990

 

 

 

7,145

 

State income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

 

4,146

 

 

 

5,093

 

 

 

3,050

 

Deferred

 

 

47

 

 

 

(383

)

 

 

(1,889

)

 

 

 

4,193

 

 

 

4,710

 

 

 

1,161

 

Foreign income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

 

(3,163

)

 

 

(875

)

 

 

497

 

Deferred

 

 

11,429

 

 

 

6,823

 

 

 

5,314

 

 

 

 

8,266

 

 

 

5,948

 

 

 

5,811

 

Total U.S. and foreign provision for income taxes

 

$

20,463

 

 

$

16,648

 

 

$

14,117

 

 

The U.S. Tax Cuts and Jobs Act ("Tax Act") enacted on December 22, 2017 introduced significant changes to the U.S. income tax law. Effective 2018, the Tax Act reduced the U.S. statutory corporate tax rate from 35% to 21%.

 

Due to the timing of the enactment and the complexity involved in applying the provisions of the Tax Act, the Company made reasonable estimates of the effects and recorded provisional amounts in its financial statements for the year ended December 31, 2017. As the Company collected and prepared necessary data, and interpreted any additional guidance issued by the U.S. Treasury Department, the IRS or other standard-setting bodies, it made adjustments over the course of the year to the provisional amounts, including refinements to deferred taxes. The accounting for the tax effects of the enactment of the Tax Act was completed as of December 31, 2018.

Any legislative changes, as well as any other new or proposed Treasury regulations to address questions that arise because of the Tax Act, may result in additional income tax impacts. There are no significant impacts to income tax for the year ended December 31, 2018, 2019 and 2020.

A reconciliation of the statutory U.S. federal tax rate of 21% and the effective income tax rate is as follows:

 

 

 

2020

 

 

2019

 

 

2018

 

 

 

(In thousands)

 

Provisions using statutory federal income tax rate

 

$

26,067

 

 

$

36,476

 

 

$

31,340

 

State income taxes, net of federal tax benefit

 

 

3,099

 

 

 

2,421

 

 

 

1,915

 

REIT benefit

 

 

(12,271

)

 

 

(22,395

)

 

 

(19,992

)

Change in valuation allowance

 

 

(1,775

)

 

 

1,456

 

 

 

(1,245

)

Federal tax credits

 

 

(2,015

)

 

 

(2,118

)

 

 

(1,904

)

Tax Cut and Jobs Act impact

 

 

 

 

 

 

 

 

(301

)

Foreign income taxes

 

 

1,373

 

 

 

1,934

 

 

 

1,479

 

Tax impact of vested equity compensation

 

 

3,628

 

 

 

185

 

 

 

949

 

Other, net

 

 

2,357

 

 

 

(1,311

)

 

 

1,876

 

Total provision for income taxes

 

$

20,463

 

 

$

16,648

 

 

$

14,117

 

 

The Company's effective tax rate differs from the U.S. statutory rate of 21% primarily due to a zero tax rate on earnings generated by the Company's REIT operations. State income taxes, net of federal tax benefits of $3.1 million, $2.4 million and $1.9 million for 2020, 2019 and 2018, respectively, is presented exclusive of the related change in valuation allowance of state income tax deferred items. Net of the related change in valuation allowances the state income taxes, net of federal tax benefits is $2.1 million, $4.1 million and $1.3 million for 2020, 2019 and 2018, respectively.

The following table presents the breakdown between non-current net deferred tax assets as classified on the balance sheets as of December 31, 2020 and 2019:

 

 

 

2020

 

 

2019

 

 

 

(In thousands)

 

Deferred tax assets - non-current

 

$

36,604

 

 

$

36,278

 

Deferred tax liabilities - non-current

 

 

(30,726

)

 

 

(19,254

)

Total net deferred tax assets

 

$

5,878

 

 

$

17,024

 

 

The significant components of the Company's deferred tax assets and liabilities consisted of the following as of December 31, 2020 and 2019:

 

 

 

2020

 

 

2019

 

Deferred tax assets:

 

(In thousands)

 

Net operating losses

 

$

25,260

 

 

$

32,394

 

Accrued liabilities

 

 

30,605

 

 

 

24,452

 

Deferred compensation

 

 

18,906

 

 

 

15,052

 

Accrued compensation

 

 

7,888

 

 

 

7,239

 

Deferred revenue

 

 

15,210

 

 

 

13,219

 

Tax credits

 

 

3,834

 

 

 

5,223

 

Equity awards

 

 

3,402

 

 

 

4,894

 

Depreciation

 

 

3,069

 

 

 

15,424

 

Operating lease liability

 

 

14,889

 

 

 

13,140

 

Other, net

 

 

777

 

 

 

1,817

 

Valuation allowance

 

 

(21,012

)

 

 

(22,786

)

Total deferred tax assets

 

$

102,828

 

 

$

110,068

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Intangible assets

 

$

(21,885

)

 

$

(24,097

)

Capitalized transaction costs

 

 

(16,165

)

 

 

(16,797

)

Accounting method change

 

 

(4,667

)

 

 

(7,019

)

Prepaid expenses and other

 

 

(39,925

)

 

 

(32,493

)

Lease right-of-use assets

 

 

(14,308

)

 

 

(12,638

)

Total deferred tax liabilities

 

$

(96,950

)

 

$

(93,044

)

 

 

 

 

 

 

 

 

 

Total net deferred tax assets

 

$

5,878

 

 

$

17,024

 

 

 

Deferred income taxes should be reduced by a valuation allowance if it is not more likely than not that some portion or all of the deferred tax assets will be realized. On a periodic basis, management evaluates and determines the amount of the valuation allowance required and adjusts such valuation allowance accordingly. At year end 2020 and 2019, the Company has a valuation allowance of $21.0 million and $22.8 million, respectively related to deferred tax assets for foreign net operating losses, state net operating losses and state tax credits. The valuation allowance decreased by $1.8 million during the year ended December 31, 2020.

The Company provides income taxes on the undistributed earnings of non-U.S. subsidiaries except to the extent that such earnings are permanently invested outside the United States. At December 31, 2020, $8.9 million of accumulated undistributed earnings of non-U.S. subsidiaries were permanently invested outside the United States. At the existing U.S. federal income and applicable foreign withholding tax rates, additional taxes (net of foreign tax credits) of $0.4 million, consisting solely of withholding taxes, would have to be provided if such earnings were remitted currently.

As of the year ended December 31, 2020, the Company had $38.2 million of Federal net operating loss carryforwards which begin to expire in 2032 and $207.3 million of combined net operating loss carryforwards in various states which will begin to expire in 2020. The Federal net operating losses are at the Company's REIT which is not subject to tax. The Company has recorded a partial valuation allowance against the deferred tax assets related to the state operating losses.

Also, as of the year ended December 31, 2020, the Company had $26.7 million of foreign operating losses which carry forward indefinitely and $3.6 million of state tax credits which will begin to expire in 2021. The Company has recorded a partial valuation allowance against the deferred tax assets related to the foreign operating losses and state tax credits.

The Company recognizes the cost of employee services received in exchange for awards of equity instruments based upon the grant date fair value of those awards. The exercise of non-qualified stock options and vesting of restricted stock awards which have been granted under the Company’s equity award plans give rise to compensation income which is includable in the taxable income of the applicable employees and the majority of which is deductible by the Company for federal and state income tax purposes. In the case of non-qualified stock options, the compensation income results from increases in the fair market value of the Company's common stock subsequent to the date of grant. At December 31, 2020, the deferred tax asset net of a valuation allowance related to unexercised stock options and restricted stock grants for which the Company has recorded a book expense was $3.4 million.

The Company recognizes the financial statement benefit of a tax position only after determining that the relevant tax authority would more likely than not sustain the position following an audit. For tax positions meeting the more-likely-than-not threshold, the amount recognized in the financial statements is the largest benefit that has a greater than 50 percent likelihood of being realized upon ultimate settlement with the relevant tax authority.

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

 

 

 

2020

 

 

2019

 

 

2018

 

 

 

(In thousands)

 

Balance at Beginning of Period

 

$

5,469

 

 

$

4,584

 

 

$

4,461

 

Additions based on tax positions related to the current year

 

 

44

 

 

 

 

 

 

 

Additions for tax positions of prior years

 

 

166

 

 

 

994

 

 

 

298

 

Additions from current year acquisitions

 

 

 

 

 

 

 

 

 

Reductions for tax positions of prior years

 

 

 

 

 

 

 

 

 

Reductions as a result of a lapse of applicable statutes of limitations

 

 

(56

)

 

 

(109

)

 

 

(175

)

Balance at End of Period

 

$

5,623

 

 

$

5,469

 

 

$

4,584

 

 

All amounts in the reconciliation are reported on a gross basis and do not reflect a federal tax benefit on state income taxes. The Company has accrued $5.5 million of accrued uncertain tax benefits as of December 31, 2020 which is inclusive of the federal tax benefit on state income taxes. The Company believes that it is reasonably possible that a decrease may be necessary in the unrecognized tax benefits within twelve months of the reporting date of approximately $0.9 million, related to state tax exposures, due to a lapse of the statute of limitation. The accrued uncertain tax balance at December 31, 2020 includes $5.5 million of unrecognized tax benefits which, if ultimately recognized, will reduce the Company’s annual effective tax rate.

The Company is subject to income taxes in the U.S. federal jurisdiction, and various states and foreign jurisdictions. Tax regulations within each jurisdiction are subject to the interpretation of the related tax laws and regulations and require significant judgment to apply. With few exceptions, the Company is no longer subject to U.S. federal, state and local, or non-U.S. income tax examinations by tax authorities for the years before 2016. The Company was under audit by the IRS for the 2013 tax year, its first REIT year and was issued a no change letter at audit conclusion. One of our foreign subsidiaries satisfactorily completed a streamlined tax assurance review in a foreign jurisdiction for tax years 2015 to 2018. In late 2020, the Company was contacted by the IRS to conduct an examination of 2017. Subsequent to year-end, the IRS audit team notified the Company that the examination has been changed to a survey.

The calculation of the Company’s provision (benefit) for income taxes requires the use of significant judgment and involves dealing with uncertainties in the application of complex tax laws and regulations. In determining the adequacy of the Company’s provision (benefit) for income taxes, potential settlement outcomes resulting from income tax examinations are regularly assessed. As such, the final outcome of tax examinations, including the total amount payable or the timing of any such payments upon resolution of these issues, cannot be estimated with certainty.

During the years ended December 31, 2020 and 2019, the Company did not recognize any interest and penalties. The Company classifies interest and penalties as interest expense and other expense, respectively.