XML 32 R16.htm IDEA: XBRL DOCUMENT v3.6.0.2
Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]
INCOME TAXES

Income before income taxes from domestic and international jurisdictions is comprised of the following:
Year Ended December 31,
 
2016
 
2015
 
2014
(Dollars in thousands)
 
 
 
 
 
 
Income before income taxes:
 
 
 
 
 
 
Domestic
 
$
18,499

 
$
25,069

 
$
8,328

Foreign
 
36,222

 
10,214

 
7,374

 
 
$
54,721

 
$
35,283

 
$
15,702



The provision for income taxes is comprised of the following:
Year Ended December 31,
 
2016
 
2015
 
2014
(Dollars in thousands)
 
 
 
 
 
 
Current taxes
 
 
 
 
 
 
Federal
 
$
(5,017
)
 
$
(10,900
)
 
$
(2,976
)
State
 
450

 
481

 
(453
)
Foreign
 
(10,639
)
 
(2,099
)
 
(8,660
)
Total current taxes
 
(15,206
)
 
(12,518
)
 
(12,089
)
Deferred taxes
 
 
 
 

 
 

Federal
 
(1,199
)
 
(961
)
 
657

State
 
(332
)
 
(576
)
 
(109
)
Foreign
 
3,397

 
2,716

 
4,642

Total deferred taxes
 
1,866

 
1,179

 
5,190

 
 
 
 
 
 
 
Income tax provision
 
$
(13,340
)
 
$
(11,339
)
 
$
(6,899
)

The following is a reconciliation of the U.S. federal tax rate to our effective income tax rate:
Year Ended December 31,
2016
 
2015
 
2014
Statutory rate
(35.0
)%
 
(35.0
)%
 
(35.0
)%
State tax provisions, net of federal income tax benefit
(6.3
)
 
3.8

 
(0.5
)
Permanent differences
(0.8
)
 
(1.5
)
 
(5.3
)
Tax credits
0.6

 
0.9

 
2.8

Foreign income taxes at rates other than the statutory rate
11.7

 
2.3

 
(0.5
)
Valuation allowance and other
5.1

 
(5.6
)
 
(8.4
)
Changes in tax liabilities, net
0.5

 
6.4

 
4.2

Share based compensation
(1.2
)
 
(4.4
)
 

Other
1.0

 
1.0

 
(1.2
)
Effective income tax rate
(24.4
)%
 
(32.1
)%
 
(43.9
)%


Our effective income tax rate for 2016 was 24.4 percent. The effective tax rate was lower than the U.S. federal statutory rate primarily as a result of income in jurisdictions where the statutory rate is lower than the U.S. rate and tax benefits due to the release of tax liabilities related to uncertain tax positions.

Our effective income tax rate for 2015 was 32.1 percent. The effective tax rate was lower than the U.S. federal statutory rate primarily as a result of net decreases in the liability for uncertain tax positions partially offset by the reversal of deferred tax assets related to share-based compensation shortfalls.

Our effective income tax rate for 2014 was 43.9 percent. The effective tax rate was higher than the U.S. federal statutory rate primarily as a result of valuation allowances established for foreign deferred tax assets and various permanent differences including non-deductible expenses related to recent tax law changes in Mexico.

Tax effects of temporary differences that gave rise to significant portions of the deferred tax assets and deferred liabilities are as follows:
December 31,
 
2016
 
2015
(Dollars in thousands)
 
 
 
 
Deferred income tax assets:
 
 
 
 
Accrued liabilities
 
$
6,120

 
$
3,981

Hedging and foreign currency losses
 
9,475

 
8,469

Deferred compensation
 
11,723

 
11,833

Inventory reserves
 
3,563

 
3,079

Net loss carryforwards and credits
 
3,123

 
5,891

Competent authority deferred tax assets and other foreign timing differences
 
5,135

 
4,836

Other
 
462

 
(683
)
   Total before valuation allowance
 
39,601

 
37,406

Valuation allowance
 
(3,123
)
 
(5,891
)
Net deferred income tax assets
 
36,478

 
31,515

Deferred income tax liabilities:
 
 

 
 

Property, plant and equipment
 
(11,268
)
 
(14,011
)
Deferred income tax liabilities
 
(11,268
)
 
(14,011
)
Net deferred income tax assets
 
$
25,210

 
$
17,504



The classification of our net deferred tax asset is shown below:
December 31,
 
2016
 
2015
(Dollars in thousands)
 
 
 
 
 
 
 
 
 
Long-term deferred income tax assets
 
$
28,838

 
$
25,598

Long-term deferred income tax liabilities
 
(3,628
)
 
(8,094
)
Net deferred tax asset
 
$
25,210

 
$
17,504



Realization of any of our deferred tax assets at December 31, 2016 is dependent on the company generating sufficient taxable income in the future. The determination of whether or not to record a full or partial valuation allowance on our deferred tax assets is a critical accounting estimate requiring a significant amount of judgment on the part of management. In determining when to release the valuation allowance established against our deferred income tax assets, we consider all available evidence, both positive and negative. We perform our analysis on a jurisdiction by jurisdiction basis at the end of each reporting period.  The decrease in the valuation allowance of $2.8 million relates to the reduction of State net operating loss carryforwards the company is not more likely than not to utilize prior to expiration.

As of December 31, 2016 we have cumulative state NOL carryforwards of $49.1 million that expire in the years 2017 to 2032. Also, we have $0.3 million of state tax credit carryforwards which expire in the years 2021 to 2024.

In general, it is our practice and intention to reinvest the earnings of the operations of our non-U.S. subsidiaries. As of December 25, 2016, we have not made a provision for U.S. or additional foreign withholding taxes. The basis difference in our non-U.S. subsidiaries that result from undistributed earnings of approximately $168.9 million as these earnings are considered indefinitely reinvested in the non-U.S. subsidiaries. Determination of the deferred income tax liability on the basis differences is not practicable.

We account for our uncertain tax positions in accordance with U.S. GAAP. A reconciliation of the beginning and ending amounts of these tax benefits is as follows:
Year Ended December 31,
 
2016
 
2015
 
2014
(Dollars in thousands)
 
 
 
 
 
 
Beginning balance
 
$
7,318

 
$
7,193

 
$
9,462

Increases (decreases) due to foreign currency translations
 

 

 
(244
)
Increases (decreases) as a result of positions taken during:
 
 
 
 

 
 

Prior periods
 
(3,872
)
 
1,238

 
(2,553
)
Current period
 

 
1,798

 
956

Settlements with taxing authorities
 

 

 

Expiration of applicable statutes of limitation
 

 
(2,911
)
 
(428
)
Ending balance (1)
 
$
3,446

 
$
7,318

 
$
7,193



(1) Excludes $1.8 million, $2.1 million and $6.4 million of potential interest and penalties associated with uncertain tax positions in 2016, 2015 and 2014, respectively.

Our policy regarding interest and penalties related to uncertain tax positions is to record interest and penalties as an element of income tax expense.  The balance sheets at December 31, 2016 and 2015 include the liability for uncertain tax positions, cumulative interest and penalties accrued on the liabilities totaling $5.3 million and $7.2 million, respectively. During 2016, we reversed certain liabilities related to various jurisdictions in the amount of $3.9 million and a net benefit for penalties and interest of $0.3 million. Included in the unrecognized tax benefits of $5.3 million is $1.7 million that, if recognized, would affect our annual effective tax rate. Within the next twelve-month period we expect a decrease in unrecognized tax benefits of $0.1 million.

We conduct business internationally and, as a result, one or more of our subsidiaries files income tax returns in U.S. federal, U.S. state and certain foreign jurisdictions. Accordingly, in the normal course of business, we are subject to examination by taxing authorities throughout the world, including, but not limited to Mexico, the Netherlands, Costa Rica, India, Cyprus and the U.S. We are no longer under examination by the taxing authority regarding any U.S. federal income tax returns for years before 2013 while the years open for examination under various state and local jurisdictions vary. In 2014, the Internal Revenue Service ("IRS") completed its audit of the 2011 tax year of Superior Industries International and subsidiaries.

Total income tax payments net of refunds were $21.9 million in 2016, $12.6 million in 2015 and $9.9 million in 2014.