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

(11) Income Taxes

U.S. and international components of (loss) income before income taxes (in thousands) were comprised of the following for the periods indicated:

 

 

 

Years Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

U.S.

 

$

(53,250

)

 

$

9,944

 

 

$

(18,295

)

Foreign

 

 

33,297

 

 

 

28,319

 

 

 

38,777

 

Total

 

$

(19,953

)

 

$

38,263

 

 

$

20,482

 

 

 

The (benefit from) provision for income taxes (in thousands) consisted of the following for the periods indicated:

 

 

 

Years Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

1,861

 

 

$

1,256

 

 

$

(1,916

)

State

 

 

1,445

 

 

 

143

 

 

 

1,656

 

Foreign

 

 

5,221

 

 

 

5,135

 

 

 

6,460

 

 

 

$

8,527

 

 

$

6,534

 

 

$

6,200

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(15,038

)

 

$

(749

)

 

$

(6,071

)

State

 

 

(6,269

)

 

 

(480

)

 

 

(2,047

)

Foreign

 

 

351

 

 

 

(1,397

)

 

 

(101

)

 

 

$

(20,956

)

 

$

(2,626

)

 

$

(8,219

)

Total (benefit) provision

 

$

(12,429

)

 

$

3,908

 

 

$

(2,019

)

 

The benefit from or provision for income taxes differs from the amount computed by applying the federal statutory income tax rate to the Company’s loss or income before income taxes as follows for the periods indicated:

 

 

 

Years Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

Income tax expense at federal statutory rate

 

 

21.0

%

 

 

21.0

%

 

 

21.0

%

State taxes, net of federal tax effect

 

 

18.0

%

 

 

(1.7

)%

 

 

(1.3

)%

Foreign earnings taxed at different rates

 

 

21.7

%

 

 

(6.1

)%

 

 

(20.5

)%

Book tax difference in amortization of intangible property

 

 

0.0

%

 

 

(4.6

)%

 

 

0.0

%

Withholding tax

 

 

(12.5

)%

 

 

3.1

%

 

 

5.5

%

Foreign tax credit

 

 

3.8

%

 

 

(3.0

)%

 

 

(5.2

)%

Other international components

 

 

(3.5

)%

 

 

0.2

%

 

 

0.3

%

Change in valuation allowance

 

 

2.7

%

 

 

1.6

%

 

 

2.5

%

Deferred tax adjustments and rate changes

 

 

(3.4

)%

 

 

1.0

%

 

 

(1.7

)%

Meals and entertainment

 

 

(1.3

)%

 

 

1.3

%

 

 

2.6

%

Non-deductible officers compensation

 

 

(12.5

)%

 

 

1.4

%

 

 

2.1

%

Subpart F income

 

 

(2.0

)%

 

 

3.2

%

 

 

7.0

%

Research and development tax credit

 

 

19.9

%

 

 

(9.3

)%

 

 

(11.8

)%

Stock compensation

 

 

11.8

%

 

 

1.8

%

 

 

5.8

%

GILTI, net of foreign tax credit

 

 

(1.1

)%

 

 

0.9

%

 

 

0.5

%

FDII

 

 

3.1

%

 

 

(1.9

)%

 

 

(4.5

)%

Transition Tax

 

 

0.0

%

 

 

0.0

%

 

 

(15.2

)%

Other permanent differences

 

 

(3.4

)%

 

 

1.3

%

 

 

3.0

%

Total

 

 

62.3

%

 

 

10.2

%

 

 

(9.9

)%

 

The Company’s U.S. and foreign effective tax rates for (loss) income before income taxes were as follows for the periods indicated:

 

 

 

Years Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

U.S.

 

 

33.8

%

 

 

1.7

%

 

 

45.8

%

Foreign

 

 

16.7

%

 

 

13.2

%

 

 

16.4

%

Combined

 

 

62.3

%

 

 

10.2

%

 

 

(9.9

)%

 

 

The change in the Company’s effective tax rate in 2020, as compared to the prior year, was primarily due to certain discrete items, overall income or loss level, and the change in the proportion of U.S. versus foreign income.

 

The Tax Act imposed a Transition Tax on previously untaxed accumulated and current earnings and profits of certain of the Company’s foreign subsidiaries.  The Company recorded a final tax expense of $37.2 million related to the Transition Tax, comprised of a provisional Transition Tax obligation of $40.3 million in 2017 and a subsequent $(3.1) million measurement-period adjustment in 2018.  As of December 31, 2020, $28.0 million of the Transition Tax was unpaid, of which $25.1 million is included in “Other long-term liabilities” and $3.0 million is included in “Accounts payable, accrued expenses, and operating lease liabilities” in the Company’s Consolidated Balance Sheets.

 

The Tax Act also reduced the U.S. corporate tax rate from 35% to 21%, effective January 1, 2018.  Additionally, the Tax Act requires certain Global Intangible Low Income (“GILTI”) earned by a controlled foreign corporation (“CFC”) to be included in the gross income of the CFC’s U.S. shareholder.  The Company has elected the “period cost method” and treats taxes due on future U.S. inclusions in taxable income related to GILTI as a current-period expense when incurred.  The Tax Act allows a U.S. corporation a deduction equal to a certain percentage of its foreign-derived intangible income (“FDII”).  The Company has estimated the impact of the GILTI tax and FDII deduction in determining its annual effective tax rate that is reflected in its (benefit from) provision for income taxes since January 1, 2018.

 

As of December 31, 2020 and 2019, the amount of cash and cash equivalents and short-term investments held by the Company’s U.S. entities was $13.7 million and $289.4 million, respectively, and by the Company’s non-U.S. entities was $46.0 million and $276.2 million, respectively. The Company earns a significant amount of its revenues outside the United States and its accumulated undistributed foreign earnings and profits as of December 31, 2020 and 2019 were $136.3 million and $231.2 million, respectively.  Beginning in the third quarter of 2020, the Company no longer intends to indefinitely reinvest its foreign earnings and profits. After taking into account the Transition Tax and GILTI tax, the Company recorded tax expense of $1.7 million on undistributed foreign earnings related to foreign withholding tax and U.S. state income taxes in 2020.

Deferred income taxes reflect the net tax effects of the temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the Company’s deferred tax assets and liabilities (in thousands) were as follows for the periods indicated:

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

Deferred tax assets, net:

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

1,690

 

 

$

874

 

Tax credits

 

 

4,158

 

 

 

2,553

 

Intangible assets

 

 

1,707

 

 

 

1,878

 

Deferred revenue adjustment

 

 

408

 

 

 

423

 

Accrued compensation

 

 

6,527

 

 

 

6,257

 

Share-based compensation expense

 

 

11,410

 

 

 

14,182

 

Deferred rent

 

 

0

 

 

 

1,330

 

Digital asset impairment losses

 

 

19,843

 

 

 

0

 

Other

 

 

3,605

 

 

 

1,453

 

Deferred tax assets before valuation allowance

 

 

49,348

 

 

 

28,950

 

Valuation allowance

 

 

(1,259

)

 

 

(2,130

)

Deferred tax assets, net of valuation allowance

 

 

48,089

 

 

 

26,820

 

 

 

 

 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Prepaid expenses and other

 

 

1,792

 

 

 

1,693

 

Property and equipment

 

 

4,233

 

 

 

5,092

 

Debt discount, net of issuance costs

 

 

41,693

 

 

 

0

 

Deferred tax on undistributed foreign earnings

 

 

1,741

 

 

 

0

 

Method change

 

 

338

 

 

 

652

 

Total deferred tax liabilities

 

 

49,797

 

 

 

7,437

 

Total net deferred tax (liability) asset

 

$

(1,708

)

 

$

19,383

 

 

 

 

 

 

 

 

 

 

Reported as:

 

 

 

 

 

 

 

 

Non-current deferred tax assets, net

 

 

6,503

 

 

 

19,409

 

Non-current deferred tax liabilities

 

 

(8,211

)

 

 

(26

)

Total net deferred tax (liability) asset

 

$

(1,708

)

 

$

19,383

 

 

 

As of December 31, 2020, the Company had unrecognized income tax benefits of $4.6 million, recorded in “Other long-term liabilities” in the Company’s Consolidated Balance Sheets. The change in unrecognized income tax benefits (in thousands) is presented in the table below:

 

Unrecognized income tax benefits at January 1, 2020

 

$

1,563

 

Increase related to positions taken in prior period

 

 

2,580

 

Increase related to positions taken in current period

 

 

283

 

Decrease related to expiration of statute of limitations

 

 

(133

)

Unrecognized income tax benefits at December 31, 2020

 

 

4,293

 

Accrued interest

 

 

295

 

Unrecognized income tax benefits recorded in other long-term liabilities at December 31, 2020

 

$

4,588

 

 

 

If recognized, $4.3 million of the gross unrecognized income tax benefits would impact the Company’s effective tax rate.  Over the next 12 months, the amount of the Company’s liability for unrecognized income tax benefits shown above is not expected to change materially. The Company recognizes estimated accrued interest related to unrecognized income tax benefits in the benefit from income taxes. During the years ended December 31, 2020, 2019, and 2018, the Company released or recognized an immaterial amount of accrued interest.  The amount of accumulated accrued interest related to the above unrecognized income tax benefits was approximately $0.3 million and $0.2 million as of December 31, 2020 and 2019, respectively.

The Company files tax returns in numerous foreign countries as well as the United States and its tax returns may be subject to audit by tax authorities in all countries in which it files.  Each country has its own statute of limitations for making assessment of additional tax liabilities. In 2018, the Company settled the tax examination in China for tax years 2008 to 2016 without any material audit assessments. In 2019, the Company settled the tax examination in Italy for tax years 2013 to 2015 without any material audit assessments. The Company’s U.S. tax returns for tax years from 2016 and forward are subject to potential examination by the Internal Revenue Service.  However, due to the Company’s use of state NOL carryovers in the United States, state tax authorities may attempt to reduce or fully offset the amount of state NOL carryovers from tax years ended 2011 and forward that the Company used in later tax years. The Company’s major foreign tax jurisdictions and the tax years that remain subject to potential examination are Italy, Germany, and Poland for tax years 2016 and forward; Spain for tax years 2017 and forward, and the United Kingdom for tax years 2019 and forward.  To date there have been no material audit assessments related to audits in the United States or any of the applicable foreign jurisdictions.

The Company had no U.S. NOL carryforwards as of December 31, 2020 and 2019. The Company had $7.9 million and $4.1 million of foreign NOL carryforwards as of December 31, 2020 and 2019, respectively.

The Company’s valuation allowances of $1.3 million and $2.1 million at December 31, 2020 and 2019, respectively, primarily relate to certain foreign tax credit carryforward tax assets that, in the Company’s present estimation, more likely than not will not be realized.

In determining the Company’s provision for (benefit from) income taxes, net deferred tax assets, liabilities, and valuation allowances, management is required to make estimates and judgments related to projections of domestic and foreign profitability, the timing and extent of the utilization of NOL carryforwards, applicable tax rates, transfer pricing methods, and prudent and feasible tax planning strategies. As a multinational company, the Company is required to calculate and provide for estimated income tax liabilities for each of the tax jurisdictions in which it operates. This process involves estimating current tax obligations and exposures in each jurisdiction, as well as making judgments regarding the future recoverability of deferred tax assets. Changes in the estimated level of annual pre-tax income, changes in tax laws, particularly changes related to the utilization of NOLs in various jurisdictions, and changes resulting from tax audits can all affect the overall effective income tax rate which, in turn, impacts the overall level of income tax expense or benefit and net income.

Estimates and judgments related to the Company’s projections and assumptions are inherently uncertain. Therefore, actual results could differ materially from projections. Currently, the Company expects to use its deferred tax assets, subject to Internal Revenue Code limitations, within the carryforward periods. Valuation allowances have been established where the Company has concluded that it is more likely than not that such deferred tax assets are not realizable.  If the Company is unable to regain profitability in future periods, it may be required to increase the valuation allowance against the deferred tax assets, which could result in a charge that would materially adversely affect net (loss) income in the period in which the charge is incurred.