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INCOME TAXES
12 Months Ended
Dec. 31, 2014
INCOME TAXES  
INCOME TAXES

 

14.INCOME TAXES

 

The domestic and foreign components of the Company’s income (loss) before provision for income taxes are as follows:

 

 

 

Year Ended December 31,

 

 

2014

 

 

2013

 

2012

Domestic*

 

$

711,917

 

 

$

596,899

 

 

$

568,225

 

Foreign*

 

33,871

 

 

(33,005

)

 

(19,071

)

Income before provision for income taxes

 

$

745,788

 

 

$

563,894

 

 

$

549,154

 

 

*After intercompany royalties, management fees and interest charges from the Company’s domestic to foreign entities of $34.9 million, $25.9 million and $22.9 million for the years ended December 31, 2014, 2013 and 2012, respectively.

 

Components of the provision for income taxes are as follows:

 

 

 

Year Ended December 31,

 

 

2014

 

2013

 

2012

Current:

 

 

 

 

 

 

 

 

 

Federal

 

$

228,348

 

 

$

191,596

 

 

$

177,372

 

State

 

36,633

 

 

36,662

 

 

30,268

 

Foreign

 

7,467

 

 

4,052

 

 

3,951

 

 

 

272,448

 

 

232,310

 

 

211,591

 

 

 

 

 

 

 

 

 

 

 

Deferred:

 

 

 

 

 

 

 

 

 

Federal

 

(8,473

)

 

(7,441

)

 

(743

)

State

 

(442

)

 

(1,443

)

 

(483

)

Foreign

 

3,476

 

 

(9,694

)

 

(7,373

)

 

 

(5,439

)

 

(18,578

)

 

(8,599

)

 

 

 

 

 

 

 

 

 

 

Valuation allowance

 

(4,406

)

 

11,501

 

 

6,142

 

 

 

$

262,603

 

 

$

225,233

 

 

$

209,134

 

 

The differences in the total provision for income taxes that would result from applying the 35% federal statutory rate to income before provision for income taxes and the reported provision for income taxes are as follows:

 

 

 

Year Ended December 31,

 

 

2014

 

 

2013

 

2012

U.S. Federal tax expense at statutory rates

 

$

261,025

 

 

$

197,363

 

 

$

192,204

 

State income taxes, net of federal tax benefit

 

23,859

 

 

22,640

 

 

20,252

 

Permanent differences

 

4,816

 

 

936

 

 

5,968

 

Domestic production deduction

 

(20,607

)

 

(16,039

)

 

(15,469

)

Other

 

(1,267

)

 

266

 

 

(388

)

Foreign rate differential

 

(817

)

 

8,566

 

 

425

 

Valuation allowance

 

(4,406

)

 

11,501

 

 

6,142

 

 

 

$

262,603

 

 

$

225,233

 

 

$

209,134

 

 

Major components of the Company’s deferred tax assets (liabilities) at December 31 are as follows:

 

 

 

2014

 

 

2013

 

Deferred Tax Assets:

 

 

 

 

 

 

Reserve for sales returns

 

$

289

 

 

$

583

 

Reserve for doubtful accounts

 

36

 

 

62

 

Reserve for inventory obsolescence

 

3,030

 

 

2,060

 

Reserve for marketing development fund

 

9,118

 

 

9,470

 

Capitalization of inventory costs

 

2,527

 

 

1,949

 

State franchise tax

 

8,160

 

 

6,043

 

Accrued compensation

 

-

 

 

867

 

Accrued other liabilities

 

3,503

 

 

4,871

 

Deferred revenue

 

47,319

 

 

50,813

 

Stock-based compensation

 

25,268

 

 

21,963

 

Securities impairment

 

288

 

 

273

 

Foreign net operating loss carryforward

 

17,256

 

 

19,346

 

Prepaid supplies

 

4,195

 

 

4,639

 

Gain on intercompany transfer

 

8,347

 

 

-

 

Total gross deferred tax assets

 

$

129,336

 

 

$

122,939

 

 

 

 

 

 

 

 

Deferred Tax Liabilities:

 

 

 

 

 

 

Amortization of trademarks

 

$

(11,923

)

 

$

(10,393

)

Unrealized gain on available-for-sale investments

 

-

 

 

-

 

Other deferred tax liabilities

 

(327

)

 

(94

)

Depreciation

 

(5,022

)

 

(5,828

)

Total gross deferred tax liabilities

 

(17,272

)

 

(16,315

)

 

 

 

 

 

 

 

Valuation Allowance

 

(17,683

)

 

(22,089

)

 

 

 

 

 

 

 

Net deferred tax assets

 

$

94,381

 

 

$

84,535

 

 

During the years ended December 31, 2014, 2013 and 2012, the Company established full valuation allowances against certain deferred tax assets, resulting from cumulative net operating losses incurred by certain foreign subsidiaries of the Company. The effect of the valuation allowances and the subsequent related impact on the Company’s overall tax rate was to (decrease) increase the Company’s provision for income taxes by ($4.4) million, $10.8 million and $6.1 million for the years ended December 31, 2014, 2013 and 2012, respectively. At December 31, 2014, the Company had net operating loss carryforwards of approximately $78.5 million. Of this amount, $65.0 million may be carried forward indefinitely. The remaining $13.5 million will begin to expire in 2017.

 

The following is a rollforward of the Company’s total gross unrecognized tax benefits, not including interest and penalties, for the years ended December 31, 2014, 2013 and 2012:

 

 

 

Gross Unrealized Tax
Benefits

 

Balance at January 1, 2012

 

  $

1,910 

 

Additions for tax positions related to the current year

 

-

 

Additions for tax positions related to the prior year

 

520 

 

Decreases for tax positions related to prior years

 

(1,504)

 

Balance at December 31, 2012

 

  $

926 

 

Additions for tax positions related to the current year

 

-

 

Additions for tax positions related to the prior year

 

 

Decreases for tax positions related to prior years

 

-

 

Balance at December 31, 2013

 

  $

935 

 

Additions for tax positions related to the current year

 

-

 

Additions for tax positions related to the prior year

 

-

 

Decreases for tax positions related to prior years

 

-

 

Balance at December 31, 2014

 

  $

935 

 

 

The Company recognizes accrued interest and penalties related to unrecognized tax benefits in the provision for income taxes in the Company’s consolidated financial statements. As of December 31, 2014, the Company had accrued approximately $0.4 million in interest and penalties related to unrecognized tax benefits. If the Company were to prevail on all uncertain tax positions it would not have a significant impact on the Company’s effective tax rate.

 

It is expected that the amount of unrecognized tax benefit change within the next 12 months will not be significant.

 

The Company is subject to U.S. federal income tax as well as to income tax in multiple state and foreign jurisdictions.

 

On March 8, 2013, the Internal Revenue Service (“IRS”) began its examination of the Company’s U.S. federal income tax returns for the years ended December 31, 2010 and 2011. The Company is also in various stages of examination with certain states. The 2012 and 2013 U.S. federal income tax returns are subject to IRS examination. State income tax returns are subject to examination for the 2010 through 2013 tax years.