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INCOME TAXES
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
INCOME TAXES

18.

INCOME TAXES:

The components of income before income taxes are as follows (in thousands):

 

 

 

Year ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

United States

 

$

69,595

 

 

$

54,338

 

 

$

60,485

 

Foreign

 

 

(997

)

 

 

(21,279

)

 

 

(1,158

)

Income before income tax

 

$

68,598

 

 

$

33,059

 

 

$

59,327

 

 

The components of the income tax expense are as follows (in thousands):

 

 

 

Year ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

Current income tax benefit (expense):

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(4,485

)

 

$

(1,018

)

 

$

 

State

 

 

(47

)

 

 

(2

)

 

 

(2

)

Foreign

 

 

(12,902

)

 

 

(10,224

)

 

 

(8,363

)

 

 

 

(17,434

)

 

 

(11,244

)

 

 

(8,365

)

Deferred income tax (expense) benefit:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(2,683

)

 

 

(7,145

)

 

 

(9,652

)

State

 

 

(503

)

 

 

51

 

 

 

575

 

Foreign

 

 

92

 

 

 

(43

)

 

 

(31

)

 

 

 

(3,094

)

 

 

(7,137

)

 

 

(9,108

)

Income tax expense

 

$

(20,528

)

 

$

(18,381

)

 

$

(17,473

)

 

Reconciliation of the statutory U.S. federal tax rate to the Company's effective tax rate is as follows:

 

 

 

Year ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

Statutory U.S. federal income tax rate

 

 

35.0

%

 

 

35.0

%

 

 

35.0

%

State income taxes, net of federal benefit

 

 

0.5

%

 

 

(0.1

)%

 

 

(0.4

)%

Effect of foreign operations

 

 

0.9

%

 

 

15.2

%

 

 

0.7

%

Accruals and reserves

 

 

3.2

%

 

 

0.0

%

 

 

(4.5

)%

Nondeductible employee compensation

 

 

1.5

%

 

 

2.5

%

 

 

0.5

%

Research tax credits

 

 

(1.3

)%

 

 

(4.4

)%

 

 

(2.5

)%

Change in valuation allowance

 

 

(9.7

)%

 

 

8.4

%

 

 

(0.4

)%

Other

 

 

(0.2

)%

 

 

(1.0

)%

 

 

1.0

%

Effective tax rate

 

 

29.9

%

 

 

55.6

%

 

 

29.4

%

As of December 31, 2016, the Company had net operating loss and credit carry forwards. The Company’s net operating loss carry forwards below differ from the Company's accumulated deficit principally due to the timing of the recognition of certain revenues and expenses. A portion of the Company’s tax credit carry forwards relate to tax deductions from stock-based compensation. Pursuant to Internal Revenue Code (IRC) sections 382 and 383, utilization of the Company’s federal and state net operating loss and tax credit carry forwards could be subject to an annual limitation because of certain ownership changes.

The following table summarizes Company tax loss and tax credit carry forwards for tax return purposes at December 31, 2016 (in thousands):

 

 

 

Related Tax Deduction

 

 

Tax Benefit

 

 

Expiration Date

Loss carry forwards:

 

 

 

 

 

 

 

 

 

 

Federal net operating loss

 

$

 

 

$

 

 

 

Foreign net operating loss

 

 

27,473

 

 

 

3,434

 

 

n/a

Total loss carry forwards

 

$

27,473

 

 

$

3,434

 

 

 

Tax credit carry forwards:

 

 

 

 

 

 

 

 

 

 

Research tax credits

 

n/a

 

 

$

12,696

 

 

2027 to 2036

Foreign tax credits

 

n/a

 

 

 

13,754

 

 

2023 to 2026

State research tax credits

 

n/a

 

 

 

2,383

 

 

2023 to 2030

Total credit carry forwards

 

n/a

 

 

$

28,833

 

 

 

 

The table of carryforwards for tax return purposes includes $75.6 million (tax benefit of $26.9 million) related to excess tax benefits which are not currently included in deferred tax assets on the consolidated balance sheet and are not recognized until the deduction reduces taxes payable (see below).

 

The tax loss and tax credit carryforwards for financial reporting purposes at December 31, 2016 were $3,434 of foreign net operating loss and $1,846 of state research credits.

 

In the first quarter of 2017, the Company will adopt ASU No. 2016-09, Improvements to Employee Share-Based Accounting, which includes provisions intended to simplify various aspects related to how share-based payments are accounted for and presented in the financial statements. Under current guidance, tax effects of deductions for employee share awards in excess of compensation cost ("windfalls") are recorded in equity in the period in which the deductions actually reduce income taxes payable and any unrecognized tax benefits are tracked separately off the balance sheet. Under the new guidance, excess tax benefits and deficiencies are to be recorded in the income statement in the period in which stock awards vest or are settled, and any excess tax benefits not previously recognized because the related tax deduction had not reduced current taxes payable, are to be recorded through a cumulative-effect adjustment to retained earnings at the beginning of the period of adoption.

 

The Company expects adoption of this standard to result in an increase of $26.9 million in deferred tax assets related to excess tax benefits not previously recognized because the related tax deductions had not reduced income taxes payable. The adjustment will be reflected as an increase to retained earnings as of January 1, 2017.

Significant components of the Company's net deferred tax assets and liabilities are as follows (in thousands):

 

 

 

December 31,

 

 

 

2016

 

 

2015

 

Deferred tax asset:

 

 

 

 

 

 

 

 

Net operating loss carry forwards

 

$

3,405

 

 

$

3,716

 

Capitalized technology license

 

 

4,163

 

 

 

3,922

 

Capitalized research expenditures

 

 

8,100

 

 

 

10,206

 

Accruals and reserves

 

 

1,112

 

 

 

3,275

 

Retirement plan

 

 

9,723

 

 

 

8,062

 

Deferred revenue

 

 

516

 

 

 

731

 

Tax credit carry forwards

 

 

1,846

 

 

 

7,973

 

Stock-based compensation

 

 

2,889

 

 

 

2,012

 

Other

 

 

874

 

 

 

1,857

 

 

 

 

32,628

 

 

 

41,754

 

Valuation allowance

 

 

(7,950

)

 

 

(14,483

)

Deferred tax assets

 

 

24,678

 

 

 

27,271

 

Deferred tax liability:

 

 

 

 

 

 

 

 

Acquisition goodwill

 

 

(185

)

 

 

 

Deferred tax liabilities

 

 

(185

)

 

 

 

Net deferred tax assets

 

$

24,493

 

 

$

27,271

 

During 2016, the Company retained the valuation allowance that relates to UDC Ireland and New Jersey research and development credits, but released the valuation allowance related to U.S. foreign tax credits by $6.5 million based on reassessment and tax planning.

During the years ended December 31, 2016, 2015 and 2014, the Company paid foreign taxes on South Korean royalty and license fee income of $12.4 million, $9.9 million and $8.3 million, respectively, which were recorded as current income tax expense. SDC has been required to withhold tax at a rate of 16.5% upon payment of royalties and license fees to the Company.