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Note 9 - Income Taxes
3 Months Ended
Mar. 31, 2018
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
9
. Income Taxes
 
The effective tax rate for the
first
quarter of
2018
was
19.3%
compared to an effective tax rate of
18.0%
in the
first
quarter of
2017.
The effective tax rate for the
first
quarter of
2017
was lower than the then applicable
35%
U.S. statutory tax rate primarily due to income earned in lower tax jurisdictions.
 
On
December 22, 2017,
the U.S. enacted legislation commonly referred to as the Tax Cuts and Jobs Act (the "Tax Act"). Among other things, the Tax Act reduces the U.S. corporate federal income tax rate from
35%
to
21%,
adds base broadening provisions which limit deductions and address excessive international tax planning, imposes a
one
-time tax (the “Toll Charge”) on accumulated earnings of certain non-U.S. subsidiaries and enables repatriation of earnings of non-U.S. subsidiaries free of U.S. federal income tax. Other than the Toll Charge (which, except for the IXYS impact, is applicable to the Company for
2017
), the provisions will generally be applicable to the Company in
2018
and beyond.
 
In accordance with the guidance provided in SEC Staff Accounting Bulletin (“SAB”)
No.
118,
in the
fourth
quarter of
2017
the Company recorded a charge of
$47
million as a provisional reasonable estimate of the impact of the Tax Act, including
$49
million for the Toll Charge net of
$2
million for other net tax benefits. The Company did
not
adjust the provisional reasonable estimate in the
first
quarter of
2018.
In addition, the Company recorded a preliminary estimate of
$10
million for the toll charge associated with the acquisition of IXYS. This adjustment was reflected in the opening balance sheet as an increase to goodwill and other long-term liabilities. The Company is continuing to analyze the Tax Act and plans to finalize the estimate within the measurement period outlined in SAB
No.
118.
The final charge
may
differ from the provisional reasonable estimate if provisions of the Tax Act, and their interaction with other provisions of the U.S. Internal Revenue Code, are interpreted differently than interpretations made by the Company in determining the estimate, whether through issuance of administrative guidance, or through further review of the Tax Act by the Company and its advisors. Aside from these interpretation issues, the final charge
may
differ from the provisional reasonable estimate due to refinements of accumulated non-U.S. earnings and tax pool data.
 
The Company recognized deferred tax liabilities of
$12.0
million (
$11.8
million for non-U.S. taxes and
$0.2
million for U.S. state taxes) as of
December 30, 2017
related to taxes on certain non-U.S. earnings which are
not
considered to be permanently reinvested. Some of these taxes
may
provide a U.S. federal income tax benefit as a foreign tax credit. However, due to uncertainty in regard to the Tax Act’s provisions,
no
such tax benefit was recorded as of
December 30, 2017,
and
no
such tax benefit was recorded in the
first
quarter of
2018.
The Company will reconsider this provisional conclusion when it finalizes its preliminary reasonable estimate of the impact of the Tax Act, based upon interpretations and administrative guidance as of that time.
 
One of the base broadening provisions of the Tax Act is commonly referred to as the “GILTI” provisions. In accordance with guidance issued by the FASB staff, the Company has
not
adopted an accounting policy for GILTI. Thus, deferred taxes were computed without consideration of the possible future impact of the GILTI provisions. The Company intends to adopt an accounting policy for GILTI within the measurement period outlined in SAB
118.
Although such an accounting policy has
not
been adopted, the Company considered GILTI when determining the current portion of income tax expense recorded for the
first
quarter of
2018.
 
Although certain administrative guidance has been issued, the appropriate application of many provisions of the Tax Act remain uncertain. The Company used its best judgement as to the application of these provisions in determining its income tax expense for the
first
quarter of
2018.