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INCOME TAXES
12 Months Ended
Dec. 31, 2021
INCOME TAXES  
INCOME TAXES

NOTE 5.           INCOME TAXES

The geographic distribution of pretax income from continuing operations was as follows:

Years Ended December 31, 

    

2021

    

2020

    

2019

Domestic

$

24,541

$

17,526

$

(20,597)

Foreign

 

124,170

 

140,621

 

87,791

$

148,711

$

158,147

$

67,194

The provision for income taxes from continuing operations is summarized as follows:

Years Ended December 31, 

    

2021

    

2020

    

2019

Current:

 

  

 

  

 

  

Federal

$

(2,468)

$

5,475

$

(9,627)

State

 

929

 

1,927

 

882

Foreign

 

14,217

 

16,216

 

18,429

Total current provision

12,678

23,618

9,684

Deferred:

 

  

 

  

 

  

Federal

762

(312)

3,822

State

 

(200)

 

1,270

 

(178)

Foreign

 

764

 

(1,580)

 

(2,629)

Total deferred provision (benefit)

 

1,326

 

(622)

 

1,015

Total provision for income taxes

$

14,004

$

22,996

$

10,699

Our effective tax rates differ from the U.S. federal statutory rate of 21% for the years ended December 31, 2021, 2020, and 2019 primarily due to the benefit of earnings in foreign jurisdictions which are subject to lower tax rates as well as reductions in uncertain tax positions and tax credits, offset by net U.S. tax on foreign operations, withholding taxes, and audit settlements.

The principal causes of the difference between the federal statutory rate and the effective income tax rate for each of the years below are as follows:

Years Ended December 31,

    

2021

    

2020

    

2019

Income taxes per federal statutory rate

$

31,229

$

33,211

$

14,111

State income taxes, net of federal deduction

534

2,793

10

U.S. tax on foreign operations

5,786

9,666

5,805

Foreign derived intangible income deduction

(3,927)

(4,070)

Tax effect of foreign operations

(11,520)

(20,527)

(13,086)

Uncertain tax positions

(6,899)

(3,215)

(4,487)

Audit settlements

7,764

Unremitted earnings

261

(567)

1,624

Tax credits

(6,149)

(2,292)

(2,088)

Change in valuation allowance

(73)

(1,175)

7,222

Withholding taxes

756

4,265

6,500

Executive compensation limitation

1,926

1,070

356

Other permanent items, net

(5,684)

3,837

(5,268)

Total provision for income taxes

$

14,004

$

22,996

$

10,699

Deferred tax assets and liabilities are recognized for the future tax consequences of differences between the carrying amounts of assets and liabilities and their respective tax bases using enacted tax rates in effect for the year in which the differences are expected to be reversed. Significant deferred tax assets and liabilities consist of the following:

Years Ended December 31, 

    

2021

    

2020

Deferred tax assets

 

  

 

  

Stock-based compensation

$

2,528

$

2,130

Net operating loss and tax credit carryforwards

 

54,210

 

57,590

Interest expense limitation

7,344

7,344

Pension obligation

 

10,778

 

14,297

Excess and obsolete inventory

 

3,325

 

3,722

Accrued restructuring

2,223

2,468

Deferred revenue

 

4,195

 

3,048

Employee bonuses and commissions

 

3,861

 

5,388

Amortization

 

26,358

 

28,786

Operating lease liabilities

19,405

20,267

Other

 

8,017

 

8,925

Deferred tax assets

 

142,244

 

153,965

Less: Valuation allowance

 

(42,051)

 

(46,702)

Net deferred tax assets

 

100,193

 

107,263

Deferred tax liabilities

 

 

  

Depreciation and amortization

 

37,515

 

40,266

Unremitted earnings

 

4,435

 

4,173

Operating lease right-of-use assets

17,558

18,731

Other

 

3,364

 

3,380

Deferred tax liabilities

 

62,872

 

66,550

Net deferred tax assets

$

37,321

$

40,713

Of the $37.3 million and $40.7 million net deferred tax asset on December 31, 2021 and 2020, respectively, $47.2 million and $50.8 million is reflected as a net non-current deferred tax asset and $9.9 million and $10.1 million is reflected as a long-term liability on December 31, 2021 and 2020, respectively.

As of December 31, 2021, we have recorded a valuation allowance on $4.0 million of our U.S. domestic deferred tax assets, largely attributable to state carryforward attributes that are expected to expire before sufficient income can be realized in those jurisdictions. The remaining valuation allowance on deferred tax assets approximates $38.0 million and is associated primarily with operations in Germany, Hong Kong, and Switzerland. As of December 31, 2021, there is not sufficient positive evidence to conclude that such deferred tax assets, presently reduced by a valuation allowance, will be recognized. The December 31, 2021 valuation allowance balance reflects a decrease of $4.7 million during the year. The change in the valuation allowance is primarily due to decreases from foreign exchange movements and current year activity.

As of December 31, 2021, we had U.S., foreign and state tax loss carryforwards of $56.9 million, $129.0 million, and $117.1 million, respectively. Additionally, we had $0.8 million and $30.5 million of capital loss and interest expense limitation carryforwards, respectively. Finally, we had U.S. and state tax credit carryforwards of $1.5 million and $1.7 million, respectively. The U.S. and state net operating losses, tax credits, and interest expense limitation are subject to various utilization limitations under Section 382 of the Internal Revenue Code and applicable state laws. These Section 382 limited attributes have various expiration periods through 2036 or, in the case of the interest expense limitation amount, no expiration period. Much of the foreign jurisdiction, and $8.0 million of the federal net operating loss carry forwards, have no expiration period.

We operate under a tax holiday in Singapore and China. These tax holidays are in effect through June 30, 2027 and December 31, 2022, respectively. The tax holiday is conditional upon our meeting certain employment and investment thresholds. The impact of the tax holidays decreased foreign taxes by $13.3 million and $13.0 million for 2021 and 2020, respectively. The benefit of the tax holiday on earnings per diluted share was $0.35 and $0.34 for 2021 and 2020, respectively.

As of December 31, 2021, we have undistributed earnings of certain foreign subsidiaries of approximately $32.4 million that we have indefinitely invested, and on which we have not recognized deferred taxes. Estimating the amount of potential tax is not practicable because of the complexity and variety of assumptions necessary to compute the tax.

We account for uncertain tax positions by applying a minimum recognition threshold to tax positions before recognizing these positions in the financial statements. The reconciliation of our total gross unrecognized tax benefits is as follows:

Years Ended December 31, 

    

2021

    

2020

    

2019

Balance at beginning of period

$

9,673

$

13,009

$

13,162

Additions based on tax positions taken during a prior period

 

963

 

219

 

484

Additions based on tax positions taken during a prior period - acquisitions

 

 

 

4,479

Additions based on tax positions taken during the current period

 

566

 

 

Reductions based on tax positions taken during a prior period

 

 

 

(4,295)

Reductions related to a lapse of applicable statute of limitations

 

(4,575)

 

(3,555)

 

(821)

Reductions related to a settlement with taxing authorities

 

(1,114)

 

 

Balance at end of period

$

5,513

$

9,673

$

13,009

The unrecognized tax benefits of $5.5 million, if recognized, will impact our effective tax rate. In accordance with our accounting policy, we recognize accrued interest and penalties related to unrecognized tax benefits as a component of tax expense. We had $0.4 million and $3.2 million of accrued interest and penalties on December 31, 2021 and 2020, respectively. With few exceptions, we are no longer subject to federal, state, or foreign income tax examinations by tax authorities for years before 2018.