Income Taxes

The following table summarizes the provision (benefit) for U.S. federal, state, and foreign taxes on income from continuing operations:



	Year Ended December 31,
	2014			2013			2012
	(in thousands)
Current:
Federal	$	17,248		$	145		$	11,935
State and local	730			1,089			1,387
Foreign	20,205			21,860			19,448
Total current	38,183			23,094			32,770

Deferred:
Federal	(78,901		)	(16,413		)	12,195
State and local	(682		)	(2,472		)	468
Foreign	(52,610		)	(25,872		)	(32,293		)
Total deferred	(132,193		)	(44,757		)	(19,630		)

Change in valuation allowance	100,651			17,999			12,855
Total provision (benefit) for income taxes	$	6,641		$	(3,664	)	$	25,995

A reconciliation of income taxes at the U.S. federal statutory rate of 35% to the consolidated actual tax rate is as follows:



	Year Ended December 31,
	2014			2013			2012
	(in thousands)
Income (loss) before income taxes
Domestic	$	92,933		$	19,016		$	167,299
Foreign	(107,842		)	(167,270		)	(31,080		)
Total income (loss) before income taxes	$	(14,909	)	$	(148,254	)	$	136,219

Expected federal income tax provision (benefit)	$	(5,218	)	$	(51,889	)	$	47,677
Goodwill impairment	119			49,730			(1,905		)
Change in valuation allowance	100,651			17,999			12,855
Stock-based compensation	1,255			1,598			1,787
Foreign earnings ⁽¹⁾	(30,417		)	(15,655		)	(36,536		)
Tax credits	(91,148		)	(10,352		)	(2,174		)
Uncertain tax positions, including interest and penalties	974			1,360			(2,740		)
Change in tax rates	(20		)	1,442			174
State income tax provision (benefit), net of federal effect	(984		)	(2,291		)	1,242
U.S. tax provision on foreign earnings	31,309			(245		)	2,370
Domestic production activities deduction	(2,312		)	(146		)	(2,612		)
Local foreign taxes	2,295			3,212			3,635
Other, net	137			1,573			2,222
Total provision (benefit) for income taxes	$	6,641		$	(3,664	)	$	25,995


⁽¹⁾	Foreign earnings for all jurisdictions are classified as a single reconciling item to be consistent with the current year presentation.

Our tax provision as a percentage of loss before tax was 44.5% for 2014. Our actual tax rate differed from the 35% U.S. federal statutory tax rate due to various items. Our tax expense increased due to an increase in valuation allowances related to deferred tax assets for which we do not anticipate future realization. The following items decreased the tax provision: (1) recognition of research and experimentation credits for 2014; (2) earnings of our subsidiaries outside of the U.S. in jurisdictions where our statutory tax rate is lower than in the U.S.; (3) the benefit of certain interest expense deductions; and (4) benefits of certain acquisition related elections for tax purposes.

Our tax provisions for 2013 and 2012 reflect the benefits of lower statutory tax rates on foreign earnings as compared with our U.S. federal statutory rate, foreign interest expense deductions and the benefits of certain acquisition related elections for tax purposes. During 2013, no tax benefit was recorded for the nondeductible portion of the goodwill impairment charge. During 2012, we recognized a benefit related to the release of reserve for uncertain tax positions.

Deferred tax assets and liabilities consist of the following:



	At December 31,
	2014			2013
	(in thousands)
Deferred tax assets
Loss carryforwards⁽¹⁾	$	188,607		$	174,360
Tax credits⁽²⁾	81,903			16,073
Accrued expenses	54,393			40,593
Pension plan benefits expense	19,679			13,464
Warranty reserves	19,141			16,704
Depreciation and amortization	19,111			16,770
Equity compensation	10,039			9,908
Inventory valuation	4,420			2,942
Other deferred tax assets, net	8,968			9,858
Total deferred tax assets	406,261			300,672
Valuation allowance	(256,619		)	(161,026		)
Total deferred tax assets, net of valuation allowance	149,642			139,646

Deferred tax liabilities
Depreciation and amortization	(37,061		)	(50,606		)
Tax effect of accumulated translation	(568		)	(1,551		)
Other deferred tax liabilities, net	(2,299		)	(2,883		)
Total deferred tax liabilities	(39,928		)	(55,040		)
Net deferred tax assets	$	109,714		$	84,606

⁽¹⁾

For tax return purposes at December 31, 2014, we had U.S. federal loss carryforwards of $19.8 million that expire during the years 2020 and 2021. At December 31, 2014, we have net operating loss carryforwards in Luxembourg of $441.3 million that can be carried forward indefinitely, offset by a full valuation allowance. The remaining portion of the loss carryforwards are composed primarily of losses in various other foreign jurisdictions. The majority of these losses can be carried forward indefinitely. At December 31, 2014, there was a valuation allowance of $256.6 million primarily associated with foreign loss carryforwards and foreign tax credit carryforwards (discussed below).

⁽²⁾

For tax return purposes at December 31, 2014, we had: (1) U.S. general business credits of $18.2 million, which begin to expire in 2022; (2) U.S. alternative minimum tax credits of $2.5 million that can be carried forward indefinitely; and (3) U.S. foreign tax credits of $75.4 million, which begin to expire in 2019. At December 31, 2014, there was a valuation allowance of $58.5 million associated with foreign tax credit carryforward.

We record valuation allowances to reduce deferred tax assets to the extent we believe it is more likely than not that a portion of such assets will not be realized. In making such determinations, we consider all available positive and negative evidence, including scheduled reversals of deferred tax liabilities, projected future taxable income, tax planning strategies, and our ability to carry back losses to prior years. We are required to make assumptions and judgments about potential outcomes that lie outside management’s control. Our most sensitive and critical factors are the projection, source, and character of future taxable income. Although realization is not assured, management believes it is more likely than not that deferred tax assets, net of valuation allowance, will be realized. The amount of deferred tax assets considered realizable, however, could be reduced in the near term if estimates of future taxable income during the carryforward periods are reduced or current tax planning strategies are not implemented.

Our deferred tax assets at December 31, 2014 do not include the tax effect on $55.2 million of excess tax benefits from employee stock plan exercises. Common stock will be increased by $20.4 million when such excess tax benefits reduce cash taxes payable.

We do not provide U.S. deferred taxes on temporary differences related to our foreign investments that are considered permanent in duration. These temporary differences consist primarily of undistributed foreign earnings of $31.4 million and $22.5 million at December 31, 2014 and 2013, respectively. Foreign taxes have been provided on these undistributed foreign earnings. We have not computed the unrecognized deferred income tax liability on these temporary differences. There are many assumptions that must be considered to calculate the liability, thereby making it impractical to compute at this time.

We are subject to income tax in the United States and numerous foreign jurisdictions. Significant judgment is required in evaluating our tax positions and determining our provision for income taxes. During the ordinary course of business, there are many transactions and calculations for which the ultimate tax determination is uncertain. We establish reserves for tax-related uncertainties based on estimates of whether, and the extent to which, additional taxes will be due. These reserves are established when we believe that certain positions might be challenged despite our belief that our tax return positions are fully supportable. We adjust these reserves in light of changing facts and circumstances, such as the outcome of tax audits. The provision for income taxes includes the impact of reserve positions and changes to reserves that are considered appropriate.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):



Unrecognized tax benefits at January 1, 2012	$	28,482
Gross increase to positions in prior years	299
Gross decrease to positions in prior years	(51		)
Gross increases to current period tax positions	3,347
Audit settlements	(27		)
Decrease related to lapsing of statute of limitations	(5,769		)
Effect of change in exchange rates	152
Unrecognized tax benefits at December 31, 2012	$	26,433

Gross increase to positions in prior years	2,154
Gross decrease to positions in prior years	(536		)
Gross increases to current period tax positions	1,670
Audit settlements	—
Decrease related to lapsing of statute of limitations	(817		)
Effect of change in exchange rates	(289		)
Unrecognized tax benefits at December 31, 2013	$	28,615

Gross increase to positions in prior years	2,749
Gross decrease to positions in prior years	(1,641		)
Gross increases to current period tax positions	3,008
Audit settlements	—
Decrease related to lapsing of statute of limitations	(1,715		)
Effect of change in exchange rates	(2,870		)
Unrecognized tax benefits at December 31, 2014	$	28,146



	At December 31,
	2014		2013		2012
	(in thousands)
The amount of unrecognized tax benefits that, if recognized, would affect our effective tax rate	$	26,980	$	27,694	$	25,852

We classify interest expense and penalties related to unrecognized tax benefits and interest income on tax overpayments as components of income tax expense. The net interest and penalties expense (benefit) recognized is as follows:



	Year Ended December 31,
	2014			2013			2012
	(in thousands)
Net interest and penalties expense (benefit)	$	(76	)	$	(898	)	$	(414	)



	At December 31,
	2014		2013
	(in thousands)
Accrued interest	$	1,755	$	2,078
Accrued penalties	2,671		3,075

At December 31, 2014, we are under examination by certain tax authorities for the 2000 to 2012 tax years. The material jurisdictions where we are subject to examination for the 2000 to 2012 tax years include, among others, the U.S., France, Germany, Italy, Brazil and the United Kingdom. No material changes have occurred to previously disclosed assessments. We believe we have appropriately accrued for the expected outcome of all tax matters and do not currently anticipate that the ultimate resolution of these examinations will have a material adverse effect on our financial condition, future results of operations, or liquidity.

Based upon the timing and outcome of examinations, litigation, the impact of legislative, regulatory, and judicial developments, and the impact of these items on the statute of limitations, it is reasonably possible that the related unrecognized tax benefits could change from those recorded within the next twelve months. However, at this time, an estimate of the range of reasonably possible adjustments to the balance of unrecognized tax benefits cannot be made.

We file income tax returns in the U.S. federal jurisdiction and various states and foreign jurisdictions. We are subject to income tax examination by tax authorities in our major tax jurisdictions as follows:



Tax Jurisdiction		Years Subject to Audit
U.S. federal		Subsequent to 1999
France		Subsequent to 2009
Germany		Subsequent to 2007
Brazil		Subsequent to 2008
United Kingdom		Subsequent to 2011
Italy		Subsequent to 2007