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Income Taxes
12 Months Ended
Dec. 31, 2023
Income Tax Disclosure [Abstract]  
Income Taxes
15.
Income Taxes

The United States and foreign components of income before income taxes and equity in earnings in affiliates are as follows:

 

 

 

2023

 

 

2022

 

 

2021

 

 

 

(In thousands)

 

Income before income taxes and equity in earnings in affiliates

 

 

 

 

 

 

 

 

 

United States

 

$

125,495

 

 

$

205,360

 

 

$

161,856

 

Foreign

 

 

12,553

 

 

 

24,460

 

 

 

30,966

 

Income before income taxes and equity in earnings in affiliates

 

$

138,048

 

 

$

229,820

 

 

$

192,822

 

 

The provision for income taxes consists of the following components:

 

 

 

2023

 

 

2022

 

 

2021

 

 

 

(In thousands)

 

Federal income taxes:

 

 

 

 

 

 

 

 

 

Current

 

$

23,107

 

 

$

25,699

 

 

$

20,006

 

Deferred

 

 

1,256

 

 

 

17,328

 

 

 

71,202

 

 

 

24,363

 

 

 

43,027

 

 

 

91,208

 

State income taxes:

 

 

 

 

 

 

 

 

 

Current

 

 

6,139

 

 

 

10,422

 

 

 

8,564

 

Deferred

 

 

766

 

 

 

3,960

 

 

 

18,587

 

 

 

6,905

 

 

 

14,382

 

 

 

27,151

 

Foreign income taxes (benefit):

 

 

 

 

 

 

 

 

 

Current

 

 

4,677

 

 

 

39,904

 

 

 

7,780

 

Deferred

 

 

(546

)

 

 

(34,414

)

 

 

(3,409

)

 

 

4,131

 

 

 

5,490

 

 

 

4,371

 

Total U.S. and foreign provision for income taxes

 

$

35,399

 

 

$

62,899

 

 

$

122,730

 

 

 

A reconciliation of the statutory U.S. federal tax rate of 21% and the effective income tax rate is as follows:

 

 

 

2023

 

 

2022

 

 

2021

 

 

 

(In thousands)

 

Provisions using statutory federal income tax rate

 

$

28,990

 

 

$

48,262

 

 

$

40,492

 

State income taxes, net of federal tax benefit

 

 

8,221

 

 

 

12,738

 

 

 

7,921

 

Change in valuation allowance

 

 

(3,292

)

 

 

(242

)

 

 

389

 

Federal tax credits

 

 

(1,733

)

 

 

(1,742

)

 

 

(1,414

)

Effect of tax rate differential in foreign jurisdictions

 

 

1,137

 

 

 

1,932

 

 

 

3,802

 

Tax impact of vested equity compensation

 

 

981

 

 

 

2,100

 

 

 

3,621

 

Impact of REIT termination

 

 

 

 

 

 

 

 

70,813

 

Change in contingent tax liability

 

 

27

 

 

 

452

 

 

 

(4,339

)

Asset divestiture

 

 

(1,529

)

 

 

(5,596

)

 

 

 

Other, net

 

 

2,597

 

 

 

4,995

 

 

 

1,445

 

Total provision for income taxes

 

$

35,399

 

 

$

62,899

 

 

$

122,730

 

 

 

The Company's effective tax rate differs from the U.S. statutory rate of 21% primarily due to the tax benefit from the release of valuation allowance of $3.3 million on certain state net operating losses in 2023, lower taxes on an asset divestiture in 2023 and 2022 of $1.5 million and $5.6 million, respectively, and non-cash tax expense related to the termination of the REIT status in 2021 of $70.8 million. Additionally, taxes differ due to state income taxes and foreign income taxes in excess of the US statutory rate in the presented periods. State income taxes, net of federal tax benefits of $8.2 million, $12.7 million and $7.9 million were incurred in 2023, 2022 and 2021, respectively.

The following table presents the breakdown between non-current net deferred tax assets as classified on the balance sheets as of December 31, 2023 and 2022:

 

 

 

2023

 

 

2022

 

 

 

(In thousands)

 

Deferred tax assets - non-current

 

$

8,551

 

 

$

8,005

 

Deferred tax liabilities - non-current

 

 

(77,369

)

 

 

(75,849

)

Total net deferred tax assets

 

$

(68,818

)

 

$

(67,844

)

 

The significant components of the Company's deferred tax assets and liabilities consisted of the following as of December 31, 2023 and 2022:

 

 

 

2023

 

 

2022

 

Deferred tax assets:

 

(In thousands)

 

Net operating losses

 

$

16,492

 

 

$

17,457

 

Accrued liabilities

 

 

20,408

 

 

 

34,333

 

Deferred compensation

 

 

16,812

 

 

 

14,437

 

Accrued compensation

 

 

9,485

 

 

 

6,928

 

Deferred revenue

 

 

1,446

 

 

 

1,654

 

Tax credits

 

 

3,376

 

 

 

4,423

 

Equity awards

 

 

3,537

 

 

 

3,322

 

Operating lease liability

 

 

26,627

 

 

 

23,556

 

Other, net

 

 

884

 

 

 

910

 

Valuation allowance

 

 

(19,105

)

 

 

(21,016

)

Total deferred tax assets

 

$

79,962

 

 

$

86,004

 

Deferred tax liabilities:

 

 

 

 

 

 

      Depreciation

 

$

(81,949

)

 

$

(85,402

)

Intangible assets

 

 

(41,329

)

 

 

(46,228

)

Prepaid expenses and other

 

 

(16

)

 

 

(16

)

Lease right-of-use assets

 

 

(25,486

)

 

 

(22,202

)

Total deferred tax liabilities

 

$

(148,780

)

 

$

(153,848

)

 

 

 

 

 

 

Total net deferred tax assets (liabilities)

 

$

(68,818

)

 

$

(67,844

)

 

Deferred income taxes should be reduced by a valuation allowance if it is not more likely than not that some portion or all of the deferred tax assets will be realized. On a periodic basis, management evaluates and determines the amount of the valuation allowance required and adjusts such valuation allowance accordingly. At year end 2023 and 2022, the Company has a valuation allowance of $19.1 million and $21.0 million, respectively related to deferred tax assets for foreign net operating losses and foreign tax credits, state net operating losses and state tax credits. The valuation allowance decreased by $1.9 million during the year ended December 31, 2023 related to certain deferred tax assets that were realized.

The Company provides income taxes on the undistributed earnings of non-U.S. subsidiaries except to the extent that such earnings are permanently invested outside the United States. At December 31, 2023, $9.1 million of accumulated undistributed earnings of non-U.S. subsidiaries were permanently invested outside the United States. At the existing U.S. federal income and applicable foreign withholding tax rates, additional taxes (net of foreign tax credits) of $0.5 million, consisting solely of withholding taxes, would have to be provided if such earnings were remitted currently.

At December 31, 2023, the Company had no Federal net operating loss carryforwards and $184.4 million of combined net operating loss carryforwards in various states which will begin to expire in 2024. The Company has recorded a partial valuation allowance against the deferred tax assets related to the state operating losses.

Also, as of the year ended December 31, 2023, the Company had $15.8 million of foreign net operating losses and $0.3 million foreign capital losses which carry forward indefinitely and $1.1 million of state tax credits which will begin to expire in 2024. The Company has recorded a partial valuation allowance against the deferred tax assets related to the foreign operating losses and state tax credits.

The Company recognizes the cost of employee services received in exchange for awards of equity instruments based upon the grant date fair value of those awards. The exercise of non-qualified stock options and vesting of restricted stock awards which have been granted under

the Company’s equity award plans give rise to compensation income which is includable in the taxable income of the applicable employees and the majority of which is deductible by the Company for federal and state income tax purposes. In the case of non-qualified stock options, the compensation income results from increases in the fair market value of the Company's common stock subsequent to the date of grant. At December 31, 2023, the deferred tax asset related to unexercised stock options and restricted stock grants for which the Company has recorded a book expense was $3.5 million.

The Company recognizes the financial statement benefit of a tax position only after determining that the relevant tax authority would more likely than not sustain the position following an audit. For tax positions meeting the more-likely-than-not threshold, the amount recognized in the financial statements is the largest benefit that has a greater than 50 percent likelihood of being realized upon ultimate settlement with the relevant tax authority.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:

 

 

 

2023

 

 

2022

 

 

2021

 

 

 

(In thousands)

 

Balance at Beginning of Period

 

$

1,520

 

 

$

1,105

 

 

$

5,623

 

Additions based on tax positions related to the current year

 

 

 

 

 

581

 

 

 

133

 

Additions for tax positions of prior years

 

 

75

 

 

 

57

 

 

 

57

 

Reductions as a result of a lapse of applicable statutes of limitations

 

 

(57

)

 

 

(223

)

 

 

(4,708

)

Balance at End of Period

 

$

1,538

 

 

$

1,520

 

 

$

1,105

 

 

All amounts in the reconciliation are reported on a gross basis and do not reflect a federal tax benefit on state income taxes. The Company has accrued $1.5 million of accrued uncertain tax benefits as of December 31, 2023 which is inclusive of the federal tax benefit on state income taxes. The Company believes that it is reasonably possible that a decrease may be necessary in the unrecognized tax benefits within twelve months of the reporting date of approximately $0.1 million, related to tax exposures, due to a lapse of the statute of limitation. The accrued uncertain tax balance at December 31, 2023 includes $1.5 million of unrecognized tax benefits which, if ultimately recognized, will reduce the Company’s annual effective tax rate.

The Company is subject to income taxes in the U.S. federal jurisdiction, and various states and foreign jurisdictions. Tax regulations within each jurisdiction are subject to the interpretation of the related tax laws and regulations and require significant judgment to apply. With few exceptions, the Company is no longer subject to U.S. federal, state and local, or non-U.S. income tax examinations by tax authorities for the years before 2019.

The calculation of the Company’s provision (benefit) for income taxes requires the use of significant judgment and involves dealing with uncertainties in the application of complex tax laws and regulations. In determining the adequacy of the Company’s provision (benefit) for income taxes, potential settlement outcomes resulting from income tax examinations are regularly assessed. As such, the final outcome of tax examinations, including the total amount payable or the timing of any such payments upon resolution of these issues, cannot be estimated with certainty.

 

During the year ended December 31, 2023, the Company recognized a net increase in interest of $0.3 million related to the

unrecognized tax benefits noted in the table above. There was no potential penalty recorded during the year ended December 31, 2023. The net decrease in interest during the year ended December 31, 2022 was not significant. During the year ended December 31, 2022, the Company recorded a potential penalty of $0.1 million. During the year ended December 31, 2021, the Company recognized a net decrease in interest expense of $0.2 million related to the change of unrecognized tax benefits noted in the table above. There was no potential penalty recorded during the year ended December 31, 2021.

 

The Company has approximately $0.4 million accrued for the payment of interest and penalties at December 31, 2023. The Company had approximately $0.1 million accrued for the payment of interest and penalties at December 31, 2022. The amount accrued for the payment of interest and penalties was not significant at December 31, 2021. The Company classifies interest and penalties as interest expense and operating expense, respectively.