Income Taxes

The components of the Company’s income (loss) from continuing operations before income taxes, equity in non-consolidated affiliates and noncontrolling interests by taxing jurisdiction for the years ended December 31, were:



	2014			2013			2012
Income (Loss):
US	$	46,728		$	21,661		$	(36,644	)
Non-US	(31,619		)	(159,511		)	(27,884		)
	$	15,109		$	(137,850	)	$	(64,528	)

The provision (benefit) for income taxes by taxing jurisdiction for the years ended December 31, were:



	2014			2013			2012
Current tax provision
U.S. federal	$	—		$	—		$	—
U.S. state and local	907			213			802
Non-US	552			847			329
	1,459			1,060			1,131
Deferred tax provision (benefit):
U.S. federal	13,402			7,505			2,150
U.S. state and local	1,971			1,027			299
Non-U.S.	(4,410		)	(13,959		)	5,973
	10,963			(5,427		)	8,422
Income tax provision (benefit)	$	12,422		$	(4,367	)	$	9,553

A reconciliation of income tax expense (benefit) using the statutory Canadian federal and provincial income tax rate compared with actual income tax expense for the years ended December 31, is as follows:



	2014			2013			2012
Income (loss) from continuing operations before income taxes, equity in non-consolidated affiliates and noncontrolling interest	$	15,109		$	(137,850	)	$	(64,528	)
Statutory income tax rate	26.5		%	26.5		%	26.5		%
Tax expense (benefit) using statutory income tax rate	4,004			(36,530		)	(17,100		)
State and foreign taxes	1,459			1,060			1,131
Non-deductible stock-based compensation	1,982			24,357			7,699
Other non-deductible expense	2,151			942			1,176
Change to valuation allowance on items affecting taxable income	2,003			6,952			15,682
Effect of the change in tax rate	—			—			2,168
Effect of the difference in federal and statutory rates	2,222			(15		)	(793		)
Noncontrolling interests	(1,826		)	(1,712		)	(1,593		)
Other, net	427			579			1,183
Income tax expense (benefit)	$	12,422		$	(4,367	)	$	9,553
Effective income tax rate	82.2		%	(3.2		)%	14.8		%

See Note 10 for income taxes for discontinued operations.

The 2014 effective income tax rate was significantly higher than the statutory rate due primarily to non-deductible stock based compensation of $1,982, and an increase in the valuation allowance of $2,003 and the effect of the difference in the U.S. and foreign federal rates and the Canadian statutory rate of $2,222.

The 2013 effective income tax rate was significantly lower than the statutory rate due primarily to an increase in the valuation allowance of $6,952 and non-deductible stock based compensation of $24,357.

The 2012 effective income tax rate was significantly lower than the statutory rate due primarily to an increase in the valuation allowance of $15,682 and non-deductible stock based compensation of $7,699.

Income taxes receivable were $235 and $533 at December 31, 2014 and 2013, respectively, and were included in other current assets on the balance sheet. Income taxes payable were $5,368 and $4,907 at December 31, 2014 and 2013, respectively, and were included in accrued and other liabilities on the balance sheet. It is the Company’s policy to classify interest and penalties arising in connection with the under payment of income taxes as a component of income tax expense. For the years ended 2014, 2013, and 2012, income tax expense does not include any amounts for interest and penalties.

The tax effects of significant temporary differences representing deferred tax assets and liabilities at December 31, were as follows:



	2014			2013
Deferred tax assets:
Capital assets and other	$	45,496		$	36,449
Net operating loss carry forwards	39,525			41,947
Interest deductions	17,456			21,753
Refinancing charge	5,176			10,153
Deferred acquisition consideration	5,204			26,779
Stock compensation	1,561			1,433
Pension plan	3,597			—
Unrealized foreign exchange	6,954			2,372
Capital loss carry forwards	14,834			16,180
Accounting reserves	5,135			4,769
Gross deferred tax asset	144,938			161,835
Less: valuation allowance	(119,117		)	(137,961		)
Net deferred tax assets	25,821			23,874
Deferred tax liabilities:
Pension plan	—			(1,112		)
Deferred finance charges	(386		)	(420		)
Capital assets	(396		)	(178		)
Goodwill amortization	(77,603		)	(61,859		)
Total deferred tax liabilities	(78,385		)	(63,569		)
Net deferred tax asset (liability)	$	(52,564	)	$	(39,695	)
Disclosed as:
Deferred tax assets	$	25,480		$	23,380
Deferred tax liabilities	(78,044		)	(63,075		)
	$	(52,564	)	$	(39,695	)

Included in accrued and other liabilities at December 31, 2014 and 2013 is a deferred tax liability of $47 and $55, respectively. Included in other current assets at December 31, 2014 and 2013 is a deferred tax asset of $6,722 and $2,249, respectively.

The Company has U.S. federal net operating loss carry forwards of $51,043 and non-U.S. net operating loss carry forwards of $52,139, these carry forwards expire in years 2015 through 2031. The Company also has total indefinite loss carry forwards of $131,758. These indefinite loss carry forwards consist of $36,052 relating to the U.S. and $95,706 which are related to capital losses from the Canadian operations. In addition, the Company has net operating loss carry forwards for various state taxing jurisdictions of approximately $144,622.

The Company records a valuation allowance against deferred income tax assets when management believes it is more likely than not that some portion or all of the deferred income tax assets will not be realized. Management considers factors such as the reversal of deferred income tax liabilities, projected future taxable income, the character of the income tax asset; tax planning strategies, changes in tax laws and other factors. A change to these factors could impact the estimated valuation allowance and income tax expense.

The valuation allowance has been recorded to reduce our deferred tax asset to an amount that is more likely than not to be realized, and is based upon the uncertainty of the realization of certain US, non-U.S. and state deferred tax assets. The increase in the Company’s valuation allowance charged to the statement of operations for each of the years ended December 31, 2014, 2013 and 2012 was $2,003, $6,952 and $15,682, respectively. In addition, a benefit of $1,112 and an expense of $1,112 has been recorded in accumulated other comprehensive loss relating to the defined pension plan, for the year ended December 31, 2014 and 2013, respectively.

Deferred taxes are not provided for temporary differences representing earnings of subsidiaries that are intended to be permanently reinvested. The potential deferred tax liability associated with these undistributed earnings is not material.

As of December 31, 2014 and 2013, the Company recorded a liability for unrecognized tax benefits as well as applicable penalties and interest in the amount of $4,166. As of December 31, 2014, accrued penalties and interest included in unrecognized tax benefits were approximately $1,093. The Company identified an uncertainty relating to the future tax deductibility of certain intercompany interest and fees, to the extent that such future benefit will be established, the resolution of this position will have no effect with respect to the financial statements. If these unrecognized tax benefits were to be recognized, it would affect the Company's effective tax rate.



Changes in the Company’s reserve is as follows:
Balance at December 31, 2011	$	3,624
Charges to income tax expense	—
Settlement of uncertainty	(551		)
Balance at December 31, 2012	3,073
Charges to income tax expense	—
Balance at December 31, 2013	3,073
Charges to income tax expense	—
Balance at December 31, 2014	$	3,073

We do not expect our unrecognized tax benefits to change significantly over the next 12 months.

The Company has completed U.S. federal tax audits through 2006 and has completed a non-U.S. tax audit through 2004.