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Income Taxes
12 Months Ended
Dec. 31, 2013
Income Taxes  
Income Taxes

9.  Income Taxes

 

Our income (loss) from continuing operations before income taxes in the accompanying Consolidated Statements of Operations consists of (in thousands):

 

 

 

Year ended December 31,

 

 

 

2013

 

2012

 

2011

 

Domestic

 

$

(84,942

)

$

5,811

 

$

230,204

 

Foreign

 

13,732

 

32,375

 

41,882

 

 

 

$

(71,210

)

$

38,186

 

$

272,086

 

 

Significant components of the provision (benefit) for income taxes from continuing operations are presented below (in thousands):

 

 

 

Year ended December 31,

 

 

 

2013

 

2012

 

2011

 

Current:

 

 

 

 

 

 

 

Federal

 

$

(21,022

)

$

2,515

 

$

59,921

 

Foreign

 

3,921

 

7,576

 

10,714

 

State and local

 

148

 

(317

)

805

 

Total current provision (benefit) for income taxes

 

(16,953

)

9,774

 

71,440

 

Deferred:

 

 

 

 

 

 

 

Federal

 

(11,589

)

(482

)

10,454

 

Foreign

 

(462

)

727

 

(1,073

)

State and local

 

57

 

1,638

 

763

 

Total deferred provision (benefit) for income taxes

 

(11,994

)

1,883

 

10,144

 

Total provision (benefit) for income taxes

 

$

(28,947

)

$

11,657

 

$

81,584

 

 

The following is a reconciliation of the income tax provision (benefit) computed using the Federal statutory rate to our actual income tax provision (in thousands):

 

 

 

Year ended December 31,

 

 

 

2013

 

2012

 

2011

 

Income tax provision (benefit) at U.S. statutory rates

 

$

(24,923

)

$

13,366

 

$

95,231

 

State income tax expense (benefit), net of federal impact

 

(1,554

)

(89

)

1,616

 

Nondeductible expenses

 

195

 

622

 

(749

)

Domestic production activities deduction

 

1,554

 

(489

)

(4,581

)

Nondeductible compensation

 

11

 

205

 

841

 

Research and development tax credit

 

(3,151

)

(3,013

)

(4,675

)

Net change in valuation allowance

 

2,420

 

2,943

 

121

 

Change in accrual for unrecognized tax benefits

 

577

 

533

 

824

 

Foreign tax rate differential

 

(4,275

)

(2,387

)

(5,225

)

Other

 

199

 

(34

)

(1,819

)

Total provision (benefit) for income taxes

 

$

(28,947

)

$

11,657

 

$

81,584

 

 

On January 2, 2013, the American Taxpayer Relief Act of 2012 was signed into law, and this legislation retroactively extended the research and development tax credit for 2 years, from January 1, 2012 through December 31, 2013. Income tax benefit for 2013 includes $1.9 million for the entire benefit of the research and development tax credit attributable to 2012.

 

During the fourth quarter of 2012, we determined that we may not meet the criteria required to receive a certain incentive tax rate pursuant to a negotiated tax holiday in one foreign jurisdiction. Although we are continuing to negotiate the criteria for the incentive, for financial reporting purposes we have recorded additional tax provisions of $0.9 million and $4.0 million in 2013 and 2012, respectively, totaling $4.9 million which represents the cumulative effect of calculating the tax provision using the incentive tax rate as compared to the foreign country’s statutory rate. If we successfully renegotiate the incentive criteria, this additional tax provision could be reversed as a future benefit in the period in which the successful negotiations are finalized.

 

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes.

 

On October 1, 2013, we acquired 100% of Synos’s total outstanding stock. In connection with the acquisition, we recorded a $32.4 million deferred tax liability related to the difference between the financial reporting amount and the tax basis of the assets acquired.

 

During 2012, we recorded a current tax benefit of $2.1 million related to equity-based compensation which was a credit to additional paid in capital. We did not record any tax benefits related to equity-based compensation during 2013.  We will credit $0.5 million to additional paid-in capital when the research and development credits are realized for financial reporting purposes.

 

Significant components of our deferred tax assets and liabilities are as follows (in thousands):

 

 

 

December 31,

 

 

 

2013

 

2012

 

Deferred tax assets:

 

 

 

 

 

Inventory valuation

 

$

6,983

 

$

6,386

 

Domestic net operating loss carry forwards

 

5,585

 

1,144

 

Tax credit carry forwards

 

12,566

 

4,145

 

Foreign net operating loss carry forwards

 

821

 

 

Warranty and installation accruals

 

3,002

 

2,174

 

Equity compensation

 

10,638

 

9,114

 

Other accruals

 

2,556

 

3,270

 

Other

 

1,160

 

760

 

Total deferred tax assets

 

43,311

 

26,993

 

Valuation allowance

 

(7,753

)

(4,708

)

Net deferred tax assets

 

35,558

 

22,285

 

 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

Purchased intangible assets

 

45,208

 

9,973

 

Undistributed earnings

 

1,737

 

1,095

 

Depreciation

 

4,711

 

7,014

 

Total deferred tax liabilities

 

51,656

 

18,082

 

Net deferred taxes

 

$

(16,098

)

$

4,203

 

 

No provision has been made as of December 31, 2013 for United States or additional foreign withholding taxes on approximately $101.0 million of undistributed earnings of our foreign subsidiaries because it is the present intention of management to permanently reinvest the undistributed earnings of our foreign subsidiaries in China, South Korea, Malaysia, Singapore and Taiwan. As it is our intention to reinvest those earnings permanently, it is not practicable to estimate the amount of tax that might be payable if they were remitted. In the fourth quarter of 2013, we changed our assertion relating to Japan and such earnings will no longer be permanently reinvested based on the future liquidation of our Japanese entity. We have provided deferred income taxes and future withholding taxes on the earnings that we anticipate will be remitted.

 

As of December 31, 2013, we have credit carry forwards of approximately $12.6 million for financial reporting purposes, consisting primarily of foreign tax credits, which expire between 2022 and 2023, federal research and development credits which expire between 2031 and 2033, and various state tax credits which expire at various dates through 2028.

 

Our valuation allowance of approximately $7.8 million as of December 31, 2013 increased by approximately $3.0 million during the year then ended. The increase relates primarily to state and local deferred tax assets of $1.6 million and foreign tax attributes of $1.4 million for which we could not conclude were realizable on a more-likely-than-not basis.

 

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

 

 

 

December 31,

 

 

 

2013

 

2012

 

Beginning balance as of December 31

 

$

5,818

 

$

4,748

 

Additions for tax positions related to current year

 

324

 

435

 

Reductions for tax positions related to current year

 

 

 

Additions for tax positions related to prior years

 

477

 

742

 

Reductions for tax positions related to prior years

 

(224

)

(59

)

Reductions due to the lapse of the applicable statute of limitations

 

 

(48

)

Settlements

 

(167

)

 

Ending balance as of December 31

 

$

6,228

 

$

5,818

 

 

We do not anticipate that our uncertain tax position will change significantly within the next twelve months subject to the completion of our ongoing federal tax audit and any resultant settlement.

 

Of the amounts reflected in the table above as of December 31, 2013, the entire amount if recognized would reduce our effective tax rate.  It is our policy to recognize interest and penalties related to income tax matters in income tax expense. The total accrual for interest and penalties related to unrecognized tax benefits was approximately $0.8 million and $0.5 million as of December 31, 2013 and 2012, respectively.

 

We or one of our subsidiaries file income tax returns in the United States federal jurisdiction and various state, local and foreign jurisdictions. All material federal income tax matters have been concluded for years through 2006 subject to subsequent utilization of net operating losses generated in such years. Our 2010 federal tax return is currently under examination. All material state and local income tax matters have been reviewed through 2008 with one state jurisdiction currently under examination for open tax years between 2007 and 2011. The majority of our foreign jurisdictions have been reviewed through 2009. Principally all of our foreign jurisdictions remain open with respect to the 2010 through 2013 tax years.