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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

Note 9 Income Taxes

U.S. Tax Reform

The Tax Cuts and Jobs Act (“Tax Act”) was enacted on December 22, 2017.  The Tax Act reduced the U.S. federal corporate income tax rate from 35% to 21% beginning in 2018, required companies to pay a one-time transition tax on all offshore earnings that were previously tax deferred and created new taxes on certain foreign sourced earnings. In March 2018, the FASB issued ASU 2018-05, “Income Taxes – Amendments to SEC Paragraphs Pursuant to SEC Staff Accounting Bulletin No. 118”. The guidance provided for a provisional one-year measurement period for entities to finalize their accounting for certain tax effects related to the Tax Act.  As of December 31, 2017, the Company made a provisional estimate of $20,153 for the effects on our existing deferred tax balances, the one-time transition tax and our indefinite reinvestment assertion regarding foreign subsidiary earnings in accordance with the guidance. 

As of December 31, 2018, the Company evaluated the provisional amounts initially recorded for the year ended December 31, 2017 and recorded adjustments based on updates to the Company’s assumptions and the application of additional interpretative guidance as issued during 2018.  The adjustments are primarily a result of refining the net deferred tax asset position with the completion of our 2017 U.S. income tax return and changing tax accounting methods that affected the timing of certain US tax deductions.  These adjustments resulted in (i) a decrease in our existing deferred tax asset balances which resulted in an income tax expense of $4,950 and (ii) a net increase to the one-time transition tax which resulted in an income tax expense of $24,625.  No adjustment was required to the $9,578 tax benefit included in the provision for income taxes as of December 31, 2017 to offset the one-time transition tax related to the previous deferred tax liability that existed for the undistributed foreign earnings that were not permanently reinvested. As of December 31, 2018, the total income tax expense was $19,997 for the year ended December 31, 2017, as compared to the provisional estimate of $20,153. The Company also analyzed the impact of several new provisions of the Tax Act that became effective as of January 1, 2018, such as global intangible low-taxed income (“GILTI”) provision, foreign-derived intangible income (“FDII”) deduction, a new minimum tax related to payment to foreign subsidiaries and affiliates known as base erosion anti-abuse tax (“BEAT”), interest expense limitations under Internal Revenue Code (“IRC”) section 163(j), executive compensation limitations under IRC section 162(m) and various other provisions.

The GILTI provision imposes a tax on certain earnings of foreign subsidiaries.  U.S. GAAP allows companies to make an accounting policy election to either recognize deferred taxes for temporary basis differences expected to reverse as GILTI in future years or to provide for the tax expense related to GILTI in the year the tax is incurred.  We have elected to account for GILTI in the year the tax is incurred.

The deferred tax assets and deferred tax liabilities and related valuation allowance were comprised of the following:

 

 

December 31,

 

 

 

2019

 

 

2018

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating losses

 

$

17,881

 

 

$

7,666

 

Intangible assets

 

 

33,609

 

 

 

42,853

 

Research and development credits

 

 

9,752

 

 

 

8,211

 

Depreciation

 

 

7,223

 

 

 

6,321

 

Valuation reserves and accrued liabilities

 

 

7,196

 

 

 

4,849

 

Foreign tax credit

 

 

262

 

 

 

376

 

Stock compensation

 

 

3,485

 

 

 

4,128

 

Inventory

 

 

1,284

 

 

 

1,069

 

Patents

 

 

134

 

 

 

150

 

Defined benefit obligation

 

 

2,027

 

 

 

1,796

 

Other credits

 

 

11,491

 

 

 

3,701

 

Other

 

$

114

 

 

 

89

 

Total deferred tax asset

 

 

94,458

 

 

 

81,209

 

Valuation allowance

 

 

(28,763

)

 

 

(9,977

)

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Unrealized foreign currency exchange gains

 

 

(674

)

 

 

(554

)

Undistributed profits of subsidiary

 

 

(4,629

)

 

 

(4,352

)

Property and equipment

 

 

(3,366

)

 

 

(2,896

)

Other

 

 

(733

)

 

 

(583

)

Total deferred tax liability

 

 

(9,402

)

 

 

(8,385

)

Net deferred tax asset

 

$

56,293

 

 

$

62,847

 

Reconciliations between the statutory Federal income tax rate and the effective rate of income tax expense for each of the three years in the period ended December 31, 2019 are as follows:

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

 

2017

 

Statutory Federal income tax rate

 

 

21.0

%

 

 

21.0

%

 

 

34.0

%

Increase (decrease) resulting from:

 

 

 

 

 

 

 

 

 

 

 

 

Change in Valuation Allowance

 

 

30.7

%

 

 

(6.6

)%

 

 

10.6

%

Effect of different tax rates of foreign jurisdictions

 

 

(24.8

)%

 

 

(6.6

)%

 

 

(20.8

)%

US Tax Reform Items

 

 

4.3

%

 

 

10.8

%

 

 

29.1

%

Research and Development Credits

 

 

(2.3

)%

 

 

(2.5

)%

 

 

(4.6

)%

Non-deductible expenses

 

 

2.1

%

 

 

3.4

%

 

 

2.4

%

Foreign, state and local tax, net of Federal benefit

 

 

1.7

%

 

 

1.8

%

 

 

0.8

%

Tax effects of intercompany transfers

 

 

1.5

%

 

 

0.8

%

 

 

(5.0

)%

Undistributed profit of subsidiaries

 

 

1.2

%

 

 

1.2

%

 

 

5.8

%

Other

 

 

1.2

%

 

 

4.6

%

 

 

(1.0

)%

Stock Compensation Expense

 

 

0.0

%

 

 

0.0

%

 

 

(2.2

)%

Effective Rate

 

 

36.6

%

 

 

27.9

%

 

 

49.1

%

 

 

 

 

 

 


The Company has Net Operating Loss (“NOL”) carryforwards as follows:

Jurisdiction

 

Amount as of

December 31, 2019

 

 

Years of Expiration

U.S. Federal and state income tax

 

$

85,828

 

 

2020-2039

Foreign

 

$

13,153

 

 

2020-2024

Foreign

 

$

109,665

 

 

Never

 

A portion of the U.S. Federal NOLs was incurred prior to the June 8, 1999 Preferred Financing, which qualified as a change in ownership under Section 382 of the Internal Revenue Code (“IRC”). Due to this change in ownership, the NOL accumulated prior to the change in control can only be utilized against current earnings up to a maximum annual limitation of approximately $591. As a result of the annual limitation, approximately $19,349 in NOLs generated prior to the change in control have already expired without being utilized. No further NOL is available to be utilized in future periods.

We have incurred NOLs in various states associated with the benefits of the state dividends received reduction along with the foreign royalty exclusion.  The state net operating loss carryforwards expire at various dates from 2020 to 2039. Management has concluded that it is more likely than not that a majority of these NOLs will not be utilized, and thus has not recognized the benefit of these NOLs.

At December 31, 2019, certain non-U.S. subsidiaries have net operating loss carryforwards totaling $122,818. This amount includes $13,153 in NOLs that expire at various dates from 2020 through 2024 and the remaining $109,665 have no expiration date. The Company has a valuation allowance recorded against $110,012 of the total non-U.S. subsidiaries’ net operating loss carryforwards as of December 31, 2019.

The earnings before income taxes and our tax provision are comprised of the following:

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

 

2017

 

Income (loss) before income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Domestic

 

$

74,531

 

 

$

10,092

 

 

$

1,258

 

Foreign

 

 

(15,380

)

 

 

48,027

 

 

 

67,997

 

Total income before income taxes

 

$

59,151

 

 

$

58,119

 

 

$

69,255

 

 

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

 

2017

 

Current income tax expense (benefit):

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

262

 

 

$

340

 

 

$

4,140

 

State and local

 

 

94

 

 

 

(71

)

 

 

150

 

Foreign

 

 

17,672

 

 

 

9,224

 

 

 

24,672

 

Total current income tax expense

 

 

18,028

 

 

 

9,493

 

 

 

28,962

 

Deferred income tax expense (benefit):

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(2,490

)

 

 

(1,422

)

 

 

15,207

 

State and local

 

 

(1

)

 

 

20

 

 

 

2,308

 

Foreign

 

 

6,108

 

 

 

8,129

 

 

 

(12,449

)

Total deferred income tax expense

 

 

3,617

 

 

 

6,727

 

 

 

5,066

 

Total tax expense

 

$

21,645

 

 

$

16,220

 

 

$

34,028

 

 

 

As of December 31, 2019, deferred income taxes have not been provided on the undistributed earnings of the Company’s foreign subsidiaries since these earnings will not be taxable upon repatriation to the United States. These earnings will be primarily treated as previously taxed income from either the one-time transition tax or GILTI, or they will be offset with a 100% dividend received deduction.  However, the Company continues to provide a deferred tax liability for foreign withholding tax that will be incurred with respect to the undistributed foreign earnings that are not permanently reinvested.

The Company is subject to taxation in the United States and various state and foreign jurisdictions. As of December 31, 2019, the Company is no longer subject to U.S. Federal examinations by tax authorities for tax years before 2015 and is no longer subject to foreign examinations by tax authorities for tax years before 2012.

 

During 2015, to entice the Company to construct a new facility in Macedonia, the government of Macedonia granted the Company a tax holiday that released the Company from the obligation to pay corporate income taxes for a ten year period, subject to certain limitations.  The amount of corporate income tax savings realized by the Company as a result of this tax holiday during 2019 and 2018, respectively, was zero as a result of operating losses generated during previous periods. The aggregate dollar effect and per share effect of the corporate income tax holiday during 2019 and 2018 was, therefore, immaterial.

At December 31, 2019, 2018 and 2017, the Company had total unrecognized tax benefits of $3,795, $2,819 and $3,812, respectively, all of which, if recognized, would affect the effective income tax rates. The reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

 

2017

 

Balance at beginning of year

 

$

2,819

 

 

$

3,812

 

 

$

3,877

 

Additions based on tax position related to current year

 

 

661

 

 

 

221

 

 

 

1,758

 

Additions based on tax position related to prior year

 

 

352

 

 

 

423

 

 

 

(105

)

Reductions from settlements and statute of limitation expiration

 

 

 

 

 

(1,469

)

 

 

(2,247

)

Effect of foreign currency translation

 

 

(37

)

 

 

(168

)

 

 

529

 

Balance at end of year

 

$

3,795

 

 

$

2,819

 

 

$

3,812

 

 

The Company classifies income tax-related penalties and net interest as income tax expense.  In the years ended December 31, 2019, 2018 and 2017 income tax related interest and penalties were insignificant. It is reasonably possible that audit settlements, the conclusions of current examinations or the expiration of the statute of limitations in several jurisdictions could impact the Company’s unrecognized tax benefits. If recognized, all of the Company’s gross unrecognized tax benefits would affect the Company’s effective tax rate.