Note 7 – Income Taxes

Income from continuing operations before income taxes was generated in the following jurisdictions. For the year ended December 31, 2016, 2015, and 2014, domestic income excludes taxable intercompany dividend income of $8,825, $10,000, and $30,650, respectively.


	For the year ended December 31,
	2016			2015			2014
Domestic	$	(11,170	)	$	(5,007	)	$	(3,294	)
Foreign		22,595			55,905			41,214

Total	$	11,425		$	50,898		$	37,920

The provision for income taxes consists of the following:


	For the year ended December 31,
	2016			2015			2014
Current:
Federal	$	(90	)	$	-		$	-
State		5			1			42
Foreign		5,915			9,140			4,688

Total current		5,830			9,141			4,730

Deferred:
Federal		(2,985	)		338			(497	)
State		115			(135	)		361
Foreign		(2,097	)		(640	)		715

Total deferred		(4,967	)		(437	)		579

Total	$	863		$	8,704		$	5,309

The U.S. federal corporate tax rate varies with taxable income. Our U.S. statutory rate for 2016 and 2015 was 34%. For 2014, our U.S. statutory rate was 35%. The differences between the income tax provisions computed using the statutory federal income tax rate and the provisions for income taxes reported in the consolidated statements of operations are as follows:


	For the years ended December 31,
	2016			2015			2014
Expected tax at statutory rate	$	3,884		$	17,305		$	13,272
Foreign taxes at other rates		(7,512	)		(12,487	)		(9,107	)
US tax on foreign earnings, net of foreign tax credits		(405	)		1,968			(9	)
Valuation reserves on NOL carryforwards		3,816			469			2
State income taxes, net of federal benefit		83			26			140
Disallowed expenses and other		997			1,423			1,011

Total	$	863		$	8,704		$	5,309

Current deferred tax assets and long-term deferred tax liabilities are presented as separate line items in the balance sheet. Long-term deferred tax assets of $11,116 and $6,216 as of December 31, 2016 and 2015, respectively, are included in other assets. Deferred income tax balances are comprised of the following:


	As of December 31,
	2016			2015
Deferred tax assets:
U.S. foreign tax credit	$	7,027		$	3,309
Stock and long-term compensation plans		2,304			2,817
Foreign NOL & other carryforwards		16,340			13,771
US state NOL carryforwards		803			248
US alternative minimum tax		357			395
Deferred revenue		358			672
Pension liability, net		624			0
Reserve for uncertain tax issues		(445	)		(560	)
Amortization and depreciation		708			627
Accrued expenses and other		523			288

Total gross deferred tax assets		28,599			21,567
Less: Valuation allowance		(6,274	)		(13,719	)

Net deferred income tax assets	$	22,325		$	7,848

Deferred tax liabilities:
Swiss tax allowances	$	691		$	851
US tax on unremitted foreign earnings		424			137
Deferred revenue		-			901
Intangible assets		10,947			8,008

Deferred tax liabilities	$	12,062		$	9,897

Net deferred tax assets (liabilities)	$	10,263		$	(2,049	)

Long-term deferred tax assets and liabilities are netted by tax jurisdiction.

Earnings of certain subsidiaries are deemed available for distribution. At December 31, 2016 and 2015, unremitted foreign earnings available for distribution are $14,299 and $22,672, respectively. The deferred tax liability for the incremental U.S. tax to be paid upon remittance as dividends at December 31, 2016 and 2015 was $409 and $137, respectively.

The earnings of certain designated subsidiaries remain permanently invested. At December 31, 2016 and 2015, total unremitted foreign earnings considered permanently invested are $154,581 and $131,327, respectively. It is not practicable to estimate the incremental U.S. tax liability which would be incurred if these earnings were repatriated.

At December 31, 2016, we held $21,733 of cash in banks in the United States and $27,612 of cash in banks outside of the United States. Of the cash in banks outside of the United States, $27,332 is not subject to significant repatriation restrictions, but may be subject to tax upon repatriation. Cash in banks outside of the United States includes $17,151 held in tax jurisdictions where we consider retained earnings to be available for distribution and $10,461 held in jurisdictions where we consider retained earnings to be permanently invested.

A portion of tax benefits related to certain restricted stock and stock options were credited to additional paid-in capital. For the years ended December 31, 2015 and 2014, credits to additional paid-in capital were $318 and $253, respectively. With the adoption of ASU 2016-09, the tax impact for 2016 of $169 was recorded as an increase to the tax provision.

U.S. foreign tax credit carryforwards expiring in 2023 and 2026 were $2,940 and $4,087, respectively, at December 31, 2016. We have not provided a valuation reserve for the foreign tax credits as we believe it is more likely than not they will be realized due to our tax strategy to distribute foreign earnings to utilize foreign tax credits prior to expiration.

At December 31, 2016, we had foreign and state net operating loss (NOL) carryforwards and other foreign deductible carryforwards as shown in the following table;


	Carryforward		Expiration
NOL Carryforward
Canada	$	39,375		2024-2036
Other foreign		3,101		None
U.S. states		15,634		2017-2036

		58,110

Other Carryforwards
Canada		14,883		None
Other foreign		1,934		2017-2018

		16,817

	$	74,927

The net change in the valuation allowance for the years ended December 31, 2016 was a decrease of $7,445 and for the years ended December 31, 2015 and 2014, were increases of $11,219 and $101, respectively. This valuation allowance is reviewed on a regular basis and adjustments made as appropriate. The increase in the valuation allowance in 2015 reflects NOL and other carryforwards related to the eSignLive acquisition further described in Note 4. The decrease in the valuation allowance in 2016 reflects measurement period adjustments recorded for the eSignLive acquisition. The change in the valuation allowance also reflects other factors including, but not limited to, changes in our assessment of our ability to use existing NOLs and other deduction carryforwards, changes in currency rates, and adjustments to reflect differences between the actual returns filed and the estimates we made at financial reporting dates. The company expects to generate adequate taxable income to realize deferred tax assets in foreign jurisdictions where no valuation allowance exists.

We had accrued interest or penalties for income tax liabilities of $51 at December 31, 2016. There was none at December 31, 2015. Our policy is to record interest expense and penalties on income taxes as income tax expense.

ASC 740, Income Taxes sets a “more likely than not” criterion for recognizing the tax benefit of uncertain tax positions. As of December 31, 2016, 2015, and 2014, we had a reserve of $662, $560 and $560, respectively, of which $662, $560, and $560, respectively, would impact the effective tax rate, if recognized. As of December 31, 2016, $445 of the reserve is an offset to our deferred tax assets and $217 is included in income tax payable. As of December 31, 2015 and 2014, the reserve is an offset to our deferred tax assets.


	As of December 31,
	2016			2015		2014
Reserve at beginning of year	$	560		$	560	$	560
Increases related to prior year tax positions		217			-		-
Lapse of statute of limitations		(115	)		-		-

Total	$	662		$	560	$	560

Based on the possible expiration of the statute of limitations, it is reasonably possible that the liability for uncertain tax positions will change within the next twelve months. The associated tax impact on the effective tax rate is estimated to be a tax benefit of $445, with minimal cash payments.

Our primary tax jurisdictions and the earliest tax year subject to audit are presented in the following table.


Australia			2008
Austria			2010
Belgium			2014
Canada			2012
Netherlands			2011
Singapore			2011
Switzerland			2015
United States			2007