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Income Taxes

12 Months Ended

Dec. 31, 2021

Income Taxes

Income Taxes

Note 13 – Income Taxes

Income (loss) before income taxes was generated in the following jurisdictions:

​

​	​	​	​	​	​	​	​	​	​
​	​	For the year ended December 31,
​		2021			2020			2019
​	​	​	​	​	​	​	​	​	​
U.S.	​	$	(15,056)	​	$	1,046	​	$	3,223
Non-U.S.	​		(11,087)	​		(4,466)	​		11,186
Total	​	$	(26,143)	​	$	(3,420)	​	$	14,409

​

For the years ended December 31, 2021, 2020, and 2019, domestic income excludes intercompany dividend income of $0 million, $38.0 million, and $6.3 million, respectively. The provision (benefit) for income taxes consists of the following:

​

​	​	​	​	​	​	​	​	​	​
​	​	For the year ended December 31,
​		2021			2020			2019
Current:		​			​			​
Federal	​	$	(11)	​	$	1,715	​	$	433
State	​		(23)	​		49	​		107
Foreign	​		2,478	​		1,758	​		7,629
Total current	​		2,444	​		3,522	​		8,169
​	​	​	​	​	​	​	​	​	​
Deferred:	​			​			​
Federal	​		3,774	​		1,385	​		(970)
State	​		(3)	​		(24)	​		24
Foreign	​		(1,774)	​		(2,848)	​		(678)
Total deferred	​		1,997	​		(1,487)	​		(1,624)
Total	​	$	4,441	​	$	2,035	​	$	6,545

​

For 2021, 2020, and 2019, our U.S. federal statutory rate was 21%. 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 year ended December 31,
​		2021			2020			2019
​	​	​	​	​	​	​	​	​	​
Expected tax at statutory rate	​	$	(5,490)	​	$	(718)	​	$	3,026
Foreign taxes at other rates	​		307	​		(309)	​		(914)
Valuation allowance changes	​		15,019	​		2,617	​		2,042
Global intangible low-taxed income inclusion	​	​	—	​	​	339	​	​	(27)
State income taxes, net of federal benefit	​		(811)	​		32	​		108
Uncertain tax positions	​	​	12	​	​	235	​	​	1,845
Research credits	​	​	(3,466)	​	​	(1,029)	​	​	—
Disallowed expenses and other	​		(1,130)	​		868	​		465
Total	​	$	4,441	​	$	2,035	​	$	6,545

​

Significant components of our deferred tax assets and liabilities are as follows:

​

​	​	​	​	​	​	​
​	​	As of December 31,
​		2021			2020
Deferred tax assets:		​			​
Stock and long-term compensation plans	​	$	1,337	​	$	2,450
Foreign NOL & other carryforwards	​		38,153	​		29,267
US and state NOL carryforwards	​		5,539	​		718
Deferred revenue	​		2,068	​		671
Pension liability	​		1,547	​		2,074
Amortization and depreciation	​	​	257	​	​	167
Lease liability	​		3,171	​		3,837
Accrued expenses and other	​		1,157	​		1,264
Total gross deferred tax assets	​		53,229	​		40,448
Less: Valuation allowance	​		(34,979)	​		(19,992)
Net deferred income tax assets	​	$	18,250	​	$	20,456
​	​	​	​	​	​	​
Deferred tax liabilities:	​			​
Accruals	​	$	231	​	$	286
Tax on unremitted foreign earnings	​		1,357	​		1,809
Right of use asset	​	​	2,872	​	​	3,251
Intangible assets	​		5,225	​		6,135
Tax on credits	​	​	3,439	​	​	2,241
Contract acquisition costs	​	​	2,626	​	​	1,616
Deferred tax liabilities	​	$	15,750	​	$	15,338
​	​	​	​	​	​	​
Net deferred tax assets (liabilities)	​	$	2,500	​	$	5,118
​	​	​	​	​	​	​

​

Deferred tax assets and liabilities are netted by tax jurisdiction.

At December 31, 2021, 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	​	$	40,759		2027-2039
United States	​	​	19,113	​	None
United Kingdom	​	​	9,730	​	None
Switzerland	​	​	10,688	​	2028
Other foreign	​		6,501		None
Canada province	​	​	40,730	​	2027-2039
U.S. states	​		21,091		2021-2041
​	​		148,612		​
Other Carryforwards	​				​
United States credit	​	​	390	​	2031
Canada	​		36,141		None
Canada province	​	​	50,272	​	None
Capital loss	​	​	407	​	None
Canada credits	​		7,227		2023-2041
Canada province credits	​	​	3,052	​	2036-2041
​	​		97,489
​	​	​	​	​	​
​	​	$	246,101

​

The valuation allowance against the net deferred tax assets as of December 31, 2021 and 2020 was $35.0 million and $20.0 million, respectively.

The Company recorded changes in valuation allowance of $15.0 million and $2.7 million, as of December 31, 2021 and 2020, respectively, against deferred tax assets that, based on Management’s assessment are considered not to be more likely than not to be realized. The increase in the valuation allowance in 2021 reflects Net Operating Losses (“NOLs”), other deduction carryforwards, and credits for which the realization is not more likely than not. The change in valuation allowance also reflects other factors including, but not limited to, changes in Management’s assessment of the ability to use existing deferred tax assets, including NOLs and other deduction carryforwards.

Management assesses the need for a valuation allowance on a regular basis, weighing all positive and negative evidence to determine whether a deferred tax asset will be fully or partially realized. In evaluating the realizability of deferred tax assets, significant pieces of negative evidence such as 3-year cumulative losses are considered. Management also reviewed reversal patterns of temporary differences to determine if the Company would have sufficient taxable income due to the reversal of temporary differences to support the realization of deferred tax assets. In 2021 Management made the decision to establish a valuation allowance against certain deferred tax assets in jurisdictions that were not previously valued as the deferred tax assets were no longer more likely than not to be realized. Management continues to maintain a valuation allowance against certain deferred tax assets in other jurisdictions where assets had been previously valued. For all other remaining deferred tax assets, Management believes it is still more likely than not that the results of future operations will generate sufficient taxable income to realize the deferred tax assets.

Our policy is to record interest and penalties on income taxes as income tax expense. We provided less than $0.1 million in 2021, less than $0.1 million in 2020 and $0.2 million during 2019.

ASC 740, Income Taxes sets a “more likely than not” criterion for recognizing the tax benefit of uncertain tax positions. As of December 31, 2021, 2020, and 2019, we had reserves of $0.5 million, $0.5 million, and $2.9 million, respectively.

​

​	​	​	​	​	​	​	​	​	​
​	​	As of year ended December 31,
​		2021			2020			2019
Reserve at beginning of year	​	$	500	​	$	2,923	​	$	427
Increases related to prior year tax positions	​		12	​		277	​		2,500
Decreases related to prior year tax positions	​	​	—	​	​	(37)	​	​	—
Lapse of statute of limitations	​		—	​		—	​		(4)
Settlement	​	​	—	​	​	(2,663)	​	​	—
Total	​	$	512	​	$	500	​	$	2,923

​

We file income tax returns in the U.S. federal jurisdiction and in many state and foreign jurisdictions. We are subject to examination of our income tax returns by the IRS and other tax authorities.

We believe that an adequate provision has been made for any adjustments that may result from tax examinations. However, the outcome of tax audits cannot be predicted with certainty. If any issues addressed in our tax audits are resolved in a manner not consistent with management's expectations, we could be required to adjust our provision for income taxes in the period such resolution occurs. Included in the balance of unrecognized tax benefits as of December 31, 2021 is $0.5 million, of tax benefits that, if recognized, would affect the effective tax rate.

We estimate that our unrecognized tax benefits as of December 31, 2021 could decrease by as much as $0.5 million in the next 12 months.

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

​

​	​	​
Australia		2013
Austria		2015
Belgium		2017
Canada		2017
Netherlands		2016
Singapore		2016
Switzerland		2019
United Kingdom	​	2019
United States		2017

​

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- Definition

The entire disclosure for income taxes. Disclosures may include net deferred tax liability or asset recognized in an enterprise's statement of financial position, net change during the year in the total valuation allowance, approximate tax effect of each type of temporary difference and carryforward that gives rise to a significant portion of deferred tax liabilities and deferred tax assets, utilization of a tax carryback, and tax uncertainties information.

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