14.

Income taxes

Income from continuing operations before provision for income taxes consisted of:


	Year Ended December 31,
(US$ in thousands)	2013			2012		2011
	(Restated)			(Restated)		(Restated)
U.S.	$	(3,546	)	$	56,210	$	4,730
Non-U.S.		(7,057	)		12,855		(6,093	)

Total income before taxes	$	(10,603	)	$	69,065	$	(1,363	)

The provision for (benefit from) income taxes on continuing operations in the accompanying consolidated statements of operations consists of the following:


	Year Ended December 31,
(US$ in thousands)	2013			2012		2011
	(Restated)			(Restated)		(Restated)
U.S.
Current	$	2,465		$	16,982	$	26,273
Deferred		4,013			2,675		(13,241	)

Total U.S		6,478			19,657		13,032
Non-U.S.
Current		2,308			3,191		2,111
Deferred		(1,184	)		1,096		(700	)

		1,124			4,287		1,411

Total tax expense	$	7,602		$	23,944	$	14,443

The tax effects of the significant temporary differences, which comprise the deferred tax assets and liabilities, are as follows:


(US$ in thousands)	2013			2012
	(Restated)			(Restated)
Intangible assets and goodwill	$	4,798		$	5,338
Inventories and related reserves		20,769			19,626
Deferred revenue and cost of goods sold		11,577			12,336
Other accruals and reserves		4,778			6,149
Accrued compensation		3,942			3,791
Allowance for doubtful accounts		2,040			1,542
Accrued interest		18,063			17,995
Net operating loss carryforwards		34,979			27,231
Other, net		893			590

		101,839			94,598
Valuation allowance		(31,772	)		(26,361	)

Deferred tax asset	$	70,067		$	68,237

Withholding taxes		(13,026	)		(11,351	)
Property, plant and equipment		(7,674	)		(8,226	)

Deferred tax liability		(20,700	)		(19,577	)

Net deferred tax assets	$	49,367		$	48,660


Reported as:
Current deferred tax assets		39,999			38,487
Non-current deferred tax assets		22,394			21,523

Current deferred tax liability		—			—
Non-current deferred tax liability		(13,026	)		(11,350	)

Net deferred tax assets	$	49,367		$	48,660

The valuation allowance as of December 31, 2013 and 2012 was $31.8 million and $26.4 million, respectively. The net increase in the valuation allowance of $5.4 million during the year principally relates to certain current period foreign losses not benefitted. The valuation allowance is attributable to net operating loss carryforwards and certain temporary differences in certain foreign jurisdictions, the benefit for which is dependent upon the generation of future taxable income in those foreign jurisdictions. In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion, or all, of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and tax planning strategies in making this assessment. Based upon the level of historical taxable income and projections for future taxable income over the periods in which the deferred tax assets are deductible, management believes it is more likely than not the Company will realize the benefits of these temporary differences, net of the existing valuation allowances at December 31, 2013.

The Company has state net operating loss carryforwards of approximately $24.5 million that will begin to expire in 2014. The Company has net operating losses of foreign taxing jurisdictions of approximately $120.4 million with the majority of the losses related to the Company’s Netherlands operations expiring in various amounts in tax years beginning in 2014. The Company has provided a valuation allowance against a significant portion of these net operating loss carryforwards since it does not believe that this deferred tax asset can be realized prior to expiration.

The rate reconciliation for continuing operations presented below is based on the U.S. federal income tax rate, rather than the parent company’s country of domicile tax rate. Management believes, given the large proportion of taxable income earned in the United States, such disclosure is more meaningful.


(US$ in thousands, except percentages)	2013						2012						2011
	Amount			Percent			Amount			Percent			Amount			Percent
	(Restated)			(Restated)			(Restated)			(Restated)			(Restated)			(Restated)
Statutory U.S. federal income tax rate	$	(3,711	)		35.0	%	$	24,179			35.0	%	$	(477	)		35.0	%
State taxes, net		2,039			(19.2	)%		2,536			3.7	%		1,809			(132.7	)%
Foreign rate differential		(510	)		4.8	%		(2,894	)		(4.2	)%		1,549			(113.6	)%
Valuation allowance—foreign losses		3,913			(36.9	)%		6,189			9.0	%		4,924			361.3	%
Italian subsidiary intangible		(2,288	)		21.6	%		(2,214	)		(3.2	)%		(2,421	)		177.6	%
Goodwill impairment		6,452			(60.9	)%		—			—			—			—
Domestic manufacturing deduction		(233	)		2.2	%		(1,567	)		(2.3	)%		(1,703	)		125.0	%
Withholding taxes		1,676			(15.8	)%		1,679			2.4	%		1,676			(123.0	)%
Settlement of U.S. Government resolutions		—			—			(1,260	)		(1.8	)%		9,520			(698.5	)%
Other items, net		264			(2.5	)%		(2,704	)		(3.9	)%		(434	)		31.9	%

Income tax expense/effective rate	$	7,602			(71.7	)%	$	23,944			34.7	%	$	14,443			(1,059.6	)%

The income tax expense and effective tax rate for the year ended 2013 reflect a disproportionate ratio to the $23.9 million of income tax expense and effective tax rate of 34.7% for the tax year ended 2012. The principal factors affecting the Company’s effective tax rate were the company’s mix of earnings amongst various tax jurisdictions, state taxes, and the impairment of $18.4 million in non-deductible goodwill. For the years ended 2012 and 2011, the Company did not record a tax benefit on certain expenses associated with the Company’s estimate of the charges related to U.S. Government resolutions.

On January 2, 2013 the American Taxpayer Relief Act of 2012 (“ACT”) was enacted. The ACT provides tax relief for business by reinstating certain tax benefits and credits retroactively to January 1, 2012. There are several provisions of the Act that impact the Company, most notably the extension of the Research and Development credit. Income tax accounting rules require tax law changes to be recognized in the period of the enactment; as such the Company recognized a tax benefit of $0.3 million in its provision for income taxes in the first quarter of 2013.

The Company’s unrecognized tax benefit was $0.7 million and $1.2 million for the years ended December 31, 2013 and 2012, respectively. The Company recognizes potential accrued interest and penalties related to unrecognized tax benefits within its global operations in income tax expense. The Company had approximately $0.5 million and $0.8 million accrued for payment of interest and penalties as of December 31, 2013 and 2012, respectively.

The entire amount of unrecognized tax benefits, including interest, would favorably impact the Company’s effective tax rate if recognized. As of December 31, 2013, the Company does not expect the amount of unrecognized tax benefits to change significantly over the next twelve months.

A reconciliation of the gross unrecognized tax benefits (excluding interest and penalties) for the years ended December 31, 2013 and December 31, 2012 follows:


(US$ in thousands)	2013			2012
	(Restated)			(Restated)
Balance as of January 1,	$	1,189		$	610
Additions for current year tax positions		183			793
Decreases for prior year tax positions		(12	)		(106	)
Settlements of prior year tax positions		(560	)		—
Expiration of statutes		(77	)		(108	)

Balance as of December 31,	$	723		$	1,189

The Company files a consolidated income tax return in the U.S. federal jurisdiction, the U.K., Italy and numerous consolidated and separate income tax returns in many state and other foreign jurisdictions. The statute of limitations with respect to federal tax authorities is closed for years prior to December 31, 2011. The statute of limitations for the various state tax filings is closed in most instances for the years prior to December 31, 2010. The statute of limitations with respect to the major foreign tax filing jurisdictions is closed for years prior to December 31, 2009.

The Company’s intention is to reinvest the total amount of its unremitted foreign earnings (residing outside Curaçao) in the local jurisdiction, to the extent they are generated and available, or to repatriate the earnings only when tax-effective. As an entity incorporated in Curaçao, “foreign subsidiaries” refer to both U.S. and non-U.S. subsidiaries. Furthermore, only income sourced in the U.S. is subject to U.S. income tax. Unremitted foreign earnings increased from $272.6 million at December 31, 2012 to $329.7 million at December 31, 2013. The $329.7 million includes $341.3 million in U.S subsidiaries. It is not practicable to determine the amounts of net additional income tax that may be payable if such earnings were repatriated. The Company does not anticipate any impact on income tax liabilities since earnings are indefinitely reinvested for both U.S and non-U.S. subsidiaries.

Total cash and cash equivalents at December 31, 2013 were $52.7 million; of which $23.8 million is restricted under the senior secured credit agreement for use in the U.S. and is therefore classified as restricted cash on the balance sheet. The Company’s U.S. business generates sufficient cash flow and has borrowing capacity in the United States to fund its U.S. operations. Cash and cash equivalents of $30.2 million at December 31, 2013 held by non-U.S. subsidiaries is indefinitely reinvested for use in non-U.S. operations.