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INCOME TAXES
12 Months Ended
Dec. 31, 2014
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES

Income (loss) before income taxes, consisted of the following (amounts in thousands):
 
2014
 
2013
 
2012
Domestic
$
(47,730
)
 
$
27,023

 
$
178,686

Foreign
(104,514
)
 
27,711

 
13,565

 
$
(152,244
)
 
$
54,734

 
$
192,251



The income tax provision (benefit) was as follows (amounts in thousands):
 
2014
 
2013
 
2012
Current
 
 
 
 
 
Federal
$
(2,753
)
 
$
11,853

 
$
47,616

State
258

 
5,398

 
13,537

Foreign
5,476

 
11,800

 
8,290

 
2,981

 
29,051

 
69,443

Deferred
 

 
 

 
 

Federal
(11,670
)
 
(8,473
)
 
14,179

State
(1,205
)
 
(316
)
 
1,235

Foreign
(11,925
)
 
4,785

 
1,756

 
(24,800
)
 
(4,004
)
 
17,170

Income tax provision (benefit)
$
(21,819
)
 
$
25,047

 
$
86,613



The income tax provision differs from the amount of income tax determined by applying the statutory U.S. federal income tax rate to pre-tax income (loss) as a result of the following:
 
2014
 
2013
 
2012
Statutory U.S. federal tax rate
35.0
 %
 
35.0
 %
 
35.0
 %
Unrecognized tax positions
0.7

 
6.2

 
3.5

Impact of foreign income
(0.4
)
 
4.5

 
6.1

Italian law change

 
(14.2
)
 

Goodwill impairment
(10.6
)
 

 

Valuation allowance
(11.3
)
 
19.0

 

State taxes, net
0.8

 
1.9

 
2.5

Domestic production exemption

 
(3.2
)
 
(3.1
)
Debt conversion (benefit) expense
1.5

 
(1.0
)
 

Section 162m limitation

 

 
2.5

Write off of Titan Europe deferred tax asset

 

 
2.0

Bargain purchase gain

 

 
(2.0
)
Other, net
(1.4
)
 
(2.4
)
 
(1.4
)
Effective tax rate
14.3
 %
 
45.8
 %
 
45.1
 %


The Company's 2014 income tax benefit and rate differs from the amount of income tax determined by applying the U.S. Federal income tax rate to pre-tax income primarily as a result of the requirement of a valuation allowance in certain companies and the non-deductible goodwill impairment. The 2013 effective rate was impacted by a change in Italian law making the insurance proceeds from the earthquake non-taxable. In addition, as a result of the reassessment of the realizability of the deferred tax assets due to Italian law change, a valuation allowance was established on the Italy net deferred tax assets. Other items contributing to the rate difference are state income tax expense, unrecognized tax benefits, foreign earnings, domestic production activities deduction, and tax deductible expenses related to the convertible notes repurchase.

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.  Significant components of the Company’s deferred tax assets and liabilities at December 31, 2014 and 2013, are as follows (amounts in thousands):
 
2014
 
2013
Deferred tax assets:
 
 
 
Net operating loss carryforwards
$
55,590

 
$
41,933

Pension
8,590

 
6,269

Inventory
7,807

 
3,564

Warranty
9,945

 
11,460

Employee benefits and related costs
15,967

 
13,146

Allowance for bad debts
1,254

 
3,773

Prepaid royalties
7,960

 
8,464

Other
14,551

 
14,929

Deferred tax assets
121,664

 
103,538

Deferred tax liabilities:
 

 
 

Fixed assets
(50,009
)
 
(71,749
)
Intangible Assets
(6,043
)
 
(8,454
)
Other
(3,027
)
 
(5,957
)
Deferred tax liabilities
(59,079
)
 
(86,160
)
Subtotal
62,585

 
17,378

Valuation allowance
(45,241
)
 
(37,185
)
Net deferred tax asset (liability)
$
17,344

 
$
(19,807
)


As of December 31, 2014 and 2013 certain tax loss carryforwards of $55.6 million and $41.9 million are available with $2.2 million expiring from 2015 through 2019 and $53.4 million expiring after 2019. At December 31, 2014, a valuation allowance of $45.2 million had been established. The majority of the valuation allowance is related to deferred tax assets on net operating losses in Italy, state net operating losses in the US, and net operating losses in Australia. At December 31, 2013, a valuation allowance of $37.2 million had been established, of which a majority was to offset the net operating loss carryforwards due to uncertainty of future income in the relevant taxing jurisdictions.

At December 31, 2014, U.S. income taxes have not been provided on approximately $122.5 million of unremitted earnings of subsidiaries operating outside the U.S. These earnings, which are considered to be invested indefinitely, would become subject to income tax if they were remitted as dividends, were lent to the Company or a U.S. affiliate, or if the Company were to sell its stock in the subsidiaries. The amount of unrecognized deferred U.S. income tax liability on these unremitted earnings is insignificant.

The Company intends to file a "check the box" election for Titan Pneus Do Brazil during the first quarter of 2015. This election will change the tax status of this company from a disregarded entity to a regarded corporation for U.S. tax purposes. The tax impacts of this election as well as the effective date are still being evaluated.

The Company has applied the provisions of ASC 740, “Income Taxes” related to unrecognized tax benefits. No adjustment was made to retained earnings in adopting these provisions in 2007. At December 31, 2014, 2013, and 2012, the unrecognized tax benefits were $18.1 million, $17.8 million, and $14.3 million respectively. As of December 31, 2014, $12.1 million of unrecognized tax benefits would affect income tax expense if the tax benefits were recognized. The majority of the accrual in unrecognized tax benefits relates to potential state tax exposures. Although management cannot predict with any degree of certainty the timing of ultimate resolution of matters under review by various taxing jurisdictions, it is unlikely that the Company’s gross unrecognized tax benefits balance will change significantly within the next twelve months.

Titan has identified the United States, the State of Illinois, Italy, United Kingdom, and Brazil as “major” tax jurisdictions. The Company is subject to U.S. Federal tax examinations for years 2010 to 2014. Various state and foreign income tax returns are also subject to examination. Generally, tax years 2011 and forward remain open under state statutes of limitations and tax years 2009 and forward remain open under foreign statutes of limitations.

A reconciliation of the total amounts of unrecognized tax benefits at December 31 were as follows (amounts in thousands):
 
2014
 
2013
 
2012
Balance at January 1
15,363

 
11,872

 

     Increases to tax positions taken during the current year
190

 
4,256

 
6,050

     Increases to tax positions taken during the prior years
3,131

 
433

 
5,822

     Decreases to tax positions taken during prior years
(1,806
)
 
(250
)
 

     Decreases due to lapse of statutes of limitations
(802
)
 
(272
)
 

     Settlements
(656
)
 
(721
)
 

     Foreign exchange
(100
)
 
45

 

Balance at December 31
15,320

 
15,363

 
11,872



The Company accrues interest and penalties related to unrecognized tax benefits in income tax expense. The amount of interest and penalties related to unrecognized tax benefits recorded in income tax expense was $0.3 million, $0.1 million and $2.4 million at December 31, 2014, 2013 and 2012. The reconciliation of unrecognized tax benefits above does not include accrued interest and penalties of $2.8 million, $2.5 million, and $2.4 million, at December 31, 2014, 2013 and 2012, respectively.