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Income taxes
12 Months Ended
Dec. 31, 2016
Income taxes [Abstract]  
Income taxes
11. Income taxes

Significant components of the provisions for income taxes attributable to operations consist of the following:

  
Year ended December 31,
 
(in thousands)
 
2016
  
2015
  
2014
 
Current
         
Federal
 
$
29,244
  
$
38,957
  
$
22,988
 
State
  
2,331
   
2,221
   
959
 
International
  
1,002
   
2,029
   
828
 
Total current
  
32,577
   
43,207
   
24,775
 
Deferred
            
Federal
  
9,979
   
(119
)
  
3,332
 
State
  
(272
)
  
(111
)
  
209
 
International
  
(5,587
)
  
1,323
   
1,612
 
Total deferred
  
4,120
   
1,093
   
5,153
 
Total provision for income taxes
 
$
36,697
  
$
44,300
  
$
29,928
 

The Company's net deferred tax asset (liability) consists of the following:

  
December 31,
 
(in thousands)
 
2016
  
2015
 
Federal losses carryforward
 
$
4,130
  
$
5,394
 
State losses carryforward
  
13,682
   
12,751
 
Research and development carryforward
  
3,647
   
3,545
 
Scientific research and experimental development credit carryforward
  
16,594
   
25,771
 
Intangible assets
  
-
   
5,792
 
Stock compensation
  
8,389
   
9,391
 
Foreign deferrals
  
58,647
   
80,920
 
Inventory reserves
  
2,273
   
3,754
 
Other
  
5,569
   
8,484
 
Deferred tax asset
  
112,931
   
155,802
 
Fixed assets
  
(30,728
)
  
(31,925
)
Intangible assets
  
(5,882
)
  
(4,760
)
Other
  
(16,047
)
  
(17,192
)
Deferred tax liability
  
(52,657
)
  
(53,877
)
Valuation allowance
  
(54,178
)
  
(90,639
)
Net deferred tax (liabilities)/ asset
 
$
6,096
  
$
11,286
 

As of December 31, 2016, the Company currently has approximately $11.8 million ($4.1 million tax effected) in net operating loss carryforwards along with $3.7 million in research and development tax credit carryforwards for U.S. federal tax purposes that will begin to expire in 2026 and 2023, respectively. The U.S. federal tax carryforwards are recorded with no valuation allowance. The Company has $255.1 million ($13.7 million tax effected) in state net operating loss carryforwards, primarily in Maryland, that will begin to expire in 2018. The U.S. state tax loss carryforwards are recorded with a valuation allowance of $191.7 million ($10.3 million tax effected). The Company has approximately $170.3 million ($43.9 million tax effected) in net operating losses from foreign jurisdictions (excluding Canada) that will have an indefinite life unless the foreign entities have a change in the nature or conduct of the business in the three years following a change in ownership. A valuation allowance in respect to these foreign losses has been recorded in the amount of $43.9 million. The Company has approximately $43.6 million ($11.7 million tax effected) in Canadian loss carryforwards which are recorded with no valuation allowance. The Company currently has approximately $0.5 million of Canadian federal scientific research and experimental development credit carryforwards that will begin to expire in 2027. In addition, the Company has approximately $16.1 million in Manitoba scientific research and experimental development credit carryforwards that will begin to expire in 2024. The use of any of these net operating losses and research and development tax credit carryforwards may be restricted due to changes in the Company's ownership.

The provision for income taxes differs from the amount of taxes determined by applying the U.S. federal statutory rate to loss before provision for income taxes as a result of the following:

  
Year ended December 31,
 
(in thousands)
 
2016
  
2015
  
2014
 
US
 
$
63,330
  
$
117,385
  
$
76,909
 
International
  
35,891
   
18,331
   
7,285
 
Earnings before taxes on income
  
99,221
   
135,716
   
84,194
 
             
Federal tax at statutory rates
 
$
34,738
  
$
47,475
  
$
29,468
 
State taxes, net of federal benefit
  
529
   
852
   
650
 
Impact of foreign operations
  
(9,937
)
  
(1,640
)
  
(1,176
)
Change in valuation allowance
  
10,458
   
(950
)
  
1,091
 
Effect of foreign rates
  
(720
)
  
-
   
-
 
Tax credits
  
(1,572
)
  
(2,088
)
  
(1,743
)
Other differences
  
1,823
   
733
   
126
 
Permanent differences
  
1,378
   
(82
)
  
1,512
 
Provision for income taxes
 
$
36,697
  
$
44,300
  
$
29,928
 

The effective annual tax rate for the years ended December 31, 2016, 2015 and 2014 was 37%, 33% and 36%, respectively.

The increase in the effective annual tax rate in 2016 is primarily related to tax on the sale, within the Company's consolidated group, of assets from Canadian subsidiaries to U.S. subsidiaries in preparation of the spin-off of Aptevo, and a valuation allowance charge recorded in its continuing operations related to Aptevo deferred tax assets prior to the distribution. The Company determined that upon spin-off, the deferred tax assets of Aptevo would be unrealizable. The increase in the effective annual tax rate as a result of the above was partially offset by a release of valuation allowances associated with Canadian Scientific Research and Experimental Development tax credits. Finally, the Company had a shift in the jurisdictional mix of earnings in the current year which contributed to the change in the effective annual tax rate.

The Company recognizes interest in interest expense and recognizes potential penalties related to unrecognized tax benefits in selling, general and administrative expense. Of the total unrecognized tax benefits recorded at December 31, 2016 and 2015, $0.5 million and $0.3 million, respectively, is classified as a current liability and $1.3 million and $1.1 million, respectively, is classified as a non-current liability on the balance sheet.

The table below presents the gross unrecognized tax benefits activity for 2016, 2015 and 2014:

(in thousands)
   
Gross unrecognized tax benefits at December 31, 2013
 
$
1,121
 
Increases for tax positions for prior years
  
150
 
Decreases for tax positions for prior years
  
-
 
Increases for tax positions for current year
  
102
 
Settlements
  
-
 
Lapse of statute of limitations
  
(125
)
Gross unrecognized tax benefits at December 31, 2014
  
1,248
 
Increases for tax positions for prior years
  
150
 
Decreases for tax positions for prior years
  
-
 
Increases for tax positions for current year
  
59
 
Settlements
  
-
 
Lapse of statute of limitations
  
-
 
Gross unrecognized tax benefits at December 31, 2015
  
1,457
 
Increases for tax positions for prior years
  
5
 
Decreases for tax positions for prior years
  
-
 
Increases for tax positions for current year
  
299
 
Settlements
  
-
 
Lapse of statute of limitations
  
-
 
Gross unrecognized tax benefits at December 31, 2016
 
$
1,761
 

When resolved, substantially all of these reserves would impact the effective tax rate.

The Company's federal and state income tax returns for the tax years 2011 to 2015 remain open to examination. The Company's tax returns in the United Kingdom remain open to examination for the tax years 2007 to 2015, and tax returns in Germany remain open indefinitely. The Company's tax returns for Canada remains open to examination for the tax years 2009 to 2015.

As of December 31, 2016, the Company's 2011 and 2012 federal income tax returns are under audit.