XML 36 R21.htm IDEA: XBRL DOCUMENT v3.3.1.900
Income Taxes
12 Months Ended
Dec. 31, 2015
Income Taxes  
Income Taxes

Note 13. Income Taxes

Consolidated income before provision for income taxes includes non-U.S. income of approximately $15.2 million, $12.8 million and $16.7 million for the years ended December 31, 2015, 2014 and 2013, respectively. We recorded a current tax provision of $531,000, $215,000 and $188,000 for the years ended December 31, 2015, 2014 and 2013, respectively. The components of the provision (benefit) for income taxes are summarized below (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

Year Ended December 31, 

 

 

    

2015

    

2014

    

2013

 

Current:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

$

 

$

 

State

 

 

2

 

 

2

 

 

13

 

Foreign

 

 

529

 

 

213

 

 

175

 

Total current

 

 

531

 

 

215

 

 

188

 

Deferred:

 

 

 

 

 

 

 

 

 

 

Federal

 

 

 

 

 

 

 

State

 

 

 

 

 

 

 

Total deferred

 

 

 

 

 

 

 

Total net provision for income taxes

 

$

531

 

$

215

 

$

188

 

 

A reconciliation of the effective income tax rates and the U.S. statutory federal income tax rate is summarized below:

 

 

 

 

 

 

 

 

 

 

Year Ended December 31, 

 

 

    

2015

    

2014

    

2013

 

Statutory federal income tax rate

 

35.0

%  

35.0

%  

35.0

%

State income taxes, net of federal tax benefits

 

 —

 

(0.2)

 

(0.1)

 

Change in valuation allowance

 

(209.4)

 

(695.8)

 

(111.8)

 

Stock-based compensation

 

(6.5)

 

(26.3)

 

(1.4)

 

Foreign rate differences

 

213.8

 

758.6

 

85.3

 

Dividend from PRC investee

 

(57.8)

 

(169.8)

 

(19.6)

 

Net loss from privately-held PRC investments

 

1.1

 

45.6

 

2.5

 

Other

 

(0.1)

 

14.4

 

7.3

 

Effective tax rate

 

(23.9)

%  

(38.5)

%  

(2.8)

%

 

Deferred tax assets and liabilities are summarized below (in thousands):

 

 

 

 

 

 

 

 

 

 

As of December 31,

 

 

    

2015

    

2014

 

Deferred tax assets:

 

 

 

 

 

 

 

Net operating loss

 

$

60,538

 

$

55,654

 

Accruals and reserves not yet deductible

 

 

3,723

 

 

4,517

 

Credits

 

 

1,488

 

 

1,488

 

 

 

 

65,749

 

 

61,659

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Valuation of investment portfolio

 

 

 

 

 —

 

 

 

 

 

 

 —

 

Net deferred tax assets

 

 

65,749

 

 

61,659

 

Valuation allowance

 

 

(65,749)

 

 

(61,659)

 

Net deferred tax assets

 

$

 

$

 

 

As of December 31, 2015, we have federal and state net operating loss carryforwards of approximately $179.8 million and $1.7 million, respectively, which will expire beginning in 2022 and 2017, respectively. In addition, we have federal tax credit carryforwards of approximately $1.5 million, which will expire beginning in 2019.

The deferred tax assets valuation allowance as of December 31, 2015 is attributed to U.S. federal, and state deferred tax assets, which result primarily from future deductible accruals, reserves, net operating loss carryforwards, and tax credit carryforwards. We believe that, based on a number of factors, the available objective evidence creates sufficient uncertainty regarding the realizability of the deferred tax assets such that a full valuation allowance has been recorded. These factors include our history of losses related to domestic operations, and the lack of carryback capacity to realize deferred tax assets. The valuation allowance increased by $4.1 million and increased by $3.7 million for the years ended December 31, 2015 and 2014, respectively.

Our consolidated subsidiaries in China have enjoyed various tax holidays since 2000.  Benefits under the tax holidays vary by jurisdiction.

In accordance with Section 382 of the Internal Revenue Code, the amounts of and benefits from net operating loss and tax credit carryforwards may be impaired or limited in certain circumstances. Events which cause limitations in the amount of net operating losses or credits that we may utilize in any one year include, but are not limited to, a cumulative ownership change of more than 50% as defined, over a three year period.

During fiscal year 2015, the amount of gross unrecognized tax benefits decreased by $1.8 million. The total amount of unrecognized tax benefits was $14.6 million as of December 31, 2015. The Company recognizes interest and penalties related to uncertain tax positions as part of the income tax provision. To date, such interest and penalties have not been material.

We recognize interest and penalties related to uncertain tax positions in income tax expense. Income tax expense for the year ended December 31, 2015 includes no interest and penalties. As of December 31, 2015, we have no accrued interest and penalties related to uncertain tax positions.

We file income tax returns in the U.S. federal, various states and foreign jurisdictions. We have substantially concluded all U.S. federal and state income tax matters through December 31, 2001.

Deferred tax liabilities have not been recognized for $80.5 million of undistributed earnings of our foreign subsidiaries at December 31, 2015. We have made no provision for U.S. income taxes on undistributed earnings of certain foreign subsidiaries because it is our intention to permanently reinvest such earnings in its foreign subsidiaries. If such earnings were distributed, we would be subject to additional U.S. income tax expense. Determination of the amount of unrecognized deferred income tax liability related to these earnings is not practicable. As of December 31, 2015, we and our consolidated joint ventures held approximately $22.3 million in cash and investments in foreign bank accounts. This consists of $16.8 million held by our wholly owned subsidiary in China and $5.5 million held by our three partially-owned consolidated subsidiaries in China. Of this $22.3 million, approximately $15.9 million would not be available for use in the United States without paying United States income taxes.

A reconciliation of the beginning and ending amount of the gross unrecognized tax benefits is as follows (in thousands):

 

 

 

 

 

Gross unrecognized tax benefits balance as of December 31, 2014

    

$

16,403

 

Add:

 

 

 

 

Additions based on tax positions related to the current year

 

 

 

Additions for tax positions of prior years

 

 

 

Less:

 

 

 

 

Decrease related to lapse of statute of limitations

 

 

(1,846)

 

Gross unrecognized tax benefits balance as of December 31, 2015

 

$

14,557

 

 

Excluding the effects of recorded valuation allowances for deferred tax assets, $14.6 million of the unrecognized tax benefit would favorably impact the effective tax rate in future periods if recognized.