Note 13. Income Taxes

Consolidated income before provision for income taxes includes non-U.S. income of approximately $15.0 million, $15.2 million and $12.8 million for the years ended December 31, 2016, 2015, and 2014, respectively. We recorded a current tax provision of $733,000, $531,000 and $215,000 for the years ended December 31, 2016, 2015, and 2014, respectively. The components of the provision for income taxes are summarized below (in thousands):


	Year Ended December 31,
	2016		2015		2014
Current:
Federal	$	—	$	—	$	—
State		4		2		2
Foreign		729		529		213
Total current		733		531		215
Deferred:
Federal		—		—		—
State		—		—		—
Total deferred		—		—		—
Total net provision for income taxes	$	733	$	531	$	215

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


	Year Ended December 31,
	2016		2015		2014
Statutory federal income tax rate	35.0	%	35.0	%	35.0	%
State income taxes, net of federal tax benefits	—		—		(0.2)
Valuation allowance	(7.0)		(46.1)		(106.3)
Stock-based compensation	1.2		(9.4)		(26.1)
Foreign tax rate differential	(12.1)		29.3		104.2
Foreign tax incentives	(13.5)		24.1		64.7
Dividend from unconsolidated affiliates	1.5		(57.8)		(169.8)
Tax effect in equity method loss or gain from unconsolidated affiliates	8.2		1.1		45.6
Other	(0.2)		(0.1)		14.4
Effective tax rate	13.1	%	(23.9)	%	(38.5)	%

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


	As of December 31,
	2016		2015
Deferred tax assets:
Net operating loss	$	62,459	$	60,538
Accruals and reserves not yet deductible		4,520		3,723
Credits		1,488		1,488
		68,467		65,749
Deferred tax liabilities:
Valuation of investment portfolio		—		—
		—		—
Net deferred tax assets		68,467		65,749
Valuation allowance		(68,467)		(65,749)
Net deferred tax assets	$	—	$	—

As of December 31, 2016, we have federal and state net operating loss carryforwards of approximately $178.4 million and $1.0 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, 2016 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 $2.7 million and increased by $4.1 million for the years ended December 31, 2016 and 2015, respectively.

The China Enterprise Income Tax Law “EIT” imposes a single uniform income tax rate of 25% on all Chinese enterprises. Our subsidiaries in China have qualified for a preferential 15% tax rate that is available for High and New Technology Enterprises “HTE”. In order to retain the preferential tax rate, we must meet certain operating conditions, satisfy certain product requirements, meet certain headcount requirements and maintain certain levels of research expenditures. We realized benefits from this 10% reduction in tax rate of $489 thousand, $354 thousand and $143 thousand for 2016, 2015 and 2014, respectively. The favorable tax rate is renewed every three years and our subsidiaries are due for renewal between late 2016 and into the end of 2017. The preferential tax rate that we enjoy could be modified or discontinued altogether at any time, which could materially and adversely affect our financial condition and results of operations.

Our subsidiaries in China also qualify for reduction in their taxable income in China for R&D expenditures. Government pre-approval is required to claim R&D tax benefits. Any R&D claim is then submitted with the annual corporate income tax for the taxing authorities approval. We realized a reduction in tax in China of $0.2 million for 2016, 2015, and 2014. Our consolidated subsidiaries in China have enjoyed various tax holidays since 2000. Benefits under the tax holidays vary by jurisdiction.

Utilization of the NOL and research and development credit carryforwards may be subject to a substantial annual limitation due to ownership changes that have occurred previously or that could occur in the future, as provided by Section 382 of the Internal Revenue Code of 1986, as well as similar state provisions. Ownership changes may limit the amount of NOL and tax credit carryforwards that can be utilized to offset future taxable income and tax, respectively. In general, an ownership change, as defined by Section 382, results from transactions increasing the ownership of certain shareholders or public groups in the stock of a corporation by more than 50 percentage points over a three-year period. If the Company has experienced a change of control, utilization of its NOL or tax credits carryforwards would be subject to an annual limitation under Section 382. Any limitation may result in expiration of a portion of the NOL or research and development credit carryforwards before utilization. Subsequent ownership changes could further impact the limitation in future years. Until a Section 382 study is completed and any limitation known, no amounts are being presented as an uncertain tax position. A full valuation allowance has been provided against the Company’s NOL carryforwards and research and development credit carryforwards and, if an adjustment is required, this adjustment would be offset by an adjustment to the valuation allowance. Thus, there would be no net impact to the balance sheet or statement of operations if an adjustment were required.

During fiscal year 2016, the amount of gross unrecognized tax benefits remain unchanged. 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, 2016 and 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, 2016 includes no interest and penalties. As of December 31, 2016, 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 2003 and 2002, respectively.

Deferred tax liabilities have not been recognized for $95.3 million of undistributed earnings of our foreign subsidiaries at December 31, 2016. 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, 2016, we and our consolidated joint ventures held approximately $22.6 million in cash and investments in foreign bank accounts. This consists of $14.5 million held by our wholly owned subsidiary in China and $8.1 million held by our three partially-owned consolidated subsidiaries in China. Of this $22.6 million, approximately $16.6 million would not be available for use in the United States without paying United States income taxes. We believe that the current value of our net operating loss carry forward would offset the taxes due.

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


	Year Ended December 31,
	2016	2015	2014

Gross unrecognized tax benefits balance at beginning of the year	$ 14,557	$ 16,403	$ 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 at end of the year	$ 14,557	$ 14,557	$ 16,403

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.