XML 93 R18.htm IDEA: XBRL DOCUMENT v2.4.0.8
INCOME TAXES
12 Months Ended
Dec. 31, 2013
INCOME TAXES [ABSTRACT]  
INCOME TAXES

(11)       INCOME TAXES

The sources of pre-tax operating income are as follows (amounts in thousands):

   Year Ended December 31,
  2013 2012 2011
Domestic$ 10,816 $ (8,336) $ 3,225
Foreign  81,253   82,198   88,329
 Total$ 92,069 $ 73,862 $ 91,554
          

The components of the Company's Provision for (benefit from) income taxes are as follows (amounts in thousands):

    Year Ended December 31,
   2013 2012 2011
Current provision for (benefit from)        
 Federal$ (320) $ (2,211) $ (10,371)
 State  150   (1,013)   297
 Foreign  13,876   809   21,695
  Total current provision for (benefit from)  13,706   (2,415)   11,621
Deferred provision for (benefit from)        
 Federal  4,674   1,215   (838)
 State  195   64   (44)
 Foreign  2,023   1,075   2,540
  Total deferred provision for (benefit from)  6,892   2,354   1,658
  Total provision for (benefit from) income taxes$ 20,598 $ (61) $ 13,279
           

The following reconciles the Company's effective tax rate to the federal statutory rate (amounts in thousands):

    Year Ended December 31,
   2013 2012 2011
Income tax per U.S. federal statutory rate (35%)$ 32,224 $ 25,852 $ 32,044
 State income taxes, net of federal deduction  210   (345)   875
 Change in valuation allowances  3,266   (315)   (79)
 Foreign income taxes at different rates than the U.S.  (20,529)   (24,507)   (18,136)
 Foreign withholding taxes  2,504   2,876   2,177
 Losses in international markets without tax benefits  779   4,329   1,094
 Nondeductible compensation under Section 162(m)  1,847   1,451   2,408
 Liabilities for uncertain tax positions  77   (2,988)   1,875
 Permanent difference related to foreign exchange gains  (122)   (13)   (45)
 (Income) losses of foreign branch operations  1,447   (4,263)   70
 Non-taxable earnings of minority interest  (1,172)   (213)   390
 Foreign dividend less foreign tax credits  (2,587)   (2,935)   (5,294)
 Increase in deferred tax liability - branch losses in UK  (954)   (1,012)   18
 Decrease (increase) to deferred tax asset - change in tax rate (68)   946   -
 IRS settlement on prior year refund claims  -   -   (11,700)
 Canada CRA tax decision  -   -   8,680
 State income tax credits and net operating losses  615   709   -
 Foreign earnings taxed currently in U.S.  2,907   -   -
 Other  154   367   (1,098)
Income tax per effective tax rate$ 20,598 $ (61) $ 13,279
           

The Company's deferred income tax assets and liabilities are summarized as follows (amounts in thousands):

    Year Ended December 31,
    2013 2012
Deferred tax assets, gross      
 Accrued workers compensation, deferred compensation      
  and employee benefits $ 7,866 $ 5,467
 Allowance for doubtful accounts, insurance and other accruals   4,037   5,829
 Depreciation and amortization   -   4,366
 Amortization of deferred rent liabilities   1,903   1,586
 Net operating losses   11,023   21,637
 Equity compensation   6,566   6,174
 Customer acquisition and deferred revenue accruals   15,228   16,387
 Federal and state tax credits, net   15,886   17,545
 Unrealized losses on derivatives   4,446   -
 Other   9,467   13,423
  Total deferred tax assets, gross   76,422   92,414
 Valuation allowances   (10,792)   (20,909)
  Total deferred tax assets, net   65,630   71,505
Deferred tax liabilities      
 Long-term lease obligations   (12)   10
 Depreciation and amortization   1,067   -
 Unrealized gains on derivatives   -   (7,464)
 Contract acquisition costs   (11,653)   (9,946)
 Future losses in UK   (2,606)   (3,559)
 Other   (600)   (3,423)
  Total deferred tax liabilities   (13,804)   (24,382)
  Net deferred tax assets $ 51,826 $ 47,123
         

Quarterly, the Company assesses the likelihood by jurisdiction that its net deferred tax assets will be recovered. Based on the weight of all available evidence, both positive and negative, the Company records a valuation allowance against deferred tax assets when it is more-likely-than-not that a future tax benefit will not be realized.

As of December 31, 2013 the Company had approximately $32.6 million of net deferred tax assets in the U.S. and $19.2 million of net deferred tax assets related to certain international locations whose recoverability is dependent upon their future profitability. As of December 31, 2013 the deferred tax valuation allowance was $10.8 million and related primarily to tax losses in foreign jurisdictions and U.S. federal and state tax credits which do not meet the “more-likely-than-not” standard under current accounting guidance. The utilization of these federal and state tax credits are subject to numerous factors including various expiration dates, generation of future taxable income over extended periods of time and state income tax apportionment factors which are subject to change.

When there is a change in judgment concerning the recovery of deferred tax assets in future periods, a valuation allowance is recorded into earnings during the quarter in which the change in judgment occurred. In 2013, the Company made adjustments to its deferred tax assets and corresponding valuation allowances. The net reduction to the valuation allowance of $10.1 million was due to a $1.3 million decrease in certain state credits and NOLs that do not meet the “more-likely-than-not” standard, a $1.5 million increase in valuation allowance in Argentina for deferred tax assets that do not meet the “more-likely-than-not” standard, a $2.1 million increase in valuation allowance in the Philippines for deferred tax assets that do not meet the “more-likely-than-not” standard, a $0.6 million increase in valuation allowance in various other jurisdictions for deferred tax assets that do not meet the “more-likely-than-not” standard, a $0.1 million decrease in the valuation allowance related to certain federal tax credits, an $11.6 million write-off of the deferred tax assets associated with Korea and Spain against their recorded valuation allowance as these assets will not be realized, and a $1.3 million reduction in the valuation allowance in certain other jurisdictions.

Activity in the Company's valuation allowance accounts consists of the following (amounts in thousands):

   Year Ended December 31,
  2013 2012 2011
Beginning balance$ 20,909 $ 16,555 $ 22,636
Additions of deferred income tax expense  4,218   5,560   1,402
Reductions of deferred income tax expense  (14,335)   (1,206)   (7,483)
 Ending balance$ 10,792 $ 20,909 $ 16,555
          

On February 20, 2011, the Company received notice of an adverse decision by the Canadian Revenue Agency (“CRA”) in regards to the Company's attempt to recover taxes paid to Canada with respect to the years 2001 and 2002. In 2005, through the Competent Authority process, the Company sought relief under the United States-Canada Income Tax Convention for avoidance of double taxation arising from adjustments to the taxable income originally reported to these jurisdictions. Consistent with accounting for tax positions that no longer meet the recognition criteria, the Company derecognized income tax positions totaling $8.6 million through income tax expense in the first quarter of 2011. Believing in the merits of the case, on May 9, 2011, the Company filed for Judicial Review in the Federal Court of Canada seeking a writ of mandamus to compel the CRA to accept the Company's application for Competent Authority consideration. On May 29, 2013, the Company learned of the Court's finding in favor of Canada Revenue Agency in denying the Company's request. After considering its alternatives, the time and cost involved with beginning a new legal action as well as the likelihood that any new action would meet with success the Company made the decision to not pursue this issue further. There was no financial statement impact in 2012 or 2013 as a result of these actions as all tax positions related to our Competent Authority efforts were derecognized in 2011.

As of December 31, 2013, after consideration of all tax loss and tax credit carry back opportunities, the Company had net tax loss carry forwards worldwide expiring as follows (amounts in thousands):

2014 $ 45
2015   1,358
2016   1,751
2017   333
After 2017   2,697
No expiration   5,175
 Total $ 11,359
     

As of December 31, 2013, domestically, the Company had federal tax credit carry forwards in the amount of $3.4 million that if unused will expire in 2020, $3.7 million that if unused will expire in 2021, and $2.2 million that if unused will expire in 2022 and $2.4 million that if unused will expire in 2023. The Company also had state tax credit carry-forwards of $2.7 million that if unused will expire between 2013 and 2023.

As of December 31, 2013 the cumulative amount of foreign earnings considered permanently invested outside the U.S. was $375.9 million. Those earnings do not include earnings from certain subsidiaries which the Company intends to repatriate to the U.S. or are otherwise considered available for distribution to the U.S. Accordingly, no provision for U.S. federal or state income taxes or foreign withholding taxes has been provided on these undistributed earnings. If these earnings become taxable in the U.S, the Company would be subject to incremental tax expense, after any applicable foreign tax credit, and foreign withholding tax expense. It is not practicable to estimate the additional taxes that may become payable upon the eventual remittance of these foreign earnings.

The Company has been granted “Tax Holidays” as an incentive to attract foreign investment by the governments of the Philippines and Costa Rica. Generally, a Tax Holiday is an agreement between the Company and a foreign government under which the Company receives certain tax benefits in that country, such as exemption from taxation on profits derived from export-related activities. In the Philippines, the Company has been granted 17 separate agreements with an initial period of four years and additional periods for varying years, expiring at various times between 2011 and 2017. The aggregate effect on income tax expense for the years ended December 31, 2013, 2012 and 2011 was approximately $14.6 million, $20.1 million and $14.0 million, respectively, which had a favorable impact on diluted net income per share of $0.28, $0.36 and $0.25, respectively.

Accounting for Uncertainty in Income Taxes

In accordance with ASC 740, the Company has recorded a reserve for uncertain tax positions. The total amount of interest and penalties recognized in the accompanying Consolidated Statements of Comprehensive Income as of December 31, 2013, 2012 and 2011 was approximately $77 thousand, $40 thousand and $0.1 million, respectively, and the total amount of interest and penalties recognized in the accompanying Consolidated Balance Sheets as of December 31, 2013 and 2012 was approximately $77 thousand and $40 thousand, respectively.

The Company had a reserve for uncertain tax benefits, on a net basis, of $0.5 million and $0.4 million for the years ended December 31, 2013 and 2012, respectively. The liability for uncertain tax positions was not changed in 2013 for tax positions that were resolved favorably or expired.

The tabular reconciliation of the reserve for uncertain tax benefits on a gross basis without interest for the year ended December 31, 2013 is presented below (amounts in thousands):

Balance as of December 31, 2010 $ 9,035
 Additions for current year tax positions   2,202
 Reductions in prior year tax positions   (8,502)
Balance as of December 31, 2011   2,735
 Additions for current year tax positions   369
 Reductions in prior year tax positions   (2,746)
Balance as of December 31, 2012   358
 Additions for current year tax positions   -
 Reductions in prior year tax positions   -
Balance as of December 31, 2013 $ 358
     

At December 31, 2013, the amount of uncertain tax benefits that, if recognized, would reduce tax expense was $0.5 million. Within the next 12 months, it is not expected that unrecognized tax benefits will change as the result of the expiration of various statutes of limitation.

The Company and its domestic and foreign subsidiaries (including Percepta LLC and its domestic and foreign subsidiaries) file income tax returns as required in the U.S. federal jurisdiction and various state and foreign jurisdictions. The following table presents the major tax jurisdictions and tax years that are open as of December 31, 2013 and subject to examination by the respective tax authorities:

Tax JurisdictionTax Year Ended
United States2009 to present
Argentina2008 to present
Australia2009 to present
Brazil2008 to present
Canada2006 to present
Mexico2008 to present
Philippines2011 to present
Spain2009 to present
  

The Company's U.S. income tax returns filed for the tax years ending December 31, 2009 to present, remain open tax years. The Company has been notified of the intent to audit, or is currently under audit of income taxes in the U.S. for tax years 2009, 2011 and 2012, Canada for tax years 2009 and 2010 and the Netherlands for tax year 2010. Although the outcome of examinations by taxing authorities are always uncertain, it is the opinion of management that the resolution of these audits will not have a material effect on the Company's Consolidated Financial Statements.