Income Taxes

In 2018, 2017 and 2016, pre-tax income (loss) was attributed to the following jurisdictions:



	Year Ended December 31,
(In thousands)	2018			2017			2016
Domestic operations	$	(28,482	)	$	(12,852	)	$	165
Foreign operations	54,648			20,140			25,023
Total	$	26,166		$	7,288		$	25,188

The provision for income taxes charged to operations was as follows:



	Year Ended December 31,
(In thousands)	2018			2017			2016
Current tax expense:
U.S. federal	$	(1,074	)	$	3,406		$	1,748
State and local	83			72			374
Foreign	10,829			8,304			4,150
Total current	9,838			11,782			6,272
Deferred tax (benefit) expense:
U.S. federal	3,961			9,495			(1,416		)
State and local	1,930			(369		)	(356		)
Foreign	(1,487		)	(3,297		)	304
Total deferred	4,404			5,829			(1,468		)
Total provision for income taxes	$	14,242		$	17,611		$	4,804

Net deferred tax assets were comprised of the following:



	December 31,
(In thousands)	2018			2017
Deferred tax assets:
Inventory reserves	$	1,428		$	1,104
Capitalized research costs	22			23
Capitalized inventory costs	1,541			609
Net operating losses	2,810			999
Acquired tangible assets	1,204			287
Accrued liabilities	1,090			1,239
Income tax credits	10,020			8,861
Stock-based compensation	3,181			2,712
Amortization of intangible assets	1,135			526
Total deferred tax assets	22,431			16,360
Deferred tax liabilities:
Depreciation	661			(944		)
Allowance for doubtful accounts	(739		)	(444		)
Other	(4,189		)	(2,680		)
Total deferred tax liabilities	(4,267		)	(4,068		)
Net deferred tax assets before valuation allowance	18,164			12,292
Less: Valuation allowance	(17,261		)	(8,802		)
Net deferred tax assets	$	903		$	3,490

The provision for income taxes differs from the amount of income tax determined by applying the applicable U.S. statutory federal income tax rate to pre-tax income from operations as a result of the following:



	Year Ended December 31,
(In thousands)	2018			2017			2016
Tax provision at statutory U.S. rate	$	5,495		$	2,551		$	8,554
Increase (decrease) in tax provision resulting from:
State and local taxes, net	(1,792		)	(733		)	(553		)
Foreign tax rate differential	(2,079		)	(296		)	(3,244		)
Foreign undistributed earnings, net of credits	5,329			14,211			—
Nondeductible items	1,197			891			839
Federal research and development credits	(713		)	(620		)	(710		)
Non-territorial income	(1,079		)	(1,517		)	(1,458		)
Withholding tax	5,454			1,078			1,762
Change in deductibility of social insurance	(3		)	5			8
Uncertain tax positions	(159		)	1,344			165
Stock-based compensation	213			479			—
Federal tax rate change	466			686			—
Valuation allowance	8,057			149			1,598
Foreign permanent benefit	(7,077		)	(451		)	(2,110		)
Other	933			(166		)	(47		)
Tax provision	$	14,242		$	17,611		$	4,804

At December 31, 2018, we had federal and state Research and Experimentation ("R&E") income tax credit carryforwards of $0.5 million and $9.4 million, respectively. The federal R&E income tax credits begin expiring in 2038. The state R&E income tax credits do not have an expiration date.

At December 31, 2018, we had state and foreign net operating loss carryforwards of $16.8 million and $5.6 million, respectively. The state and foreign carryforwards begin to expire in 2026 and 2023, respectively.

At December 31, 2018, we assessed the realizability of the Company's deferred tax assets by considering whether it is "more likely than not" some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. We considered taxable income in carryback years, the scheduled reversal of deferred tax liabilities, tax planning strategies and projected future taxable income in making this assessment. Due to uncertainties surrounding the realization of some of the Company's deferred tax assets, we established a valuation allowance against certain deferred tax assets. The Company's historic valuation allowance primarily relates to state R&E income tax credits generated during the prior years and current year. We had cumulative operating losses for the three years ended in 2018 for our U.S. operations and state operations and accordingly, have provided a full valuation allowance on our U.S. and state deferred tax assets of $6.0 million and $1.5 million, respectively, as we have determined that it is more likely than not that the tax benefits will not be realized in the future. Additionally, we recorded a valuation allowance of $0.4 million at December 31, 2018 related to certain deferred tax assets in our Argentina office due to sustained losses in that jurisdiction. If and when recognized, the tax benefits relating to any reversal of valuation allowance will be recorded as a reduction of income tax expense. The valuation allowance increased by $8.5 million and $0.2 million during the years ended December 31, 2018 and 2017, respectively.

Uncertain Tax Positions

At December 31, 2018 and 2017, we had unrecognized tax benefits of approximately $4.6 million and $5.6 million, including interest and penalties, respectively. In accordance with accounting guidance, we have elected to classify interest and penalties as components of tax expense. Interest and penalties were $0.5 million, $0.5 million, and $0.3 million for the years ended December 31, 2018, 2017 and 2016, respectively. Interest and penalties are included in the unrecognized tax benefits.

Changes to our gross unrecognized tax benefits were as follows:



	Year ended December 31,
(In thousands)	2018			2017			2016
Balance at beginning of period	$	5,081		$	3,622		$	3,469
Additions as a result of tax provisions taken during the current year	702			1,489			305
Foreign currency translation	(51		)	90			(93		)
Lapse in statute of limitations	(80		)	(141		)	(67		)
Settlements	(1,612		)	—			—
Other	—			21			8
Balance at end of period	$	4,040		$	5,081		$	3,622

Approximately $4.3 million, $5.3 million and $3.6 million of the total amount of unrecognized tax benefits at December 31, 2018, 2017 and 2016, respectively, if not for the state Research and Experimentation income tax credit valuation allowance, would affect the annual effective tax rate, if recognized. We are unaware of any positions for which it is reasonably possible that the total amounts of unrecognized tax benefits will significantly increase within the next twelve months. We anticipate a decrease in unrecognized tax benefits of approximately $0.7 million within the next twelve months based on federal, state, and foreign statute expirations in various jurisdictions. We have classified uncertain tax positions as non-current income tax liabilities unless expected to be paid within one year.

We file income tax returns in the U.S. federal jurisdiction and in various state and foreign jurisdictions. As of December 31, 2018, the open statutes of limitations for our significant tax jurisdictions are as follows: federal for 2015 through 2017, state for 2014 through 2017, and non-U.S. for 2012 through 2017.

U.S. Tax Cuts and Jobs Act

The Tax Cuts and Jobs Act (the "Tax Act") was enacted in the U.S. on December 22, 2017. The Tax Act reduced the U.S. federal corporate income tax rate to 21% from 35%, required companies to pay a one-time transition tax on earnings of certain foreign subsidiaries that were previously tax deferred and created new taxes on certain foreign-sourced earnings. In 2017 and the first nine months of 2018, we recorded provisional amounts for certain enactment-date effects of the Tax Act by applying the guidance in SEC Staff Accounting Bulletin No. 118 because we had not yet completed our enactment-date accounting for these effects. In 2018 and 2017, the Company recorded tax expense related to the enactment-date effects of the Tax Act that included recording the one-time transition tax liability related to undistributed earnings of certain foreign subsidiaries that were not previously taxed, adjusting deferred tax assets and liabilities and recognizing the effects of provisionally electing to account for Global Intangible Low-Taxed Income ("GILTI") as a period cost. The changes to 2017 enactment-date provisional amounts decreased tax expense in 2018 by an insignificant amount.

SAB 118 Measurement Period

We applied the guidance in SAB 118 when accounting for the enactment-date effects of the Act in 2017 and throughout 2018. At December 31, 2017, we had not completed our accounting for all of the enactment-date income tax effects of the Tax Act under ASC 740, "Income Taxes," for the following aspects: remeasurement of deferred tax assets and liabilities, one-time transition tax, and tax on GILTI. At December 31, 2018, we had completed our accounting for all of the enactment-date income tax effects of the Tax Act.

Transition Tax

The one-time transition tax is based on our total post-1986 earnings and profits ("E&P"), the tax on which we previously deferred from U.S. income taxes under U.S. law. We recorded a provisional amount for our one-time transition tax liability for each of our foreign subsidiaries, resulting in a transition tax liability of $2.2 million at December 31, 2017. Upon further analyses of the Tax Act and Notices and regulations issued and proposed by the US Department of the Treasury and the Internal Revenue Service, we finalized our calculations of the transition tax liability during 2018. We decreased our December 31, 2017 provisional amount by an immaterial amount, which is included as a component of income tax expense. We have elected to pay our transition tax over the eight-year period provided in the Act. As of December 31, 2018, the remaining balance of our transition tax obligation is $1.2 million, which will be paid over the next seven years.

Deferred Tax Assets and Liabilities

As of December 31, 2017, we remeasured certain deferred tax assets and liabilities based on the rates at which they were expected to reverse in the future (which was generally 21%), by recording a provisional amount of $2.3 million. Upon further analysis of certain aspects of the Act and refinement of our calculations during the year ended December 31, 2018, we adjusted our provisional amount by $0.3 million, which is included as a component of income tax expense.

Global Intangible Low-taxed Income (GILTI)

The Tax Act subjects a U.S. shareholder to tax on GILTI earned by certain foreign subsidiaries. The FASB Staff Q&A, Topic 740, No. 5, "Accounting for Global Intangible Low-Taxed Income," states that an entity can make an accounting policy election to either recognize deferred taxes for temporary basis differences expected to reverse as GILTI in future years or to provide for the tax expense related to GILTI in the year the tax is incurred as a period expense only. Because we were evaluating the provision of GILTI as of December 31, 2017, we recorded no GILTI-related deferred amounts in 2017. We have elected to account for GILTI in the year the tax is incurred.

Indefinite Reinvestment Assertion

Beginning in 2018, the Tax Act generally provides a 100% federal deduction for dividends received from foreign subsidiaries. Nevertheless, companies must still apply the guidance of ASC Topic 740 to account for the tax consequences of outside basis differences and other tax impacts of their investments in non-U.S. subsidiaries, including potential foreign withholding taxes on distributions. Historically, the undistributed earnings of our foreign subsidiaries were considered to be indefinitely reinvested. Previously, no provision for U.S. federal and state income taxes or foreign withholding taxes had been provided on U.S. earnings. In 2018, we changed our assertion, and provided a $1.2 million deferred tax liability related to state tax liabilities on future distributions.