|
Income Taxes (Tables)
|
12 Months Ended |
|
Dec. 31, 2012
|
| Components of Income Tax Expense |
Statutory rate
reconciliation for continuing operations:
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
Year ended
December 31, |
|
| |
|
2012 |
|
|
2011
(Restated,
see Note 2) |
|
|
2010
(Restated,
see Note 2) |
|
|
Tax at US statutory rate
of 35%
|
|
$ |
(123,039 |
) |
|
$ |
(445,922 |
) |
|
$ |
(56,582 |
) |
|
Tax rate
differences
|
|
|
43,142 |
|
|
|
201,837 |
|
|
|
22,293 |
|
|
Valuation
allowance
|
|
|
13,538 |
|
|
|
61,293 |
|
|
|
29,675 |
|
|
Permanent
differences
|
|
|
86,906 |
|
|
|
220,304 |
|
|
|
(9,247 |
) |
|
Other
|
|
|
(8,850 |
) |
|
|
0 |
|
|
|
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Income tax
(benefit)/expense
|
|
$ |
11,697 |
|
|
$ |
37,512 |
|
|
$ |
(13,861 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Components Of Provision For Income Taxes From Continuing Operations |
The
Company’s significant components of the provision for income
taxes from continuing operations were as follows:
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
2012 |
|
|
2011
(Restated,
see Note 2) |
|
|
2010
(Restated,
see Note 2) |
|
|
Current
(domestic)
|
|
$ |
483 |
|
|
$ |
0 |
|
|
$ |
0 |
|
|
Current
(foreign)
|
|
|
12,797 |
|
|
|
14,687 |
|
|
|
17,391 |
|
|
Deferred
(domestic)
|
|
|
(1,680 |
) |
|
|
1,499 |
|
|
|
(3,367 |
) |
|
Deferred
(foreign)
|
|
|
97 |
|
|
|
21,326 |
|
|
|
(27,885 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Income tax
(benefit)/expense
|
|
$ |
11,697 |
|
|
$ |
37,512 |
|
|
$ |
(13,861 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Pre-Tax Book Income Earned From Continuing Operations |
The Company is
headquartered in the US. Pre-tax book loss earned from continuing
operations in the US (domestic) and outside the US (foreign) in
2012, 2011 and 2010 was as follows:
|
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|
|
|
|
|
|
|
|
|
|
|
| |
|
2012 |
|
|
2011 |
|
|
2010 |
|
|
Pre-tax
income/(loss)—domestic
|
|
$ |
(44,928 |
) |
|
$ |
(9,394 |
) |
|
$ |
(21,068 |
) |
|
Pre-tax
income/(loss)—foreign
|
|
|
(306,613 |
) |
|
|
(1,278,714 |
) |
|
|
(135,317 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
(351,541 |
) |
|
$ |
(1,288,108 |
) |
|
$ |
(156,385 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Components of Deferred Tax Assets and Liabilities |
Significant
components of the Company’s deferred tax assets and
liabilities are as follows:
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
December 31, |
|
| |
|
2012 |
|
|
2011
(Restated,
see Note 2) |
|
|
2010
(Restated,
see Note 2) |
|
|
Deferred tax
assets
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Accrued expenses, deferred
income and prepaid
|
|
$ |
18,275 |
|
|
$ |
20,149 |
|
|
$ |
11,163 |
|
|
Allowance for doubtful
accounts receivable
|
|
|
7,083 |
|
|
|
3,050 |
|
|
|
6,493 |
|
|
Unrealized foreign exchange
losses
|
|
|
14,473 |
|
|
|
29,224 |
|
|
|
8,510 |
|
|
Net operating loss
carry-forward benefit
|
|
|
55,834 |
|
|
|
54,708 |
|
|
|
70,596 |
|
|
Receivables
|
|
|
8,289 |
|
|
|
0 |
|
|
|
0 |
|
|
Property, plant &
equipment, intangibles
|
|
|
5,775 |
|
|
|
0 |
|
|
|
0 |
|
|
Other
|
|
|
7,810 |
|
|
|
1,664 |
|
|
|
144 |
|
|
Valuation
allowance
|
|
|
(99,656 |
) |
|
|
(86,118 |
) |
|
|
(35,778 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred tax asset, net of
valuation allowance
|
|
$ |
17,883 |
|
|
$ |
22,677 |
|
|
$ |
61,128 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred tax
liability
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Trademarks
|
|
|
81,546 |
|
|
|
78,956 |
|
|
|
110,832 |
|
|
Unrealized foreign exchange
gains
|
|
|
184 |
|
|
|
13,320 |
|
|
|
535 |
|
|
Investments in
subsidiaries
|
|
|
3,335 |
|
|
|
4,135 |
|
|
|
0 |
|
|
Property, plant and
equipment
|
|
|
14,868 |
|
|
|
6,735 |
|
|
|
0 |
|
|
Customer
relationships
|
|
|
0 |
|
|
|
1,425 |
|
|
|
0 |
|
|
Timing differences in
finance type leases
|
|
|
0 |
|
|
|
339 |
|
|
|
349 |
|
|
Deferred income
|
|
|
0 |
|
|
|
1,265 |
|
|
|
276 |
|
|
ASC 470 impact
|
|
|
276 |
|
|
|
1,500 |
|
|
|
2,998 |
|
|
Payables
|
|
|
7,770 |
|
|
|
0 |
|
|
|
0 |
|
|
Receivables
|
|
|
2,572 |
|
|
|
0 |
|
|
|
0 |
|
|
Other
|
|
|
938 |
|
|
|
5,637 |
|
|
|
9,771 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred tax
liability
|
|
$ |
111,489 |
|
|
$ |
113,312 |
|
|
$ |
124,761 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred tax asset,
net of valuation allowance
|
|
|
17,883 |
|
|
|
22,677 |
|
|
|
61,128 |
|
|
Total deferred tax
liability
|
|
|
111,489 |
|
|
|
113,312 |
|
|
|
124,761 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total net deferred
tax
|
|
|
(93,606 |
) |
|
|
(90,635 |
) |
|
|
(63,633 |
) |
|
|
|
|
|
Classified as
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Current deferred tax
asset
|
|
|
2,298 |
|
|
|
4,717 |
|
|
|
51,682 |
|
|
Non-current deferred tax
asset
|
|
|
3,037 |
|
|
|
0 |
|
|
|
6,649 |
|
|
Current deferred tax
liability
|
|
|
(4,907 |
) |
|
|
0 |
|
|
|
0 |
|
|
Non-current deferred tax
liability
|
|
|
(94,034 |
) |
|
|
(95,352 |
) |
|
|
(121,964 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total net deferred
tax
|
|
$ |
(93,606 |
) |
|
$ |
(90,635 |
) |
|
$ |
(63,633 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Summary Of Tax Losses Carried Forward |
Tax losses can
be carried forward for the following periods:
|
|
|
|
|
|
Hungary*
|
|
|
Unrestricted period |
|
|
U.S.
|
|
|
20 years |
|
|
Russia
|
|
|
10 years |
|
|
Poland
|
|
|
5 years |
|
| * |
In some circumstances the
Tax Office’s permission to carry the loss forward is
required. |
|
| Amounts and Expiration dates of Operating Loss Carryforwards for Tax Purposes |
The amounts and
expiration dates of operating loss carryforwards for tax
purposes
|
|
|
|
|
| Expiration date |
|
Amount of
operating loss
carried forward |
|
|
31 December
2013
|
|
$ |
32,326 |
|
|
31 December
2014
|
|
|
94,305 |
|
|
31 December
2015
|
|
|
87,016 |
|
|
31 December
2016
|
|
|
14,026 |
|
|
31 December
2017
|
|
|
4,493 |
|
|
Afterwards
|
|
|
64,821 |
|
|
|
|
|
|
|
|
$ |
296,987 |
|
|
|
|
|
|
|
| Changes In Accrual for Unrecognized Income Tax Benefits and Related Interest and Penalties |
The following
table summarizes the changes in the accrual for unrecognized income
tax benefits and related interest and penalties for the years ended
December 31, 2012, 2011 and 2010:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
2012 |
|
|
2011 |
|
|
2010 |
|
| |
|
Unrecognized
income
tax
benefits |
|
|
Interest
and
penalties |
|
|
Unrecognized
income
tax
benefits |
|
|
Interest
and
penalties |
|
|
Unrecognized
income
tax
benefits |
|
|
Interest
and
penalties |
|
|
Balance, beginning of the
period
|
|
$ |
5,044 |
|
|
$ |
2,093 |
|
|
$ |
3,000 |
|
|
$ |
0 |
|
|
$ |
0 |
|
|
$ |
0 |
|
|
Additions based on tax
positions related to the current year
|
|
|
5,606 |
|
|
|
457 |
|
|
|
0 |
|
|
|
0 |
|
|
|
0 |
|
|
|
0 |
|
|
Additions of tax positions
of prior years
|
|
|
8,474 |
|
|
|
806 |
|
|
|
5,044 |
|
|
|
2,093 |
|
|
|
3,000 |
|
|
|
0 |
|
|
Reductions of tax positions
of prior year
|
|
|
(1,415 |
) |
|
|
(20 |
) |
|
|
(3,000 |
) |
|
|
0 |
|
|
|
0 |
|
|
|
0 |
|
|
Reductions of tax positions
relating to settlements with taxing authorities
|
|
|
(1,831 |
) |
|
|
(977 |
) |
|
|
0 |
|
|
|
0 |
|
|
|
0 |
|
|
|
0 |
|
|
Foreign currency
translation adjustment
|
|
|
574 |
|
|
|
117 |
|
|
|
0 |
|
|
|
0 |
|
|
|
0 |
|
|
|
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Balance, end of
period
|
|
$ |
16,452 |
|
|
$ |
2,476 |
|
|
$ |
5,044 |
|
|
$ |
2,093 |
|
|
$ |
3,000 |
|
|
$ |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Summary Of Tax Examinations |
Tax liabilities
(including corporate income tax, Value Added Tax (VAT), social
security and other taxes) of the Company’s subsidiaries may
be subject to examinations by the tax authorities for up to certain
period from the end of the year the tax is payable, as
follows:
|
|
|
|
|
|
Poland
|
|
|
5 years |
|
|
Hungary
|
|
|
5 years |
|
|
Russia
|
|
|
3 years |
|
|