The components of income before income tax expense for 2017, 2016 and 2015 are as follows (in thousands):
|
| | | | | | | | | | | | |
| 2017 | | 2016 | | 2015 |
United States | $ | 28,632 |
| | $ | 6,233 |
| | $ | 55,143 |
|
Other countries | 73,074 |
| | 68,374 |
| | 93,547 |
|
Income before income tax expense | $ | 101,706 |
| | $ | 74,607 |
| | $ | 148,690 |
|
The components of income tax expense for 2017, 2016 and 2015 are as follows (in thousands): |
| | | | | | | | | | | | | | |
| 2017 | | 2016 | | 2015 |
Current: | | | | | |
United States | $ | 10,699 |
| | $ | (2,469 | ) | | $ | 17,257 |
|
Other countries | 9,508 |
| | 16,533 |
| | 14,629 |
|
State and provincial | 725 |
| | 600 |
| | 1,979 |
|
Total current | 20,932 |
| | 14,664 |
| | 33,865 |
|
Deferred: | | | | | |
United States | (2,948 | ) | | 1,844 |
| | (2,905 | ) |
Other countries | 626 |
| | (5,845 | ) | | 2,947 |
|
State and provincial | — |
| | 85 |
| | (149 | ) |
Total deferred | (2,322 | ) | | (3,916 | ) | | (107 | ) |
Income tax expense | $ | 18,610 |
| | $ | 10,748 |
| | $ | 33,758 |
|
The differences in income tax expense computed using the Netherlands statutory income tax rate of 25% in 2017, 2016 and 2015 and our income tax expense as reported in the accompanying Consolidated Statements of Operations for 2017, 2016 and 2015 are as follows (in thousands):
|
| | | | | | | | | | | | |
| 2017 | | 2016 | | 2015 |
Tax at the Netherlands income tax rate | $ | 25,427 |
| | $ | 18,652 |
| | $ | 37,173 |
|
International earnings taxed at rates other than the Netherlands statutory rate | (12,496 | ) | | (16,840 | ) | | (14,066 | ) |
Non-deductible expenses | 7,006 |
| | 2,936 |
| | 2,832 |
|
Change in valuation allowance | (1,744 | ) | | (899 | ) | | 3,625 |
|
State and provincial taxes | 829 |
| | 600 |
| | 1,133 |
|
Adjustments of prior year taxes | (4,272 | ) | | 2,412 |
| | 483 |
|
Adjustments of income tax reserves | 1,869 |
| | (604 | ) | | (1,205 | ) |
Foreign exchange | (1,792 | ) | | 3,381 |
| | 4,358 |
|
Accrued withholding taxes | 3,067 |
| | 246 |
| | (247 | ) |
Other | 716 |
| | 864 |
| | (328 | ) |
Income tax expense | $ | 18,610 |
| | $ | 10,748 |
| | $ | 33,758 |
|
Deferred tax assets and liabilities result from various temporary differences between the financial statement carrying amount and their tax basis. Deferred tax assets and liabilities as of December 31, 2017 and 2016 are summarized as follows (in thousands):
|
| | | | | | | | | | |
| 2017 | | 2016 |
Deferred tax assets: | | | |
Net operating loss carry-forwards | $ | 7,976 |
| | $ | 9,885 |
|
Tax credit carry-forwards | 1,002 |
| | 2,925 |
|
Accruals for compensation | 9,399 |
| | 14,573 |
|
Accruals for inventory capitalization | 1,909 |
| | 2,587 |
|
Unrealized benefit plan loss | 4,006 |
| | 4,931 |
|
Unrealized foreign exchange | 5,932 |
| | 7,221 |
|
Unearned revenue | 2,649 |
| | 1,249 |
|
Other | 580 |
| | 1,959 |
|
Total deferred tax assets | 33,453 |
| | 45,330 |
|
Valuation allowance (1) | (8,219 | ) | | (9,963 | ) |
Net deferred tax assets | 25,234 |
| | 35,367 |
|
Deferred tax liabilities: | | | |
Intangibles | (5,939 | ) | | (7,061 | ) |
Property, plant and equipment | (2,968 | ) | | (5,774 | ) |
Accrued interest | (4,885 | ) | | — |
|
Accruals for compensation | (1,501 | ) | | (3,439 | ) |
Accrued withholding taxes | (2,191 | ) | | (160 | ) |
Unrealized foreign exchange | (1,995 | ) | | (4,206 | ) |
Other | (359 | ) | | (399 | ) |
Total deferred tax liabilities | (19,838 | ) | | (21,039 | ) |
Net deferred income taxes | $ | 5,396 |
| | $ | 14,328 |
|
| | | |
| 2017 | | 2016 |
Long-term deferred tax assets | 10,719 |
| | 20,605 |
|
Long-term deferred tax liabilities | (5,323 | ) | | (6,277 | ) |
Total deferred tax assets (liabilities) | $ | 5,396 |
| | $ | 14,328 |
|
| | | | | | |
(1) Valuation allowance at 12/31/15 was $10.9 million. |
On December 22, 2017, the Tax Cuts and Jobs Act of 2017 was signed into law reducing the U.S. corporate income tax rate to 21% effective January 1, 2018. We recorded a $1.6 million non-cash discrete tax charge in the fourth quarter of 2017, primarily as a result of revaluing deferred tax positions for the net impact of the reduction in tax rate. We are continuing our analysis of the effects this tax reform will have on the Company in future periods.
We have not provided for deferred taxes on the unremitted earnings of certain subsidiaries that we consider to be indefinitely reinvested. Should we make a distribution of the unremitted earnings of these subsidiaries, we may be required to record additional taxes. As of December 31, 2017, we consider $246.0 million to be indefinitely reinvested. Repatriation of these earnings would be subject to income and withholding taxes estimated at $25.3 million. There are no restrictions preventing any of our subsidiaries from repatriating earnings, and there are no restrictions or income taxes associated with distributing cash to the parent company through loans or advances.
At December 31, 2017, we had tax net operating loss carry-forwards in various tax jurisdictions of $32.7 million. Although we cannot be certain that these operating loss carry-forwards will be utilized, we anticipate that we will have sufficient taxable income in future years to allow us to fully utilize the carry-forwards that are not subject to a valuation allowance. As of December 31, 2017, if unused, $3.0 million will expire between 2018-2020, $3.9 million will expire between 2021-2023, $17.5 million will expire between 2024-2027 and $1.0 million will expire beyond 2027. The remaining balance of $7.3 million is not subject to expiration. During 2017, $1.1 million of net operating loss carry-forwards, which carried a full valuation allowance, expired unused.
We file income tax returns in the U.S. federal jurisdiction, various states and foreign jurisdictions. We are currently undergoing multiple examinations in various jurisdictions, and the years 2000 through 2016 remain open for examination in various tax jurisdictions in which we operate. The ultimate settlement and timing of these additional tax assessments is uncertain but the Company will continue to vigorously defend its return filing position and does not view the assessments as probable at this time.
During 2017, adjustments were made to estimates for uncertain tax positions in certain tax jurisdictions based upon changes in facts and circumstances, resulting in a reduction to the unrecognized tax benefits. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):
|
| | | | | | | | | | | |
| 2017 | | 2016 | | 2015 |
Unrecognized tax benefits at January 1, | $ | 8,557 |
| | $ | 9,964 |
| | $ | 11,747 |
|
Tax positions, current period | 3,472 |
| | 983 |
| | 1,044 |
|
Tax positions, prior period | 180 |
| | 83 |
| | (640 | ) |
Settlements with taxing authorities | (1,154 | ) | | (1,657 | ) | | (1,371 | ) |
Lapse of applicable statute of limitations | (931 | ) | | (816 | ) | | (816 | ) |
Unrecognized tax benefits at December 31, | $ | 10,124 |
| | $ | 8,557 |
| | $ | 9,964 |
|
Changes in our estimate of, or the recognition of, the unrecognized tax benefits shown in the table above would affect our effective tax rate.
Our policy is to record accrued interest and penalties on uncertain tax positions, net of any tax effect, as part of total tax expense for the period. The corresponding liability is carried along with the tax exposure as a non-current payable in Other Long-term Liabilities. For the years ended December 31, 2017, 2016 and 2015, we recognized $0.6 million, $0.6 million and $(0.5) million, respectively, in interest and penalties. For the years ended December 31, 2017, 2016 and 2015, we had $3.3 million, $2.7 million and $2.0 million, respectively, accrued for the payment of interest and penalties. Changes in our estimate of unrecognized tax benefits would affect our effective tax rate. As of December 31, 2017, 2016, and 2015, there are $1.8 million, 1.2 million and $2.4 million, respectively, of unrecognized tax benefits that could be resolved within the next twelve months which could have a positive effect on the annual effective tax rate.