Entity information:

(13) Income Taxes

        The income before income tax expense shown below is based on the geographic location to which such income is attributed for each of the fiscal years ended March 31, 2017, 2016 and 2015:

                                                                                                                                                                                    

 

 

Year Ended March 31,

 

 

 

2017

 

2016

 

2015

 

United States

 

$

(52,390

)

$

4,556

 

$

15,734

 

Foreign

 

 

71,208

 

 

53,113

 

 

41,666

 

​  

​  

​  

​  

​  

​  

Total

 

$

18,818

 

$

57,669

 

$

57,400

 

​  

​  

​  

​  

​  

​  

        The provision for income taxes for each of the fiscal years ended March 31, 2017, 2016 and 2015 consisted of the following:

                                                                                                                                                                                    

 

 

Year Ended March 31,

 

 

 

2017

 

2016

 

2015

 

Current provision:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(1,966

)

$

6,367

 

$

8,217

 

State

 

 

170

 

 

1,961

 

 

2,415

 

Foreign

 

 

15,213

 

 

9,719

 

 

7,291

 

​  

​  

​  

​  

​  

​  

Total current provision

 

$

13,417

 

$

18,047

 

$

17,923

 

​  

​  

​  

​  

​  

​  

Deferred (benefit) provision:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(7,870

)

$

(2,753

)

$

(2,066

)

State

 

 

(2,888

)

 

(724

)

 

(616

)

Foreign

 

 

(98

)

 

(1,921

)

 

(287

)

​  

​  

​  

​  

​  

​  

Total deferred (benefit) provision

 

$

(10,856

)

$

(5,398

)

$

(2,969

)

​  

​  

​  

​  

​  

​  

Total provision for income taxes

 

$

2,561

 

$

12,649

 

$

14,954

 

​  

​  

​  

​  

​  

​  

        The items which gave rise to differences between the income taxes in the statements of income and the income taxes computed at the U.S. statutory rate are summarized as follows:

                                                                                                                                                                                    

 

 

Year Ended March 31,

 

 

 

2017

 

2016

 

2015

 

Tax on income before income tax expense at U.S. statutory rate

 

$

6,398

 

$

20,184

 

$

20,090

 

U.S. state and local taxes, net of U.S. federal income tax effects

 

 

(2,776

)

 

701

 

 

1,115

 

Benefit from foreign subsidiaries' tax holidays

 

 

(7,973

)

 

(7,477

)

 

(5,048

)

Foreign rate difference

 

 

(7,688

)

 

(4,549

)

 

(1,812

)

Nondeductible transactions costs

 

 

354

 

 

1,321

 

 

 

Nondeductible business costs

 

 

1,736

 

 

1,614

 

 

691

 

Repatriated foreign earnings

 

 

5,879

 

 

 

 

 

Nondeductible interest

 

 

6,138

 

 

544

 

 

 

Other adjustments

 

 

493

 

 

311

 

 

(82

)

​  

​  

​  

​  

​  

​  

Income tax expense

 

$

2,561

 

$

12,649

 

$

14,954

 

​  

​  

​  

​  

​  

​  

        Deferred tax assets (liabilities) at March 31, 2017 and 2016 were as follows:

                                                                                                                                                                                    

 

 

March 31,

 

 

 

2017

 

2016

 

Deferred revenue

 

$

785

 

$

1,518

 

Bad debt reserve

 

 

699

 

 

545

 

Tax credit carry forwards

 

 

2,247

 

 

3,433

 

Accrued expenses and reserves

 

 

18,787

 

 

12,013

 

Share-based compensation expense

 

 

4,135

 

 

4,907

 

Intangible assets

 

 

4,189

 

 

3,735

 

Net operating loss

 

 

4,584

 

 

2,723

 

​  

​  

​  

​  

Total gross deferred tax assets

 

$

35,426

 

$

28,874

 

​  

​  

​  

​  

Valuation allowance

 

 

(3,155

)

 

(2,649

)

​  

​  

​  

​  

Total deferred tax assets

 

$

32,271

 

$

26,225

 

​  

​  

​  

​  

Depreciable assets

 

 

(10,441

)

 

(662

)

Unrealized gains

 

 

(5,884

)

 

(2,598

)

Acquisition and other liabilities

 

 

(12,780

)

 

(18,079

)

Goodwill

 

 

(6,755

)

 

(5,117

)

​  

​  

​  

​  

Total deferred tax liabilities

 

$

(35,860

)

$

(26,456

)

​  

​  

​  

​  

Net deferred tax assets/(liabilities)

 

$

(3,589

)

$

(231

)

​  

​  

​  

​  

        In November 2015, the FASB issued ASU No. 2015-17, Income Taxes (Topic 740) Balance Sheet Classification of Deferred Taxes, which simplifies the presentation of deferred income taxes requiring deferred tax assets and liabilities be classified as noncurrent in the consolidated balance sheet. The Company early adopted ASU 2015-17 for the fiscal year ended March 31, 2016, which resulted in all deferred taxes being reported as noncurrent in its consolidated balance sheet. At March 31, 2016, and March 31, 2017, the net result is reflected as a long asset or liability by tax jurisdiction.

        The ultimate realization of deferred tax assets is dependent upon management's assessment of the Company's ability to generate sufficient taxable income to realize the deferred tax assets during the periods in which the temporary differences become deductible. Management considers the historical level of taxable income, projections for future taxable income, and tax planning strategies in making this assessment. Net income in the United States has decreased, resulting in a net loss for the year ended March 31, 2017. The Company has a significant deferred tax asset in the United States. The Company assessed the available positive and negative evidence to estimate if sufficient future taxable income will be generated to realize the existing deferred tax assets. As of March 31, 2017, the Company determined it is more likely than not that foreign tax credits in the U.S. will not be realized and concluded that a valuation allowance on the total foreign tax credit balance was required. The Company recorded increases to the valuation allowance totaling $506 during the fiscal year ended March 31, 2017, of which $506 was recorded in income tax expense. The Polaris valuation allowance of $1,655 relates to certain net operating losses (NOLs) and capital losses that are not likely to be realized. The Company has determined for all other deferred assets that it is more likely than not that the results of future operations will generate sufficient taxable income to realize the deferred tax assets. We continue to monitor all positive and negative evidence related to this asset.

        At March 31, 2017, the Company has $278 of US foreign tax credits which begin to expire in March 2022 and for which a full valuation allowance has been recorded, $1,969 of Indian Minimum Alternative Tax ("MAT") credits which begin to expire at various dates through March 2027, $3,363 of foreign NOLs with various lives and $1,221 of capital loss carryover which begin to expire in 2020. The Company has determined that it is more likely than not that the results of future operations will generate sufficient taxable income to realize $3,676 of these deferred tax assets.

        During the fiscal year ended March 31, 2017, the Company recorded $3,541 of net income tax expense directly in other comprehensive income related to the unrealized gain/loss on available for sale securities, the unrealized gain/loss on effective cash flow hedges and the foreign currency loss on certain long- term intercompany balances. During the fiscal year ended March 31, 2017, the Company recognized $719 of net income tax expense directly in additional paid in capital related to a shortfall in the tax benefits of share-based compensation.

        The Company created two export oriented units in India, one in Bangalore during the fiscal year ended March 31, 2011 and a second unit in Hyderabad (Special Economic Zone or "SEZ") during the fiscal year ended March 31, 2010 for which no income tax exemptions were availed. The Indian subsidiaries also operate two development centers in areas designated as a SEZ, under the SEZ Act of 2005. In particular, the Company was approved as an SEZ Co-developer and has built a campus on a 6.3 acre parcel of land in Hyderabad, India that has been designated as an SEZ. As an SEZ Co-developer, the Company is entitled to certain tax benefits for any consecutive period of 10 years during the 15 year period starting in fiscal year 2008. The Company has elected to claim SEZ Co-developer income tax benefits starting in fiscal year ended March 31, 2013. In addition, the Company has leased facilities in SEZ designated locations in Hyderabad and Chennai, India. The Company's profits from the Hyderabad and Chennai SEZ operations are eligible for certain income tax exemptions for a period of up to 15 years beginning in fiscal March 31, 2009. The Company's India profits ineligible for SEZ benefits are subject to corporate income tax at the current rate of 34.61%. In the fiscal year ended March 31, 2014, the Company leased a facility in an SEZ designated location in Bangalore and Pune, India each of which is eligible for tax holidays for up to 15 years beginning in the fiscal year ended March 31, 2014. During the fiscal year ended March 31, 2016, the Company established a new unit in Hyderabad, in an SEZ designated area, for which it is eligible for tax holiday for up to 15 years. Based on the latest changes in tax laws, book profits of SEZ units are subject to MAT, commencing April 1, 2011, which will continue to negatively impact the Company's cash flows.

        In addition, the Company's Sri Lankan subsidiary, Virtusa (Private) Limited, is operating under a 12-year income tax holiday arrangement that is set to expire on March 31, 2019 and required Virtusa (Private) Limited to meet certain job creation and investment criteria by March 31, 2016. During the fiscal year ended March 2017, the Company believes it has fulfilled its hiring and investment commitments and is eligible for tax holiday through March 2019. The current agreement provides income tax exemption for all export business income. The Company has submitted the required support to the Board of Investment and is awaiting confirmation. At March 31, 2017, the Company believes it is eligible for the entire 12-year tax holiday.

        The India and Sri Lanka income tax holidays reduced the overall tax provision and increased both net income and diluted earnings per share in the fiscal years ended March 31, 2017, 2016 and 2015 by $7,973 $7,477 and $5,048, respectively, and by $0.27, $0.25 and $0.17, respectively. As of March 31, 2017, two SEZ tax holidays in Chennai and Hyderabad, India are subject to a partial expiration of fifty percent of their tax benefits through March 2018. The partial expiration of SEZ tax holidays in Chennai and Hyderabad, respectively, negatively impacted net income and diluted earnings per share in the fiscal year ended March 31, 2017, by $1,538 and $1,088 and by $0.05 and $0.04, respectively.

        The Company intends to indefinitely reinvest all of its accumulated and future foreign earnings outside the United States. At March 31, 2017, the Company had $383,303 of unremitted earnings from foreign subsidiaries and approximately $151,990 of cash, cash equivalents, short-term investments and long-term investments that would otherwise be available for potential distribution, if not indefinitely reinvested. Due to the various methods by which such earnings could be repatriated in the future, the amount of taxes attributable to the undistributed earnings are dependent on circumstances existing if and when remittance occurs and is not practically determinable. In the fiscal year ended March 31, 2017, the Company repatriated $17,291 million from Virtusa C.V., a subsidiary of the Company, organized to finance the acquisition of Polaris. The US tax cost was recorded during the current fiscal year as these earnings are no longer considered permanently reinvested.

        Due to the geographical scope of the Company's operations, the Company is subject to tax examinations in various jurisdictions. The Company's ongoing assessments of the more-likely-than-not outcomes of these examinations and related tax positions require judgment and can increase or decrease the Company's effective tax rate, as well as impact the Company's operating results. The specific timing of when the resolution of each tax position will be reached is uncertain. The Company does not believe that the outcome of any ongoing examination will have a material effect on its consolidated financial statements within the next twelve months. The Company's major taxing jurisdictions include the United States, the United Kingdom, India and Sri Lanka. In the United States, the Company remains subject to examination for all tax years ended after March 31, 2013. In the foreign jurisdictions, the Company generally remains subject to examination for tax years ended after March 31, 2005.

        Each fiscal year, unrecognized tax benefits may be adjusted upon the closing of the statute of limitations for income tax returns filed in various jurisdictions. The total amount of unrecognized tax benefits that would reduce income tax expense and the effective income tax rate, if recognized, is $7,612, $6,693 and $546 as of March 31, 2017, 2016 and 2015, respectively. Although it would be difficult to anticipate the final outcome on timing of resolution of any particular uncertain tax position, the Company anticipates that $130 of unrecognized tax benefits will reverse during the twelve month period ending March 31, 2018 due to settlement or expiration of statute of limitations on open tax years. All of these benefits are expected to have an impact on the effective tax rate as they are realized.

        The following summarizes the activity related to the gross unrecognized tax benefits:

                                                                                                                                                                                    

 

 

Year Ended March 31,

 

 

 

2017

 

2016

 

2015

 

Balance at beginning of the fiscal year

 

$

6,693

 

$

546

 

$

410

 

Balance acquired as part of the Polaris SPA Transaction

 

 

 

 

6,172

 

 

 

Foreign currency translation related to prior year tax positions

 

 

122

 

 

(42

)

 

(3

)

Decreases related to prior year tax positions

 

 

 

 

 

 

 

Decreases related to prior year tax positions due to settlements or lapse in applicable statute of limitations

 

 

(597

)

 

(117

)

 

(94

)

Increases related to prior year tax positions

 

 

1,394

 

 

134

 

 

233

 

​  

​  

​  

​  

​  

​  

Balance at end of the fiscal year

 

$

7,612

 

$

6,693

 

$

546

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        The Company continues to classify accrued interest and penalties related to unrecognized tax benefits in income tax expense. During the fiscal years ended March 31, 2017 and 2016, the Company expensed accrued interest and penalties of $522 and $52, respectively, through income tax expense consistent with its prior positions, to reflect interest and penalties on certain unrecognized tax benefits as part of income tax. The total accrued interest and penalties, including foreign currency translation relating to certain foreign and domestic tax matters at March 31, 2017 and 2016, were $1,941 and $1,374, respectively. During the fiscal year ended March 31, 2017, the Company's unrecognized tax benefits increased by $919. The increase in the unrecognized tax benefits during the fiscal year ended March 31, 2017 was primarily related to prior tax positions of Polaris acquired and exposures related to tax returns where the statute of limitations has not yet expired. The net movement in unrecognized tax benefits for the fiscal year ended March 31, 2017 was as follows: $933 recorded to income tax expense offset by $4 to other comprehensive income ("OCI") for foreign currency impact and $10 for cash settlements. The Company has recorded unrecognized tax benefits in long-term liabilities.

        The Company has been under income tax examination in India and the U.K. The Indian taxing authorities issued an assessment order with respect to their examination of the various tax returns for the fiscal years ended March 31, 2005 to March 31, 2014 of the Company's Indian subsidiary, Virtusa (India) Private Ltd, now merged with and into Virtusa Consulting Services Private Limited (collectively referred to as "Virtusa India"). At issue were several matters, the most significant of which was the redetermination of the arm's-length profit which should be recorded by Virtusa India on the intercompany transactions with its affiliates. During the fiscal year ended March 31, 2011, the Company entered into a competent authority settlement and settled the uncertain tax position for the fiscal years ended March 31, 2004 and 2005. However, the redetermination of arm's-length profit on transactions with respect to the Company's subsidiaries and Virtusa UK Limited has not been resolved and remains under appeal for the fiscal year ended March 31, 2005. The Company is currently appealing assessments for fiscal years ended March 31, 2005 through 2014.