Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.3.1.900
Income Taxes
12 Months Ended
Dec. 31, 2015
Income Tax Disclosure [Abstract]  
Income Taxes

 

(12)

INCOME TAXES

The provisions for income tax expense were as follows (in thousands):

 

 

 

2015

 

 

2014

 

 

2013

 

Federal:

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

$

45,095

 

 

$

7,677

 

 

$

632

 

Deferred

 

 

2,774

 

 

 

23,659

 

 

 

11,537

 

Total federal

 

 

47,869

 

 

 

31,336

 

 

 

12,169

 

State:

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

 

2,506

 

 

 

2,060

 

 

 

519

 

Deferred

 

 

1,798

 

 

 

529

 

 

 

119

 

Total state

 

 

4,304

 

 

 

2,589

 

 

 

638

 

Foreign:

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

 

21,204

 

 

 

5,399

 

 

 

8,228

 

Deferred

 

 

(927

)

 

 

(140

)

 

 

312

 

Total foreign

 

 

20,277

 

 

 

5,259

 

 

 

8,540

 

Total income taxes

 

$

72,450

 

 

$

39,184

 

 

$

21,347

 

 

The Company’s provision for income tax expense and effective income tax rate are significantly impacted by the mix of the Company’s domestic and foreign earnings (loss) before income taxes. In the non-U.S. jurisdictions in which the Company has operations, the applicable statutory rates are generally significantly lower than in the U.S., ranging from 0% to 34%. The Company’s provision for income tax expense was calculated using the applicable statutory rate for each jurisdiction applied to the Company’s pre-tax earnings (loss) in each jurisdiction, while the Company’s effective tax rate is calculated by dividing income tax expense by earnings before income taxes.

The Company’s earnings (loss) before income taxes and income tax expense for 2015, 2014 and 2013 are as follows (in thousands):

 

 

 

Years Ended December 31,

 

 

 

2015

 

 

2014

 

 

2013

 

Income tax jurisdiction

 

Earnings (loss)

before income

taxes

 

 

Income tax

expense

 

 

Earnings (loss)

before income

taxes

 

 

Income tax

expense

 

 

Earnings (loss)

before income

taxes

 

 

Income tax

expense

 

United States

 

$

136,725

 

 

$

52,173

 

 

$

82,778

 

 

$

32,500

 

 

$

38,705

 

 

$

12,807

 

Canada

 

 

4,228

 

 

 

1,024

 

 

 

6,241

 

 

 

1,572

 

 

 

4,091

 

 

 

1,187

 

Chile

 

 

2,983

 

 

 

572

 

 

 

629

 

 

 

138

 

 

 

9,622

 

 

 

1,920

 

Peoples Republic of China (“China”)

 

 

49,028

 

 

 

11,084

 

 

 

15,201

 

 

 

1,179

 

 

 

6,148

 

 

 

1,646

 

Jersey (1)

 

 

123,721

 

 

 

 

 

 

77,555

 

 

 

 

 

 

25,348

 

 

 

 

Non-benefited loss operations (2)

 

 

(16,719

)

 

 

164

 

 

 

(13,021

)

 

 

 

 

 

(15,841

)

 

 

 

Other jurisdictions (3)

 

 

33,531

 

 

 

7,433

 

 

 

21,997

 

 

 

3,795

 

 

 

14,142

 

 

 

3,787

 

Earnings before income taxes

 

$

333,497

 

 

$

72,450

 

 

$

191,380

 

 

$

39,184

 

 

$

82,215

 

 

$

21,347

 

Effective tax rate (4)

 

 

 

 

 

 

21.7

%

 

 

 

 

 

 

20.5

%

 

 

 

 

 

 

26.0

%

 

 

(1)

Jersey does not assess income tax on corporate net earnings.

(2)

Consists of entities in the following tax jurisdictions where no tax benefit is recognized in the period being reported because of the provision of offsetting valuation allowances: Panama, Poland, Romania, Japan, Brazil and India.

(3)

Consists of entities in the following tax jurisdictions, each of which comprises not more than 5% of 2015 consolidated earnings (loss) before taxes: Hungary, Serbia, Bosnia, Herzegovina, Montenegro, Macedonia, Albania, Kosovo, Vietnam, Panama, Peru, Colombia, Costa Rica, UK, Germany, France, Spain, Belgium, Italy, Netherlands, Switzerland, Malaysia, Thailand, Singapore, Hong Kong, Portugal and Austria.

(4)

The effective tax rate is calculated by dividing income tax expense (benefit) by earnings before income taxes.

For 2015, the effective tax rate was lower than the U.S. federal and state combined statutory rate of approximately 39% primarily because of earnings from foreign operations in jurisdictions imposing either lower tax rates on corporate earnings or no corporate income tax.  During 2015, as reflected in the table above, earnings (loss) before income taxes in the U.S. were earnings of $136.7 million, with income tax expense of $52.2 million, which is an average rate of 38.2%. Earnings (loss) before income taxes in non-U.S. jurisdictions were earnings of $196.8 million, with aggregate income tax expense of $20.3 million, which is an average rate of 10.3%. Combined, this results in consolidated earnings before income taxes for the period of $333.5 million, and consolidated income tax expense for the period of $72.5 million, resulting in an effective tax rate of 21.7%. For 2015, of the Company’s $196.8 million in earnings before income tax earned outside the U.S., $123.7 million was earned in Jersey, which does not impose a tax on corporate earnings.  In Jersey, earnings before income taxes increased by $46.1 million, or 59%, to $123.7 million for 2015 from $77.6 million for 2014. This increase was primarily attributable to the Company experiencing an increase of $433.7 million in net sales in the “Other international” geographic area for 2015 (see Note 17 – Segment Information), which resulted in a significant increase in earnings before income taxes in Jersey from royalties and commissions under the terms of inter-subsidiary agreements.  Increases in net sales in the “Other international” geographic area from 2014 to 2015 resulted in a disproportionately greater increase in earnings before income taxes in Jersey.  In addition, there were foreign losses of $16.7 million for which no tax benefit was recognized during the year ended December 31, 2015 because of the provision of offsetting valuation allowances, but in which $0.2 million in nonrefundable withholding taxes were paid. Individually, none of the other foreign jurisdictions included in “Other jurisdictions” in the table above had more than 5% of our 2015 consolidated earnings (loss) before taxes. Unremitted earnings of non-U.S. subsidiaries are expected to be reinvested outside of the U.S. indefinitely. Such earnings would become taxable upon the sale or liquidation of these subsidiaries or upon the remittance of dividends.

As of December 31, 2015, the Company had approximately $508.0 million in cash and cash equivalents, of which $218.7 million, or 43.1%, was held outside the U.S. Of the $218.7 million held by the Company’s non-U.S. subsidiaries, approximately $33.4 million is available for repatriation to the U.S. without incurring U.S. income taxes and applicable non-U.S. income and withholding taxes in excess of the amounts accrued in the Company’s financial statements as of December 31, 2015. The Company’s cash and cash equivalents held in the U.S. and cash provided from operations are sufficient to meet the Company’s liquidity needs in the U.S. for the next twelve months and the Company does not expect to repatriate any of the funds presently designated as indefinitely reinvested outside the U.S. Because of the need for cash for operating capital and continued overseas expansion, the Company also does not foresee the need for any of its foreign subsidiaries to distribute funds up to an intermediate foreign parent company in any form of taxable dividend. Under current applicable tax laws, if the Company chooses to repatriate some or all of the funds designated as indefinitely reinvested outside the U.S., the amount repatriated would be subject to U.S. income taxes and applicable non-U.S. income and withholding taxes. As of December 31, 2015 and 2014, U.S. income taxes have not been provided on cumulative total earnings of $482.7 million and $318.2 million, respectively.

Income taxes differ from the statutory tax rates as applied to earnings before income taxes as follows (in thousands):

 

 

 

2015

 

 

2014

 

 

2013

 

Expected income tax expense

 

$

116,724

 

 

$

66,981

 

 

$

28,775

 

State income tax, net of federal benefit

 

 

2,011

 

 

 

1,032

 

 

 

255

 

Rate differential on foreign income

 

 

(44,541

)

 

 

(27,364

)

 

 

(11,897

)

Change in unrecognized tax benefits

 

 

(2,233

)

 

 

(2,717

)

 

 

740

 

Non-deductible expenses

 

 

(350

)

 

 

288

 

 

 

(150

)

Prior year R&D credit claims

 

 

 

 

 

 

 

 

(493

)

Other

 

 

285

 

 

 

3,333

 

 

 

(1,187

)

Change in valuation allowance

 

 

554

 

 

 

(2,369

)

 

 

5,304

 

Total provision for income taxes

 

$

72,450

 

 

$

39,184

 

 

$

21,347

 

Effective tax rate

 

 

21.7

%

 

 

20.5

%

 

 

26.0

%

 

The tax effects of temporary differences that give rise to significant portions of deferred tax assets and deferred tax liabilities at December 31, 2015 and 2014 are presented below (in thousands):

 

 

 

2015

 

 

2014

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Inventory adjustments

 

$

6,249

 

 

$

4,942

 

Accrued expenses

 

 

17,619

 

 

 

15,103

 

Allowances for bad debts and chargebacks

 

 

6,972

 

 

 

6,407

 

Loss carryforwards

 

 

23,073

 

 

 

23,247

 

Business credit carryforward

 

 

5,214

 

 

 

4,042

 

Share-based compensation

 

 

3,628

 

 

 

2,282

 

Valuation allowance

 

 

(18,088

)

 

 

(17,534

)

Total deferred tax assets

 

 

44,667

 

 

 

38,489

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Prepaid expenses

 

 

8,566

 

 

 

7,588

 

Depreciation on property, plant and equipment

 

 

22,406

 

 

 

22,050

 

Total deferred tax liabilities

 

 

30,972

 

 

 

29,638

 

Net deferred tax assets

 

$

13,695

 

 

$

8,851

 

 

The Company believes it is more likely than not that the results of future operations will generate sufficient taxable income to realize the net deferred tax assets.

State tax credit and net operating loss carry-forward amounts remaining as of December 31, 2015 were $8.8 million and $33.3 million, respectively. State tax credit and net operating loss carry-forward amounts remaining as of December 31, 2014 were $7.2 million and $65.6 million, respectively. These tax credit and net operating loss carry-forward amounts don’t begin to expire until 2028 and 2021, respectively. As of December 31, 2015 and 2014, no valuation allowance against the related deferred tax asset has been set up for these loss and credit carry-forwards as it is believed the carry-forwards will be fully utilized in reducing future taxable income.

As of December 31, 2015 and 2014, the Company had combined foreign net operating loss carry-forwards available to reduce future taxable income of approximately $66.8 million and $56.9 million, respectively. Some of these net operating losses expire beginning in 2016; however others can be carried forward indefinitely. As of December 31, 2015 and 2014, valuation allowances of $16.5 million and $15.9 million, respectively, had been set up against the related deferred tax assets for those loss carry-forwards that are not more likely than not to be fully utilized in reducing future taxable income.

The balance of unrecognized tax benefits, included in prepaid expenses in the consolidated balance sheets, decreased by $1.8 million during the year. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):

 

 

 

2015

 

 

2014

 

Beginning balance

 

$

7,936

 

 

$

10,816

 

Additions for current year tax positions

 

 

888

 

 

 

773

 

Reductions for prior year tax positions

 

 

(1,099

)

 

 

(2,227

)

Reductions related to lapse of statute of limitations

 

 

(1,582

)

 

 

(1,426

)

Ending balance

 

$

6,143

 

 

$

7,936

 

 

If recognized, $6.1 million of unrecognized tax benefits would be recorded as a reduction in income tax expense.

Estimated interest and penalties related to the underpayment of income taxes are classified as a component of income tax expense (benefit) and totaled  $(0.6) million for the year ended December 31, 2015, $(0.2) million for the year ended December 31, 2014, and $0.1 million for the year ended December 31, 2013. Accrued interest and penalties were $1.5 million and $1.7 million as of December 31, 2015 and 2014, respectively.

The amount of income taxes the Company pays is subject to ongoing audits by taxing jurisdictions around the world. The Company’s estimate of the potential outcome of any uncertain tax position is subject to its assessment of relevant risks, facts, and circumstances existing at that time. The Company believes that it has adequately provided for these matters. However, the Company’s future results may include favorable or unfavorable adjustments to its estimates in the period the audits are resolved, which may impact the Company’s effective tax rate.

As of December 31, 2015, the Company’s tax filings are generally subject to examination in the U.S. and several Asian and European tax jurisdictions for years ending on or after December 31, 2010. During the year, the Company reduced the balance of 2015 and prior year unrecognized tax benefits by $1.6 million as a result of expiring statutes.

The Company is currently under examination by a number of states and certain foreign jurisdictions. During the year ended December 31, 2015, there was no reduction in the balance of 2015 and prior year unrecognized tax benefits due to any settlement of an examination. It is reasonably possible that certain state and foreign examinations could be settled during the next twelve months which would reduce the balance of 2015 and prior year unrecognized tax benefits by $1.5 million.