Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.6.0.2
Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes

 

(12)

INCOME TAXES

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

 

 

 

2016

 

 

2015

 

 

2014

 

Federal:

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

$

45,258

 

 

$

45,095

 

 

$

7,677

 

Deferred

 

 

(3,961

)

 

 

2,774

 

 

 

23,659

 

Total federal

 

 

41,297

 

 

 

47,869

 

 

 

31,336

 

State:

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

 

3,406

 

 

 

2,506

 

 

 

2,060

 

Deferred

 

 

(49

)

 

 

1,798

 

 

 

529

 

Total state

 

 

3,357

 

 

 

4,304

 

 

 

2,589

 

Foreign:

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

 

31,046

 

 

 

21,204

 

 

 

5,399

 

Deferred

 

 

(1,575

)

 

 

(927

)

 

 

(140

)

Total foreign

 

 

29,471

 

 

 

20,277

 

 

 

5,259

 

Total income taxes

 

$

74,125

 

 

$

72,450

 

 

$

39,184

 

 

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 2016, 2015 and 2014 are as follows (in thousands):

 

 

 

Years Ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

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

 

$

105,589

 

 

$

44,654

 

 

$

136,726

 

 

$

52,173

 

 

$

82,778

 

 

$

32,500

 

Peoples Republic of China (“China”)

 

 

72,584

 

 

 

11,720

 

 

 

49,027

 

 

 

11,084

 

 

 

15,201

 

 

 

1,179

 

Jersey (1)

 

 

146,880

 

 

 

 

 

 

123,721

 

 

 

 

 

 

77,555

 

 

 

 

Non-benefited loss operations (2)

 

 

(16,189

)

 

 

12

 

 

 

(16,719

)

 

 

164

 

 

 

(13,021

)

 

 

 

Other jurisdictions (3)

 

 

50,620

 

 

 

17,739

 

 

 

40,742

 

 

 

9,029

 

 

 

28,867

 

 

 

5,505

 

Earnings before income taxes

 

$

359,484

 

 

$

74,125

 

 

$

333,497

 

 

$

72,450

 

 

$

191,380

 

 

$

39,184

 

Effective tax rate (4)

 

 

 

 

 

 

20.6

%

 

 

 

 

 

 

21.7

%

 

 

 

 

 

 

20.5

%

 

 

(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: Brazil, India, Israel, Japan, Panama, Poland, Romania, and South Korea.

(3)

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

(4)

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

 

For 2016, 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 2016, as reflected in the table above, earnings (loss) before income taxes in the U.S. were $105.6 million, with income tax expense of $44.7 million, which is an average rate of 42.3%.  Earnings (loss) before income taxes in non-U.S. jurisdictions were $253.9 million, with an aggregate income tax expense of $29.5 million, which is an average rate of 11.6%. Combined, this results in consolidated earnings before income taxes for the period of $359.5 million, and consolidated income tax expense for the period of $74.1 million, resulting in an effective tax rate of 20.6%.  For 2016, $253.9 million in earnings before income tax earned outside the U.S., $146.9 million was earned in Jersey, which does not impose a tax on corporate earnings.  In Jersey, earnings before income taxes increased by $23.2 million, or 18.7%, to $146.9 million in 2016 from $123.7 million in 2015. This increase was primarily attributable to the Company experiencing an increase of $344.9 million in net sales in the “Other international” geographic area for 2016 (see Note 17 – Segment and Geographic Reporting), which resulted in a significant increase in earnings before income taxes in Jersey from royalties and commissions under the terms of inter-subsidiary agreements. Due to the scalability of our operations, increases in net sales in the “Other international” geographic area from 2015 to 2016 resulted in a disproportionately greater increase in earnings before income taxes in Jersey.  In addition, there were foreign losses of $16.2 million for which no tax benefit was recognized during the year ended December 31, 2016 because of the provision of offsetting valuation allowances, but in which nonrefundable withholding taxes were paid. Individually, none of the other foreign jurisdictions included in “Other jurisdictions” in the table above had earnings greater than 5% of the Company’s consolidated earnings (loss) before taxes in any of the years shown. 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, 2016, the Company had approximately $718.5 million in cash and cash equivalents, of which $368.4 million, or 51.3%, was held outside the U.S. Of the $368.4 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 consolidated financial statements as of December 31, 2016. 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, 2016 and 2015, U.S. income taxes have not been provided on cumulative total earnings of $699.6 million and $482.7 million, respectively.

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

 

 

 

2016

 

 

2015

 

 

2014

 

Expected income tax expense

 

$

125,819

 

 

$

116,724

 

 

$

66,981

 

State income tax, net of federal benefit

 

 

2,335

 

 

 

2,011

 

 

 

1,032

 

Rate differential on foreign income

 

 

(58,508

)

 

 

(44,541

)

 

 

(27,364

)

Change in unrecognized tax benefits

 

 

135

 

 

 

(2,233

)

 

 

(2,717

)

Non-deductible expenses

 

 

2,330

 

 

 

(350

)

 

 

288

 

Other

 

 

575

 

 

 

285

 

 

 

3,333

 

Change in valuation allowance

 

 

1,439

 

 

 

554

 

 

 

(2,369

)

Total provision for income taxes

 

$

74,125

 

 

$

72,450

 

 

$

39,184

 

Effective tax rate

 

 

20.6

%

 

 

21.7

%

 

 

20.5

%

 

The tax effects of temporary differences that give rise to significant portions of deferred tax assets and deferred tax liabilities at December 31, 2016 and 2015 are presented below (in thousands):

 

 

 

2016

 

 

2015

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Inventory adjustments

 

$

6,985

 

 

$

6,249

 

Accrued expenses

 

 

29,094

 

 

 

17,619

 

Allowances for bad debts and chargebacks

 

 

4,837

 

 

 

6,972

 

Loss carryforwards

 

 

20,891

 

 

 

23,073

 

Business credit carryforward

 

 

5,031

 

 

 

5,214

 

Share-based compensation

 

 

5,993

 

 

 

3,628

 

Valuation allowance

 

 

(19,527

)

 

 

(18,088

)

Total deferred tax assets

 

 

53,304

 

 

 

44,667

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Prepaid expenses

 

 

8,422

 

 

 

8,566

 

Depreciation on property, plant and equipment

 

 

19,251

 

 

 

22,406

 

Total deferred tax liabilities

 

 

27,673

 

 

 

30,972

 

Net deferred tax assets

 

$

25,631

 

 

$

13,695

 

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, 2016 were $5.0 million and $31.7 million, respectively. 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. These tax credit and net operating loss carry-forward amounts don’t begin to expire until 2028 and 2021, respectively. As of December 31, 2016 and 2015, no valuation allowance against the related deferred tax asset have been recorded for these credit and 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, 2016 and 2015, the Company had combined foreign net operating loss carry-forwards available to reduce future taxable income of approximately $69.4 million and $66.8 million, respectively. Some of these net operating losses expire beginning in 2017; however others can be carried forward indefinitely. As of December 31, 2016 and 2015, valuation allowances of $16.7 million and $16.5 million, respectively, had been recorded 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, increased by $0.5 million during the year. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):

 

 

 

2016

 

 

2015

 

Beginning balance

 

$

6,143

 

 

$

7,936

 

Additions for current year tax positions

 

 

1,069

 

 

 

888

 

Additions for prior year tax positions

 

 

138

 

 

 

 

Reductions for prior year tax positions

 

 

 

 

 

(1,099

)

Settlement of uncertain tax positions

 

 

(616

)

 

 

 

Reductions related to lapse of statute of limitations

 

 

(126

)

 

 

(1,582

)

Ending balance

 

$

6,608

 

 

$

6,143

 

 

If recognized, $5.5 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 and totaled $0.4 million, $0.6 million, and $0.2 million for the years ended December 31, 2016, 2015, and 2014, respectively. Accrued interest and penalties were $1.1 million and $1.5 million as of December 31, 2016 and 2015, 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, 2016, the Company’s tax filings are generally subject to examination in the U.S. and most foreign jurisdictions for years ending on or after December 31, 2012, and in several Asian and European tax jurisdictions for years ending on or after December 31, 2006. During the year, the Company reduced the balance of 2016 and prior year unrecognized tax benefits by $0.1 million as a result of expiring statutes. It is reasonably possible that certain domestic and foreign statutes will expire during the next twelve months which would reduce the balance of 2016 and prior year unrecognized tax benefits by $0.4 million.

The Company is currently under examination by a number of states and certain foreign jurisdictions. During the year ended December 31, 2016, there was a $0.6 million reduction in the balance of 2016 and prior year unrecognized tax benefits due to settlements of examinations. It is reasonably possible that certain state and foreign examinations could be settled during the next twelve months which would reduce the balance of 2016 and prior year unrecognized tax benefits by $0.9 million.

In November 2015, the FASB issued ASU No. 2015‑17, “Income Taxes (Topic 740): Balance Sheet Classification of Deferred Taxes” (“ASU 2015-17”), which amends the guidance requiring companies to separate deferred income tax liabilities and assets into current and non-current amounts in a classified balance sheet. This accounting guidance simplifies the presentation of deferred income taxes, such that deferred tax liabilities and assets are classified as non-current in a classified balance sheet. ASU 2015-17 will be effective for annual and interim reporting periods beginning January 1, 2017, with early adoption permitted. In the first quarter of 2016, the Company early adopted ASU 2015-17 on a retrospective basis. For all periods presented, deferred income taxes are reported as “Deferred tax assets” or “Deferred tax liabilities” on the condensed consolidated balance sheets. Prior to adoption, the Company reported deferred income taxes in either “Deferred tax assets,” “Other assets,” or “Other long-term liabilities” in the consolidated balance sheets, depending on whether the net current deferred income taxes and net non-current deferred income taxes were in an asset or liability position. The change in presentation as of December 31, 2015 resulted in a reduction of current deferred tax assets and non-current deferred tax liabilities, and an increase of non-current deferred tax assets. The adoption of ASU 2015-17 did not have a material impact on the Company’s consolidated financial statements, financial condition or results of operations.