XML 78 R16.htm IDEA: XBRL DOCUMENT v2.4.0.8
Income Taxes
12 Months Ended
Dec. 31, 2012
Income Taxes  
Income Taxes

9. Income Taxes

Our income from continuing operations before income taxes in the accompanying Consolidated Statements of Income consists of (in thousands):

 
  Year ended December 31,  
 
  2012   2011   2010  

Domestic

  $ 5,811   $ 230,204   $ 260,268  

Foreign

    32,375     41,882     36,413  
               

 

  $ 38,186   $ 272,086   $ 296,681  
               

Significant components of the provision for income taxes from continuing operations are presented below (in thousands):

 
  Year ended December 31,  
 
  2012   2011   2010  

Current:

                   

Federal

  $ 2,515   $ 59,921   $ 42,324  

Foreign

    7,576     10,714     7,720  

State and local

    (317 )   805     5,215  
               

Total current provision for income taxes

    9,774     71,440     55,259  
               

Deferred:

                   

Federal

    (482 )   10,454     (32,033 )

Foreign

    727     (1,073 )   239  

State and local

    1,638     763     (3,960 )
               

Total deferred provision (benefit) for income taxes

    1,883     10,144     (35,754 )
               

Total provision for income taxes

  $ 11,657   $ 81,584   $ 19,505  
               

The following is a reconciliation of the income tax provision computed using the Federal statutory rate to our actual income tax provision (in thousands):

 
  Year ended December 31,  
 
  2012   2011   2010  

Income tax provision at U.S. statutory rates

  $ 13,366   $ 95,231   $ 103,838  

State income tax (benefit) expense (net of federal impact)

    (89 )   1,616     6,379  

Nondeductible expenses

    622     (749 )   333  

Domestic production activities deduction

    (489 )   (4,581 )   (6,365 )

Nondeductible compensation

    205     841     2,840  

Research and development tax credit

    (3,013 )   (4,675 )   (1,823 )

Net change in valuation allowance

    2,943     121     (83,079 )

Change in accrual for unrecognized tax benefits

    533     824     (1,076 )

Foreign tax rate differential

    (2,387 )   (5,225 )   (5,280 )

Other

    (34 )   (1,819 )   3,738  
               

Total provision for income taxes

  $ 11,657   $ 81,584   $ 19,505  
               

During the fourth quarter of 2012, the Company determined that it may not meet the criteria required to receive a certain incentive tax rate pursuant to a negotiated tax holiday in one foreign jurisdiction. Although the Company is continuing to negotiate the criteria for the incentive, for financial reporting purposes the Company has recorded an additional tax provision of $4.0 million which represents the cumulative effect of calculating the tax provision using the incentive tax rate as compared to the foreign country's statutory rate. As such amount is not expected to be paid within twelve months, the Company has recorded the $4.0 million as a long term taxes payable. If the Company successfully renegotiates the incentive criteria, this additional tax provision could be reversed as a future benefit in the period in which the successful negotiations are finalized.

During 2012, the Company recorded an income tax expense of $1.9 million relating to discontinued operations compared to the $29.4 million income tax benefit from discontinued operations in the prior year which was reported in accordance with the intraperiod tax allocation provisions. In addition, the Company recorded a current tax benefit of $2.1 million related to equity-based compensation which was a credit to additional paid-in capital compared to $10.4 million tax benefit recorded in the prior year.

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes.

Significant components of our deferred tax assets and liabilities are as follows (in thousands):

 
  December 31,  
 
  2012   2011  

Deferred tax assets:

             

Inventory valuation

  $ 6,386   $ 5,468  

Domestic net operating loss carry forwards

    1,144     1,082  

Tax credit carry forwards

    4,145     3,015  

Foreign net operating loss carry forwards

        89  

Warranty and installation accruals

    2,174     3,044  

Equity compensation

    9,114     5,821  

Other accruals

    3,270     2,373  

Other

    760     1,636  
           

Total deferred tax assets

    26,993     22,528  

Valuation allowance

    (4,708 )   (1,765 )
           

Net deferred tax assets

    22,285     20,763  
           

Deferred tax liabilities:

             

Purchased intangible assets

    9,973     9,818  

Undistributed earnings

    1,095     974  

Depreciation

    7,014     4,115  
           

Total deferred tax liabilities

    18,082     14,907  
           

Net deferred taxes

  $ 4,203   $ 5,856  
           

A provision has not been made as of December 31, 2012 for U.S. or additional foreign withholding taxes on approximately $96.4 million of undistributed earnings of our foreign subsidiaries because it is the present intention of management to permanently reinvest the undistributed earnings of our foreign subsidiaries in China, South Korea, Japan, Malaysia, Singapore and Taiwan. As it is our intention to reinvest those earnings permanently, it is not practicable to estimate the amount of tax that might be payable if they were remitted. We have provided deferred income taxes and future withholding taxes on the earnings that we anticipate will be remitted.

Our valuation allowance of approximately $4.7 million as of December 31, 2012 increased by approximately $2.9 million during the year then ended and relates primarily to state and local tax attributes for which we could not conclude were realizable on a more-likely-than-not basis.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):

 
  December 31,  
 
  2012   2011  

Beginning balance as of December 31

  $ 4,748   $ 3,660  

Additions for tax positions related to current year

    435     1,069  

Reductions for tax positions related to current year

         

Additions for tax positions related to prior years

    742     1,209  

Reductions for tax positions related to prior years

    (59 )   (422 )

Reductions due to the lapse of the applicable statute of limitations

    (48 )   (586 )

Settlements

        (182 )
           

Ending balance as of December 31

  $ 5,818   $ 4,748  
           

The Company does not anticipate that its uncertain tax position will change significantly within the next twelve months.

Of the amounts reflected in the table above as of December 31, 2012, the entire amount if recognized would reduce our effective tax rate. It is our policy to recognize interest and penalties related to income tax matters in income tax expense. The total accrual for interest and penalties related to unrecognized tax benefits was approximately $0.5 million and $0.2 million as of December 31, 2012 and 2011, respectively.

We or one of our subsidiaries file income tax returns in the U.S. federal jurisdiction and various state, local and foreign jurisdictions. All material federal income tax matters have been concluded for years through 2006 subject to subsequent utilization of net operating losses generated in such years. Our 2010 federal tax return is currently under examination. All material state and local income tax matters have been reviewed through 2008 with two state jurisdictions currently under examination for open tax years between 2007 and 2010. The majority of our foreign jurisdictions have been reviewed through 2009. Principally all our foreign jurisdictions remain open with respect to the 2011 and 2012 tax years.