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Income Taxes
12 Months Ended
Dec. 31, 2012
Income Taxes [Abstract]  
Income Taxes
Note 5 – Income Taxes

Income (loss) from continuing operations before taxes and noncontrolling interests consists of the following components:

 
 
Years ended December 31,
 
 
 
2012
 
 
2011
 
 
2010
 
 
 
 
 
 
 
 
Domestic
 
$
(15,995
)
 
$
2,143
 
 
$
32,493
 
Foreign
 
 
186,032
 
 
 
328,973
 
 
 
373,040
 
 
 
$
170,037
 
 
$
331,116
 
 
$
405,533
 

Significant components of income taxes are as follows:

 
 
Years ended December 31,
 
 
 
2012
 
 
2011
 
 
2010
 
 
 
 
 
 
 
 
Current:
 
 
 
 
 
 
     Federal
 
$
8,409
 
 
$
10,968
 
 
$
9,823
 
     State and local
 
 
574
 
 
 
(801
)
 
 
2,434
 
     Foreign
 
 
44,351
 
 
 
66,844
 
 
 
59,459
 
 
 
 
53,334
 
 
 
77,011
 
 
 
71,716
 
Deferred:
 
 
 
 
 
 
 
 
 
 
 
 
     Federal
 
 
(8,557
)
 
 
6,188
 
 
 
(949
)
     State and local
 
 
(240
)
 
 
(2,286
)
 
 
2,108
 
     Foreign
 
 
1,969
 
 
 
10,206
 
 
 
(27,635
)
 
 
 
(6,828
)
 
 
14,108
 
 
 
(26,476
)
Total income tax expense
 
$
46,506
 
 
$
91,119
 
 
$
45,240
 



 
Note 5 – Income Taxes (continued)

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 for income tax purposes. Significant components of the Company's deferred tax assets and liabilities are as follows:

 
 
December 31,
 
 
 
2012
 
 
2011
 
Deferred tax assets:
 
 
 
 
     Pension and other retiree obligations
 
$
58,577
 
 
$
48,810
 
     Inventories
 
 
13,881
 
 
 
10,711
 
     Net operating loss carryforwards
 
 
158,638
 
 
 
159,831
 
     Tax credit carryforwards
 
 
16,180
 
 
 
11,225
 
     Other accruals and reserves
 
 
34,194
 
 
 
40,494
 
          Total gross deferred tax assets
 
 
281,470
 
 
 
271,071
 
          Less valuation allowance
 
 
(166,266
)
 
 
(156,073
)
 
 
 
115,204
 
 
 
114,998
 
Deferred tax liabilities:
 
 
 
 
 
 
 
 
     Tax over book depreciation
 
 
(13,975
)
 
 
(16,208
)
     Earnings not permanently reinvested
 
 
(1,652
)
 
 
(25,960
)
     Convertible debentures
 
 
(149,113
)
 
 
(105,830
)
     Other - net
 
 
(2,711
)
 
 
(2,515
)
     Total gross deferred tax liabilities
 
 
(167,451
)
 
 
(150,513
)
 
 
 
 
 
 
 
 
 
     Net deferred tax assets (liabilities)
 
$
(52,247
)
 
$
(35,515
)

The Company makes significant judgments regarding the realizability of its deferred tax assets (principally net operating losses).  The carrying value of deferred tax assets is based on the Company's assessment that it is more likely than not that the Company will realize these assets after consideration of all available positive and negative evidence.

A reconciliation of income tax expense at the U.S. federal statutory income tax rate to actual income tax provision is as follows:

 
 
Years ended December 31,
 
 
 
2012
 
 
2011
 
 
2010
 
Tax at statutory rate
 
$
59,513
 
 
$
115,891
 
 
$
141,937
 
State income taxes, net of U.S. federal tax benefit
 
 
217
 
 
 
(2,005
)
 
 
2,952
 
Effect of foreign operations
 
 
(19,083
)
 
 
(52,609
)
 
 
(69,034
)
Unrecognized tax benefits
 
 
6,626
 
 
 
4,869
 
 
 
(1,823
)
Change in valuation allowance on U.S. deferred tax asset
 
 
-
 
 
 
-
 
 
 
(36,229
)
Change in valuation allowance on non-U.S. deferred tax assets
 
 
(4,036
)
 
 
(5,554
)
 
 
(21,671
)
Tax benefit of operating loss carryforwards
 
 
(671
)
 
 
(1,588
)
 
 
(8,799
)
Foreign income taxable in the U.S.
 
 
7,476
 
 
 
22,822
 
 
 
31,294
 
Tax on foreign dividends paid to the U.S.
 
 
-
 
 
 
15,453
 
 
 
1,417
 
U.S. foreign tax credits
 
 
(4,257
)
 
 
(12,322
)
 
 
-
 
Effect of statutory rate changes on deferred tax assets
 
 
-
 
 
 
9,040
 
 
 
1,128
 
Other
 
 
721
 
 
 
(2,878
)
 
 
4,068
 
Total income tax expense
 
$
46,506
 
 
$
91,119
 
 
$
45,240
 


Note 5 – Income Taxes (continued)

Income tax expense for the years ended December 31, 2012, 2011, and 2010 include certain discrete tax items for changes in uncertain tax positions, valuation allowances, tax rates, and other related items.  These items total $(4,036) (tax benefit), $3,486, and $(59,484) (tax benefit) in 2012, 2011, and 2010, respectively.   For the year ended December 31, 2012, the discrete item is the reduction of a valuation allowance on a deferred tax asset in Israel due to a merger of several of the Company's wholly-owned subsidiaries in Israel in the fourth fiscal quarter which will allow for the realization of these tax benefits that likely otherwise would have been forgone.  For the year ended December 31, 2011, the discrete items included a $10,024 expense for the effect of a tax rate change on deferred taxes in Israel recorded in the first fiscal quarter, reduced by $984 for a 2010 tax return filing in the fourth fiscal quarter, and partially offset by benefits related to reductions of valuation allowances in various jurisdictions of $5,554 recorded in the fourth fiscal quarter.  The reductions of valuation allowances were principally in Belgium due to expected future income from a pending real estate sale.  The discrete items for the year ended December 31, 2010 were recorded in the fourth fiscal quarter and related primarily to the release of valuation allowances in the U.S. and Israel. 
 
At December 31, 2012, the Company had the following significant net operating loss carryforwards for tax purposes:

 
 
 
 
Expires
 
Austria
 
$
9,696
 
 
No expiration
 
Belgium
 
 
188,658
 
 
No expiration
 
Brazil
 
 
18,833
 
 
No expiration
 
Germany
 
 
47,180
 
 
No expiration
 
Israel
 
 
95,733
 
 
No expiration
 
Netherlands
 
 
23,519
 
 
 2013 - 2021
 
 
 
 
 
 
 
 
 
 
California
 
 
53,909
 
 
 2016 - 2032
 
Pennsylvania
 
 
548,532
 
 
2018 - 2032
 

Approximately $70,449 of the carryforwards in Belgium resulted from the Company's acquisition of BCcomponents in 2002.  Valuation allowances of $23,946 and $23,502, as of December 31, 2012 and 2011, respectively, have been recorded through goodwill for these acquired net operating losses.  Prior to the adoption of updated guidance in ASC Topic 805 on January 1, 2009, if tax benefits were recognized through the utilization of these acquired net operating losses, the benefits of such loss utilization were recorded as a reduction to goodwill.  After the adoption of the updated guidance on January 1, 2009, the benefits of such losses are recorded as a reduction of tax expense.  In 2012, 2011, and 2010, the tax benefit recognized through a reduction of acquisition-date valuation allowances recorded as a reduction of tax expense was $0, $4,299, and $567, respectively.  The reduction in valuation allowances included pre-acquisition allowances for losses in Austria and Netherlands.  As of December 31, 2011, pre-acquisition net operating losses in Netherlands expired, reducing the valuation allowances by $16,495.

At December 31, 2012, the Company had the following significant tax credit carryforwards available:

 
 
 
 
Expires
 
U.S. Foreign Tax Credit
 
$
10,482
 
 
2020 - 2022
 
California Research Credit
 
 
7,937
 
 
No expiration
 


 
Note 5 – Income Taxes (continued)

At December 31, 2012, no provision has been made for U.S. federal and state income taxes on approximately $2,607,402 of foreign earnings, which the Company continues to expect to be reinvested outside of the United States indefinitely.  Upon distribution of those earnings in the form of dividends or otherwise, the Company would be subject to U.S. income taxes (subject to an adjustment for foreign tax credits), state income taxes, incremental foreign income taxes, and withholding taxes payable to the various foreign countries.  Determination of the amount of unrecognized deferred U.S. income tax liability is not practicable because of the complexities associated with its hypothetical calculation.

As of December 31, 2008, the Company recorded additional tax expense for an expected repatriation of $112,500 because such earnings were not deemed to be indefinitely reinvested outside of the United States.  During the third fiscal quarter of 2012, the Company repatriated $72,100 of cash to the U.S., which substantially completed the $112,500 cash repatriation program the Company initiated in 2008. This repatriated cash was used to reduce the amount outstanding under the Company's revolving credit facility.  At the present time, the Company expects that the remaining cash and profits generated by foreign subsidiaries will continue to be reinvested indefinitely.

Net income taxes paid (refunded) were $46,611, $126,918, and $23,322 for the years ended December 31, 2012, 2011, and 2010, respectively.

The Company and its subsidiaries are subject to income taxes in the U.S. and numerous foreign jurisdictions.  Significant judgment is required in evaluating the Company's tax positions and determining its provision for income taxes. During the ordinary course of business, there are many transactions and calculations for which the ultimate tax determination is uncertain. The Company establishes reserves for tax-related uncertainties based on estimates of whether, and the extent to which, additional taxes will be due. These reserves are established when the Company believes that certain positions might be challenged despite the Company's belief that its tax return positions are fully supportable.  The Company adjusts these reserves in light of changing facts and circumstances and the provision for income taxes includes the impact of reserve provisions and changes to reserves that are considered appropriate.

These accruals for tax-related uncertainties are based on management's best estimate of potential tax exposures.  When particular matters arise, a number of years may elapse before such matters are audited by tax authorities and finally resolved.  Favorable resolution of such matters could be recognized as a reduction to the Company's effective tax rate in the year of resolution.  Unfavorable resolution of any particular issue could increase the effective tax rate and may require the use of cash in the year of resolution.  

Until the spin-off of VPG on July 6, 2010, VPG was included in the Company's consolidated federal income tax returns and with the Company and/or certain of the Company's subsidiaries in applicable combined or unitary state and local income tax returns.  In conjunction with the spin-off, the Company and VPG entered a tax matters agreement under which the Company generally will be liable for all U.S. federal, state, local, and foreign income taxes attributable to VPG with respect to taxable periods ending on or before the distribution date except to the extent that VPG has a liability for such taxes on its books at the time of the spin-off.  The Company is also principally responsible for managing any income tax audits by the various tax jurisdictions for pre-spin-off periods. The Company has fully indemnified VPG of tax exposures arising prior to the spin-off.







 
Note 5 – Income Taxes (continued)

The Company recognizes interest and penalties related to unrecognized tax benefits in income tax expense.  At December 31, 2012 and 2011, the Company had accrued interest and penalties related to the unrecognized tax benefits of $8,671 and $5,764, respectively.  During the years ended December 31, 2012, 2011, and 2010, the Company recognized $2,833, $3,795, and $1,081, respectively, in interest and penalties.

The following table summarizes changes in the liabilities associated with unrecognized tax benefits:

 
 
Years ended December 31,
 
 
 
2012
 
 
2011
 
 
2010
 
 
 
 
 
 
 
 
Balance at beginning of year
 
$
53,808
 
 
$
54,285
 
 
$
54,463
 
Addition based on tax positions related to the current year
 
 
665
 
 
 
2,459
 
 
 
1,916
 
Addition based on tax positions related to prior years
 
 
6,332
 
 
 
10,918
 
 
 
3,090
 
Currency translation adjustments
 
 
(162
)
 
 
(922
)
 
 
451
 
Reduction based on tax positions related to prior years
 
 
-
 
 
 
(3,293
)
 
 
(670
)
Reduction for settlements
 
 
(359
)
 
 
(9,604
)
 
 
(3,289
)
Reduction for lapses of statute of limitation
 
 
-
 
 
 
(35
)
 
 
(1,676
)
Balance at end of year
 
$
60,284
 
 
$
53,808
 
 
$
54,285
 

The amount of unrecognized tax benefits as of December 31, 2012 that if recognized would affect the effective tax rate is $60,284.  The current portion of unrecognized tax benefits, representing the amount the Company expects that the unrecognized tax benefits will decrease in the next year, principally due to settlements of tax audits in Germany, is $9,147.

The Company and its subsidiaries file U.S. federal income tax returns, as well as income tax returns in multiple U.S. state and foreign jurisdictions.  The U.S. Internal Revenue Service concluded its examinations of Vishay's U.S. federal tax returns for all tax years through 2002.  Because of net operating losses, which were fully utilized on the 2010 tax return, the Company's U.S. federal tax return for 2003 and subsequent years remain subject to examination.  Examinations of most principal subsidiaries in Israel through the 2007 tax year were concluded in 2010, and these principal subsidiaries are currently under audit for tax years 2008 through 2010.  The tax returns of other significant non-U.S. subsidiaries are currently under examination in Germany (2005 through 2008), India (2004 through 2009), China (2007 through 2011), and the Republic of China (Taiwan) (2006 through 2011).  The Company and its subsidiaries are also subject to income taxes in other taxing jurisdictions in the U.S. and around the world, many of which are still open to examinations.