XML 22 R10.htm IDEA: XBRL DOCUMENT v3.20.4
Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

 

3. Income Taxes

We are subject to future federal, state, and foreign income taxes and have recorded net deferred tax assets on the Consolidated Balance Sheets at December 31, 2020 and 2019. Deferred tax assets and liabilities are determined based on the difference between the financial accounting and tax bases of assets and liabilities. We present below significant components of our deferred tax assets and liabilities as of December 31, 2020 and 2019 are as follows (in thousands):

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Accounts receivable

 

$

832

 

 

$

667

 

Accrued liabilities

 

 

8,407

 

 

 

8,083

 

Equity-based compensation

 

 

5,902

 

 

 

5,888

 

Capitalized costs

 

 

578

 

 

 

726

 

Accrued sales taxes

 

 

145

 

 

 

187

 

Operating lease liabilities

 

 

8,828

 

 

 

10,869

 

State tax credits

 

 

3,408

 

 

 

4,027

 

Foreign subsidiary net operating losses

 

 

78

 

 

 

62

 

Valuation allowance

 

 

(3,375

)

 

 

(2,886

)

Other

 

 

659

 

 

 

479

 

 

 

 

25,462

 

 

 

28,102

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Intangible assets

 

 

7,414

 

 

 

7,548

 

Depreciation

 

 

1,250

 

 

 

1,228

 

Deferred commissions

 

 

2,713

 

 

 

2,326

 

Operating lease right-of-use assets

 

 

8,325

 

 

 

10,223

 

 

 

 

19,702

 

 

 

21,325

 

Net deferred tax assets

 

$

5,760

 

 

$

6,777

 

We present below income from domestic and foreign operations before income tax expense for the years ended December 31, 2020, 2019 and 2018 are as follows (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

Domestic

 

$

101,681

 

 

$

104,878

 

 

$

126,542

 

Foreign

 

 

12,095

 

 

 

11,199

 

 

 

9,689

 

Total

 

$

113,776

 

 

$

116,077

 

 

$

136,231

 

 

The components of our income tax provision for the years ended December 31, 2020, 2019 and 2018 are as follows (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

13,860

 

 

$

18,682

 

 

$

22,606

 

State

 

 

4,793

 

 

 

5,711

 

 

 

6,182

 

Foreign

 

 

6,847

 

 

 

7,323

 

 

 

7,018

 

 

 

 

25,500

 

 

$

31,716

 

 

$

35,806

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(393

)

 

 

(863

)

 

 

(3,127

)

State

 

 

1,113

 

 

 

(326

)

 

 

(674

)

Foreign

 

 

316

 

 

 

(212

)

 

 

(464

)

 

 

 

1,036

 

 

 

(1,401

)

 

 

(4,265

)

Total

 

$

26,536

 

 

$

30,315

 

 

$

31,541

 

As a result of losses in foreign locations, we have a net operating loss carry-forwards (“NOLs”) of approximately $0.3 million available to offset future income. Approximately $0.2 million of the NOLs expire in 2025 with the remaining with no expiration. We have established a valuation allowance for a portion of these NOLs because the ability to utilize them is not more likely than not to occur.

We have tax credit carry-forwards of approximately $4.3 million available to offset future state tax. These tax credit carry-forwards expire in 2021 to 2030. These credits represent a deferred tax asset of $3.4 million after consideration of the federal benefit of state tax deductions. A valuation allowance of $2.2 million has been established for these credits because the ability to use them is not more likely than not.

At December 31, 2020 we had approximately $52.2 million of undistributed earnings and profits. The undistributed earnings and profits are considered previously taxed income and would not be subject to U.S. income taxes upon repatriation of those earnings, in the form of dividends.  The undistributed earnings and profits are considered to be permanently reinvested, accordingly no provision for local withholdings taxes have been provided, however, upon repatriation of those earnings, in the form of dividends, we could be subject to additional local withholding taxes.  

We present below a summary of the items that cause recorded income taxes to differ from taxes computed using the statutory federal income tax rate for the years ended December 31, 2020, 2019 and 2018:

 

 

 

Year Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Statutory federal income tax rate

 

 

21.0

%

 

 

21.0

%

 

 

21.0

%

Effect of:

 

 

 

 

 

 

 

 

 

 

 

 

State income tax, net of federal benefit

 

 

3.9

 

 

 

3.5

 

 

 

3.4

 

State credit carryforwards

 

 

0.5

 

 

 

1.3

 

 

 

0.3

 

U.S. federal R&D tax credit

 

 

(1.9

)

 

 

(1.9

)

 

 

(1.7

)

Tax Reform

 

 

-

 

 

-

 

 

 

(0.1

)

Excess benefit of equity compensation

 

 

(3.4

)

 

 

(0.1

)

 

 

(0.6

)

Employee compensation limitation

 

 

2.7

 

 

 

2.1

 

 

 

0.9

 

Global Intangible Low Taxed Income (GILTI)

 

 

0.1

 

 

                          -

 

 

-

 

Foreign-derived intangible income (FDII) deduction

 

 

(2.7

)

 

 

(3.1

)

 

 

(1.6

)

Foreign operations

 

 

1.0

 

 

 

1.1

 

 

 

1.2

 

Tax contingencies

 

 

1.9

 

 

 

3.7

 

 

 

0.5

 

Other permanent differences

 

 

(0.2

)

 

 

(0.6

)

 

 

0.1

 

Change in valuation allowance

 

 

0.4

 

 

 

(0.9

)

 

 

(0.2

)

Income taxes

 

 

23.3

%

 

 

26.1

%

 

 

23.2

%

On December 22, 2017, the United States enacted tax reform legislation commonly known as the Tax Cuts and Jobs Act (“the Act”), resulting in significant modifications to existing law. In December 2017, we recorded a provisional estimate of $3.3 million for the one-time deemed repatriation transition tax on unrepatriated foreign earnings.  The provisional amount was based on information available at that time, including estimated tax earnings and profits from foreign investments.  In the fourth quarter of 2018, we finalized our transition tax calculation and recorded additional tax expense of $0.3 million.  In December 2017, we also recorded a provisional write-down to deferred tax assets of $0.7 million related to changes in Section 162(m), Internal Revenue Code of 1986, regarding deductions for excessive employee compensation.  In 2018, we finalized our calculation under Section 162(m) and recorded a tax benefit of $0.5 million.  We also recorded a one-time tax benefit in December 2017 of $1.2 million from the remeasurement of deferred tax assets and liabilities from 35% to 21%.  As of December 31, 2018, we completed the accounting for all of the impacts of the Act.

 

The Act provides for the global intangible low-taxed income (“GILTI”) provision which requires us in our U.S. income tax return, to include foreign subsidiary earnings in excess of an allowable return on the foreign subsidiary’s tangible assets.   The FASB staff  provided additional guidance to address the accounting for the effects of the provisions related to the taxation of GILTI, noting that companies should make an accounting policy election to recognize deferred taxes for temporary basis differences expected to reverse as GILTI in future years or to include the tax expense in the year it is incurred. We have elected to include the tax expense in the year that we incur it. 

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows for the years ended December 31, 2020, 2019 and 2018 (in thousands):

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unrecognized tax benefits at January 1,

 

$

(11,239

)

 

$

(7,113

)

 

$

(7,419

)

Gross amount of increases in unrecognized tax benefits as a

   result of tax positions taken during a prior period

 

 

(118

)

 

 

(2,428

)

 

 

(873

)

Gross amount of decreases in unrecognized tax benefits as a

    result of tax positions taken during a prior period

 

 

1,598

 

 

 

445

 

 

 

233

 

Gross amount of increases in unrecognized tax benefits as a

   result of tax positions taken during the current period

 

 

(3,256

)

 

 

(2,489

)

 

 

(78

)

Reductions to unrecognized tax benefits relating to

   settlements with taxing authorities

 

 

-

 

 

                                 -

 

 

 

349

 

Reductions to unrecognized tax benefits as a result of a lapse of

   the applicable statute of limitations

 

 

211

 

 

 

346

 

 

 

675

 

Unrecognized tax benefits at December 31,

 

$

(12,804

)

 

$

(11,239

)

 

$

(7,113

)

Our unrecognized tax benefits totaled $12.8 million and $11.2 million as of December 31, 2020 and 2019, respectively. Included in these amounts are unrecognized tax benefits totaling $11.9 million and $10.2 million as of December 31, 2020 and 2019, respectively, which, if recognized, would affect the effective tax rate.

We recognize potential accrued interest and penalties related to unrecognized tax benefits within our global operations in income tax expense. For the years ended December 31, 2020, 2019 and 2018, the Company recognized the following income tax expense: $0.4 million, $0.5 million, and $0.5 million, respectively, for the potential payment of interest and penalties. Accrued interest and penalties were $2.0 million and $1.7 million for the years ended December 31, 2020 and 2019. We conduct business globally and, as a result, file income tax returns in the United State federal jurisdiction and in many state and foreign jurisdictions. We are generally no longer subject to U.S. federal, state, and local, or non-US income tax examinations for the years before 2012. Due to the expiration of statutes of limitations in multiple jurisdictions globally during 2020, the Company anticipates it is reasonably possible that unrecognized tax benefits may decrease by $3.9 million.