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Income Taxes
12 Months Ended
Dec. 31, 2015
Income Taxes  
Income Taxes

 

Note 19. Income Taxes

        Loss before income taxes is as follows:

                                                                                                                                                                                    

 

 

Years ended December 31,

 

 

 

2015

 

2014

 

2013

 

 

 

(in thousands)

 

United States

 

$

12,708

 

$

(11,987

)

$

(18,998

)

Foreign

 

 

2,497

 

 

1,820

 

 

2,894

 

​  

​  

​  

​  

​  

​  

Loss before income taxes

 

$

15,205

 

$

(10,167

)

$

(16,104

)

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        Provision for income taxes is as follows:

                                                                                                                                                                                    

 

 

Years ended December 31,

 

 

 

2015

 

2014

 

2013

 

 

 

(in thousands)

 

Current:

 

 

 

 

 

 

 

 

 

 

United States

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

$

 

$

 

State

 

 

(33

)

 

59

 

 

84

 

Foreign

 

 

374

 

 

780

 

 

641

 

​  

​  

​  

​  

​  

​  

Total current

 

 

341

 

 

839

 

 

725

 

​  

​  

​  

​  

​  

​  

Deferred:

 

 

 

 

 

 

 

 

 

 

Foreign

 

 

186

 

 

260

 

 

315

 

​  

​  

​  

​  

​  

​  

Total deferred

 

 

186

 

 

260

 

 

315

 

​  

​  

​  

​  

​  

​  

Income tax provision

 

$

527

 

$

1,099

 

$

1,040

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        Reconciliations of income taxes at the United States Federal statutory rate to the effective income tax rate are as follows:

                                                                                                                                                                                    

 

 

Years ended December 31,

 

 

 

2015

 

2014

 

2013

 

 

 

(in thousands)

 

Income tax benefit at the United States statutory rate

 

$

5,322

 

$

(3,558

)

$

(5,636

)

State income taxes

 

 

(22

)

 

38

 

 

55

 

Unrecognized tax benefits

 

 

(174

)

 

184

 

 

(293

)

Effect of change in valuation allowance

 

 

(5,676

)

 

(6,835

)

 

5,975

 

Foreign income tax rate differentials

 

 

600

 

 

259

 

 

(1,244

)

Unremitted earnings of foreign subsidiaries

 

 

(102

)

 

(758

)

 

961

 

Stock options

 

 

379

 

 

686

 

 

450

 

Deemed distribution from foreign subsidiaries

 

 

 

 

607

 

 

316

 

Discrete items, net

 

 

(540

)

 

9,143

 

 

 

Other, net

 

 

740

 

 

1,333

 

 

456

 

​  

​  

​  

​  

​  

​  

Income tax provision

 

$

527

 

$

1,099

 

$

1,040

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        Significant components of current and long-term deferred income taxes are as follows:

                                                                                                                                                                                    

 

 

As of December 31,

 

 

 

2015

 

2014

 

 

 

Current

 

Long Term

 

Current

 

Long Term

 

 

 

(in thousands)

 

Federal net operating loss carryforwards

 

$

 

$

101,479

 

$

 

$

105,119

 

State net operating loss carryforwards

 

 

 

 

1,636

 

 

 

 

2,210

 

Foreign net operating loss carryforwards

 

 

 

 

810

 

 

 

 

1,280

 

Federal tax credit carryforwards

 

 

 

 

16,343

 

 

 

 

16,669

 

State tax credit carryforwards

 

 

 

 

3,964

 

 

 

 

5,293

 

Unremitted earnings of foreign subsidiaries

 

 

 

 

(8,632

)

 

 

 

(8,800

)

Intangible assets

 

 

 

 

286

 

 

 

 

383

 

Property, plant and equipment

 

 

 

 

9,331

 

 

 

 

4,548

 

Accrued compensation

 

 

1,082

 

 

 

 

65

 

 

 

Inventories

 

 

2,541

 

 

 

 

9,808

 

 

 

Stock compensation

 

 

 

 

6,001

 

 

 

 

5,198

 

Warranty

 

 

1,214

 

 

 

 

486

 

 

 

Other

 

 

1,237

 

 

(3,945

)

 

1,620

 

 

(2,328

)

​  

​  

​  

​  

​  

​  

​  

​  

Deferred taxes, gross

 

 

6,074

 

 

127,273

 

 

11,979

 

 

129,572

 

​  

​  

​  

​  

​  

​  

​  

​  

Valuation allowance

 

 

(6,335

)

 

(125,928

)

 

(10,975

)

 

(128,982

)

​  

​  

​  

​  

​  

​  

​  

​  

Deferred taxes, net

 

$

(261

)

$

1,345

 

$

1,004

 

$

590

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        At December 31, 2015, the Company had $124.2 million of deferred tax assets worldwide relating to net operating loss carryforwards, tax credit carryforwards and other temporary differences, which are available to reduce income taxes in future years. A valuation allowance must be established when it is "more likely than not" that all or a portion of deferred tax assets will not be realized. A review of all available positive and negative evidence needs to be considered, including a company's performance, the market environment in which the company operates, length of carryback and carryforward periods, existing sales backlog, and projections of future operating results. Where there are cumulative losses in recent years there is a strong presumption that a valuation allowance is needed. This presumption can be overcome in very limited circumstances.

        The Company maintains a 100% domestic valuation allowance reducing the carrying value of the deferred tax assets in the United States to zero. The Company will continue to maintain a full valuation allowance for those tax assets until sustainable future levels of profitability are evident. Changes in the valuation allowance in 2015 and 2014 were attributable to changes in the composition of temporary differences and changes in net operating loss carryforwards. The remaining net deferred tax asset on the consolidated balance sheet represents the balances related to the activities of the foreign subsidiaries.

        At December 31, 2015, the Company has federal and state net operating loss carryforwards of $327.1 million and foreign net operating loss carryforwards of $3.4 million, expiring principally between 2016 and 2034.

        The Company has research and development and other tax credit carryforwards of $16.7 million at December 31, 2015 that can be used to reduce future federal and state income tax liabilities. These tax credit carryforwards expire principally between 2016 and 2028. In addition, the Company has foreign tax credit carryforwards of $3.6 million at December 31, 2015 that are available to reduce future U.S. income tax liabilities subject to certain limitations. These foreign tax credit carryforwards expire in 2016.

        It is Company policy to provide taxes for the total anticipated tax impact of the undistributed earnings of our wholly-owned foreign subsidiaries, as such earnings are not expected to be reinvested indefinitely. The Company anticipates that U.S. tax resulting from remitting such earnings will be off-set by net operating loss or credit carryforwards to the extent available. In addition, the Company does not anticipate incurring a foreign withholding tax on remitting such earnings since it does not intend to remit the earnings as dividends.

        The Company and its subsidiaries file income tax returns in the U.S. federal jurisdiction and various states and foreign jurisdictions. The Company and most foreign subsidiaries are subject to income tax examinations by tax authorities for all years dating back to 2005. The Company's policy is to recognize interest related to unrecognized tax benefits as interest expense and penalties as operating expenses. The Company believes that it has appropriate support for the income tax positions taken and to be taken on its tax returns and that its accruals for tax liabilities are adequate for all open years based on an assessment of many factors including past experience and interpretations of tax law applied to the facts of each matter.

        At December 31, 2015, the Company had unrecognized tax benefits related to uncertain tax positions of approximately $7.7 million, of which approximately $5.5 million reduced the Company's deferred tax assets and the offsetting valuation allowance and $2.1 million was recorded in other long-term liabilities. The Company does not expect any significant changes in unrecognized tax benefits in 2016. The Company recognized $0.2 million in interest and penalty expense related to unrecognized tax benefits for each of the years-ended December 31, 2015, 2014 and 2013, respectively.

        See Note 3 above relating to the potential effect associated with the taxable gain on the sale of the Company's corporate headquarters.

        A reconciliation of the beginning and ending balance of unrecognized tax benefits are as follows:

                                                                                                                                                                                    

 

 

2015

 

2014

 

 

 

(in thousands)

 

Balance at beginning of year

 

$

7,960

 

$

7,645

 

(Decrease) increase in unrecognized tax benefits as a result of tax positions taken during a prior period

 

 

(78

)

 

92

 

Decreases in unrecognized tax benefits related to settlements with tax authorities

 

 

(211

)

 

 

Increases in unrecognized tax benefits as a result of tax positions taken during the current period

 

 

 

 

223

 

​  

​  

​  

​  

Balance at end of year

 

$

7,671

 

$

7,960

 

​  

​  

​  

​  

Recorded as other long-term liability

 

$

2,142

 

$

2,328

 

Recorded as a decrease in deferred tax assets and offsetting valuation allowance

 

 

5,529

 

 

5,632

 

​  

​  

​  

​  

 

 

$

7,671

 

$

7,960

 

​  

​  

​  

​  

​  

​  

​  

​