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Income Taxes
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Income Taxes

Note 7. Income Taxes

Income before income taxes and the provision for income taxes consisted of the following:

 

 

Year Ended December 31,

 

 

 

2022

 

 

2021

 

 

2020

 

(In thousands)

 

 

 

United States

 

$

(100,609

)

 

$

42,219

 

 

$

42,124

 

International

 

 

18,587

 

 

 

23,285

 

 

 

28,679

 

Total

 

$

(82,022

)

 

$

65,504

 

 

$

70,803

 

 

 

 

 

Year Ended December 31,

 

(In thousands)

 

2022

 

 

2021

 

 

2020

 

Current:

 

 

 

 

 

 

 

 

 

U.S. Federal

 

$

3,477

 

 

$

6,198

 

 

$

12,913

 

State

 

 

1,329

 

 

 

644

 

 

 

3,587

 

Foreign

 

 

4,236

 

 

 

5,000

 

 

 

5,178

 

 

 

 

9,042

 

 

 

11,842

 

 

 

21,678

 

Deferred:

 

 

 

 

 

 

 

 

 

U.S. Federal

 

 

(18,761

)

 

 

4,607

 

 

 

(3,052

)

State

 

 

(3,017

)

 

 

595

 

 

 

(6,408

)

Foreign

 

 

(299

)

 

 

(927

)

 

 

292

 

 

 

 

(22,077

)

 

 

4,275

 

 

 

(9,168

)

Total

 

$

(13,035

)

 

$

16,117

 

 

$

12,510

 

 

The benefit from income taxes for the year ended December 31, 2022 reflected the impact of a change in U.S. tax law effective January 1, 2022, which requires the capitalization and amortization of research and experimental expenditures incurred after December 31, 2021.

 

 

Net deferred tax assets consisted of the following:

 

 

Year Ended December 31,

 

(In thousands)

 

2022

 

 

2021

 

Deferred Tax Assets:

 

 

 

 

 

 

Accruals and allowances

 

$

22,394

 

 

$

25,737

 

Net operating loss carryforwards

 

 

1,275

 

 

 

1,010

 

Stock-based compensation

 

 

3,074

 

 

 

4,032

 

Operating lease liability

 

 

8,834

 

 

 

4,060

 

Deferred revenue

 

 

1,258

 

 

 

1,212

 

Tax credit carryforwards

 

 

607

 

 

 

 

Acquired intangibles

 

 

21,722

 

 

 

24,122

 

Capitalized Research and Development

 

 

33,299

 

 

 

5,735

 

Depreciation and amortization

 

 

1,632

 

 

 

1,661

 

Other

 

 

4,338

 

 

 

3,971

 

Total deferred tax assets

 

 

98,433

 

 

 

71,540

 

Deferred Tax Liabilities:

 

 

 

 

 

 

Right of use asset

 

 

(7,695

)

 

 

(3,130

)

Other

 

 

(984

)

 

 

(1,083

)

Total deferred tax liabilities

 

 

(8,679

)

 

 

(4,213

)

 

 

 

 

 

 

 

Valuation Allowance(1)

 

 

(4,050

)

 

 

(3,532

)

Net deferred tax assets

 

$

85,704

 

 

$

63,795

 

 

(1)
Valuation allowance is presented gross. The valuation allowance net of the federal tax effect was $4.0 million and $3.5 million for the years ended December 31, 2022 and 2021, respectively.

Management’s judgment is required in determining the Company’s provision for income taxes, its deferred tax assets and any valuation allowance recorded against its deferred tax assets. As of December 31, 2022, a valuation allowance of $4.0 million was placed against certain federal tax and state attributes since the recovery of the assets is uncertain. There was a valuation allowance of $3.5 million placed against deferred tax assets as of December 31, 2021. Accordingly, the valuation allowance increased $0.5 million during 2022. In management’s judgment it is more likely than not that the remaining deferred tax assets will be realized in the future as of December 31, 2022, and as such no valuation allowance has been recorded against the remaining deferred tax assets.

The effective tax rate differed from the applicable U.S. statutory federal income tax rate as follows:

 

 

Year Ended December 31,

 

 

 

2022

 

 

2021

 

 

2020

 

Tax at federal statutory rate

 

 

21.0

%

 

 

21.0

%

 

 

21.0

%

State, net of federal benefit

 

 

1.7

%

 

 

1.4

%

 

 

2.9

%

Impact of international operations

 

 

2.7

%

 

 

(1.8

)%

 

 

(5.0

)%

Stock-based compensation

 

 

(2.7

)%

 

 

2.9

%

 

 

5.4

%

Tax credits

 

 

1.7

%

 

 

(1.9

)%

 

 

(2.3

)%

Valuation allowance

 

 

(0.3

%)

 

 

0.3

%

 

 

1.8

%

Goodwill impairment

 

 

(9.6

)%

 

 

%

 

 

%

State Valuation Allowance Release

 

 

%

 

 

%

 

 

(5.8

)%

Base Erosion Anti-Abuse Tax

 

 

%

 

 

3.7

%

 

 

%

Transaction costs

 

 

%

 

 

(0.9

)%

 

 

%

Recognition of previously unrecognized tax benefits

 

 

1.8

%

 

0.0%

 

 

 

0.3

%

Others

 

 

(0.4

)%

 

 

(0.1

)%

 

 

(0.6

)%

Provision for income taxes

 

 

15.9

%

 

 

24.6

%

 

 

17.7

%

 

 

As a result of changes in fair value of available-for-sale securities and foreign currency hedging, income tax (provision) benefits of $147,000, $(31,000), and $8,000 were recorded in comprehensive income related to the years ended December 31, 2022, 2021, and 2020, respectively.

As of December 31, 2022, the Company has approximately $0.3 million of acquired federal net operating loss carryforwards. All the losses are subject to annual usage limitations under Internal Revenue Code Section 382. The federal losses expire in different years beginning in fiscal year 2035.

The Company files income tax returns in the U.S. federal jurisdiction and various state, local, and foreign jurisdictions. With few exceptions, the Company is no longer subject to U.S. federal, state, or local income tax examinations for years prior to 2016. The Company is no longer subject to foreign income tax examinations before 2004. The Italian Tax Authority (ITA) has audited the Company’s 2004 through 2012 tax years. The Company is currently in litigation with the ITA with respect to these years. In December, 2022 the Company received final notification from the U.S. Internal Revenue Service that it had completed its examination of the tax years ended December 31, 2018 and December 31, 2019, with no changes to the Company’s tax liabilities in the respective years. Accordingly, UTB’s related to the respective years have been recognized. The Company is currently under examination by the state of California for tax years 2016 through 2018. The Company has limited audit activity in various other states and foreign jurisdictions. Due to the uncertain nature of ongoing tax audits, the Company has recorded its liability for uncertain tax positions as part of its long-term liability as payments cannot be anticipated over the next 12 months. The existing tax positions of the Company continue to generate an increase in the liability for uncertain tax positions. The liability for uncertain tax positions may be reduced for liabilities that are settled with taxing authorities or on which the statute of limitations could expire without assessment from tax authorities. The possible reduction in liabilities for uncertain tax positions resulting from the expiration of statutes of limitation in multiple jurisdictions in the next 12 months is approximately $0.4 million, excluding the interest, penalties and the effect of any related deferred tax assets or liabilities.

A reconciliation of the beginning and ending amount of gross unrecognized tax benefits (“UTB”) is as follows:

(In thousands)

 

Federal, State,
and Foreign Tax

 

Balance as of December 31, 2019

 

$

9,069

 

Additions based on tax positions related to the current year

 

 

442

 

Additions for tax positions of prior years

 

 

253

 

Reductions due to lapse of applicable statutes

 

 

(744

)

Adjustments due to foreign exchange rate movement

 

 

522

 

Balance as of December 31, 2020

 

 

9,542

 

Additions based on tax positions related to the current year

 

 

463

 

Additions for tax positions of prior years

 

 

50

 

Reductions due to lapse of applicable statutes

 

 

(556

)

Adjustments due to foreign exchange rate movement

 

 

(295

)

Balance as of December 31, 2021

 

 

9,204

 

Additions based on tax positions related to the current year

 

 

805

 

Additions for tax positions of prior years

 

 

8

 

Settlements

 

 

(1,355

)

Reductions due to lapse of applicable statutes

 

 

(554

)

Adjustments due to foreign exchange rate movement

 

 

(174

)

Balance as of December 31, 2022

 

$

7,934

 

 

The total amount of net UTB that, if recognized would affect the effective tax rate as of December 31, 2022 is $5.7 million. The ending net UTB results from adjusting the gross balance at December 31, 2022 for items such as U.S. federal and state deferred tax, interest, and deductible taxes. The net UTB is included as a component of non-current income taxes payable within the consolidated balance sheets.

The Company recognizes interest and penalties accrued related to unrecognized tax benefits in income tax expense. During the years ended December 31, 2022, 2021, and 2020, total interest and penalties expensed were $0.0 million, $0.2 million, and $0.2 million, respectively. As of December 31, 2022 and 2021, accrued interest and penalties on a gross basis was $2.4 million for both periods. Included in accrued interest are amounts related to tax positions for which the ultimate deductibility is highly certain but for which there is uncertainty about the timing of such deductibility.

The Company has not provided deferred taxes on earnings of $8.0 million of undistributed earnings of foreign subsidiaries that are indefinitely reinvested outside of the U.S. The Company estimates that if these earnings were repatriated to the U.S., it would result in approximately $1.7 million in associated tax without consideration of foreign tax credits. Determination of foreign tax credit limitations depends on several factors which cannot be estimated.

 

On August 16, 2022, the “Inflation Reduction Act” (“IRA”) was signed into law. IRA includes a new corporate minimum tax on certain large corporations, a 1% exercise tax on stock repurchases, numerous green energy credits, other tax provisions, and significantly increased enforcement resources. The Company does not expect the IRA will

have a material impact to the Company's financial statements when it becomes effective for the tax years after December 31, 2022.