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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

Note 9. Income Taxes

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

 

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

 

2017

 

 

 

(In thousands)

 

United States

 

$

16,035

 

 

$

32,237

 

 

$

36,461

 

International

 

 

13,536

 

 

 

10,967

 

 

 

9,763

 

Total

 

$

29,571

 

 

$

43,204

 

 

$

46,224

 

 

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

 

2017

 

 

 

(In thousands)

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

U.S. Federal

 

$

4,761

 

 

$

(587

)

 

$

25,733

 

State

 

 

791

 

 

 

(2,338

)

 

 

2,435

 

Foreign

 

 

(386

)

 

 

4,267

 

 

 

1,545

 

 

 

 

5,166

 

 

 

1,342

 

 

 

29,713

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

U.S. Federal

 

 

(574

)

 

 

20,930

 

 

 

27,936

 

State

 

 

104

 

 

 

2,514

 

 

 

190

 

Foreign

 

 

(916

)

 

 

1,092

 

 

 

(482

)

 

 

 

(1,386

)

 

 

24,536

 

 

 

27,644

 

Total

 

$

3,780

 

 

$

25,878

 

 

$

57,357

 

 

Net deferred tax assets consisted of the following:

 

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

 

 

(In thousands)

 

Deferred Tax Assets:

 

 

 

 

 

 

 

 

Accruals and allowances

 

$

20,743

 

 

$

20,765

 

Net operating loss carryforwards

 

 

1,267

 

 

 

1,673

 

Stock-based compensation

 

 

6,381

 

 

 

5,734

 

Deferred rent

 

 

 

 

 

1,296

 

Operating lease liability

 

 

6,456

 

 

 

 

Deferred revenue

 

 

1,449

 

 

 

1,100

 

Tax credit carryforwards

 

 

896

 

 

 

1,661

 

Acquired intangibles

 

 

31,708

 

 

 

31,902

 

Depreciation and amortization

 

 

1,639

 

 

 

866

 

Other

 

 

1,080

 

 

 

 

Total deferred tax assets

 

 

71,619

 

 

 

64,997

 

Deferred Tax Liabilities:

 

 

 

 

 

 

 

 

Right of use asset

 

 

(5,218

)

 

 

 

Other

 

 

(1,053

)

 

 

(706

)

Total deferred tax liabilities

 

 

(6,271

)

 

 

(706

)

 

 

 

 

 

 

 

 

 

Valuation Allowance(1)

 

 

(6,418

)

 

 

(6,734

)

Net deferred tax assets

 

$

58,930

 

 

$

57,557

 

 

(1)

Valuation allowance is presented gross. The valuation allowance net of the federal tax effect is $5.2 million and $5.4 million for the years ended December 31, 2019 and 2018, 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, 2019, a valuation allowance of $6.4 million was placed against California deferred tax assets and certain federal tax attributes since the recovery of the assets is uncertain. There was a valuation allowance of $6.7 million placed against deferred tax assets as of December 31, 2018. Accordingly, the valuation allowance decreased $0.3 million during 2019. 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, 2019, and as such no valuation allowance has been recorded against the remaining deferred tax assets.

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

 

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

 

2017

 

Tax at federal statutory rate

 

 

21.0

%

 

 

21.0

%

 

 

35.0

%

State, net of federal benefit

 

 

2.4

%

 

 

1.5

%

 

 

1.0

%

Impact of international operations

 

 

(0.8

%)

 

 

1.9

%

 

 

(8.8

)%

Stock-based compensation

 

 

10.7

%

 

 

(0.3

)%

 

 

(3.9

)%

Tax credits

 

 

(5.9

)%

 

 

(2.6

)%

 

 

(2.0

)%

Valuation allowance

 

 

0.9

%

 

 

1.4

%

 

 

%

Impact of the Tax Act

 

 

%

 

 

(15.4

)%

 

 

104.6

%

Base Erosion Anti-Abuse Tax

 

 

7.2

%

 

 

%

 

 

%

Write-off of future tax benefits related to Arlo

 

 

%

 

 

52.2

%

 

 

%

Transaction costs

 

 

(2.5

%)

 

 

%

 

 

%

Recognition of previously unrecognized tax benefits

 

 

(20.6

%)

 

 

%

 

 

%

Others

 

 

0.4

%

 

 

0.2

%

 

 

(1.8

)%

Provision for income taxes

 

 

12.8

%

 

 

59.9

%

 

 

124.1

%

 

On January 1, 2017, the Company adopted ASU 2016-09, "Improvements to Employee Share-Based Payment Accounting" (Topic 718) upon which all income tax benefits are recorded in income tax expense. As a result of changes in fair value of available-for-sale securities and foreign currency hedging, income tax (provision) benefits of $(0.01) million, $(0.1) million, and $0.4 million were recorded in comprehensive income related to the years ended December 31, 2019, 2018, and 2017, respectively.

As of December 31, 2019, the Company has approximately $6.0 million of acquired federal net operating loss carry forwards as well as $0.9 million of California tax credits carryforwards. All of the losses are subject to annual usage limitations under Internal Revenue Code Section 382. The federal losses expire in different years beginning in fiscal 2021. The California tax credit carryforwards have no expiration.

On December 22, 2017, the Tax Cuts and Jobs Act of 2017 (the “Tax Act”) was signed into law making significant changes to the Internal Revenue Code. Changes include, but are not limited to, a corporate tax rate decrease from 35% to 21% effective for tax years beginning after December 31, 2017, the transition of U.S international taxation from a worldwide tax system to a territorial system, and a one-time transition tax on the mandatory deemed repatriation of cumulative foreign earnings as of December 31, 2017.

On December 22, 2017, Staff Accounting Bulletin No. 118 ("SAB 118") was issued to address the application of US GAAP in situations when a registrant does not have the necessary information available, prepared, or analyzed (including computations) in reasonable detail to complete the accounting for certain income tax effects of the Tax Act. In accordance with SAB 118, the Company recorded a provisional income tax expense of $48.3 million in the fourth fiscal quarter of 2017, the period in which the legislation was enacted. The provisional estimate included $26.6 million related to the re-measurement of its net deferred tax assets at a U.S. federal statutory rate that was reduced from 35% to 21%, and $21.7 million related to the transition tax on the mandatory deemed repatriation of foreign earnings.

The Company completed its analysis of the impact of U.S. Tax Reform in the fourth quarter of 2018. The Company completed the computation of the transition tax as part of the 2017 income tax returns filing and reduced the provisional amount by $6.7 million. The Company elected to pay the liability for the transition tax on the mandatory deemed repatriation of foreign earnings in installments. As of December 31, 2019 and December 31, 2018, $6.5 million and $6.5 million of the transition tax related liability was included in non-current income taxes payable on our consolidated balance sheet.

In addition, certain new complex tax rules related to the taxation of foreign earnings (Global Intangible Low-Taxed Income “GILTI”, Foreign Derived Intangible Income “FDII” and Base Erosion and Anti-abuse Tax “BEAT”) became effective as of January 1, 2018. The GILTI provision imposes taxes on foreign earnings in excess of a deemed return on tangible assets. The Company made the accounting policy election to record the GILTI tax in the period it occurs. The Company has evaluated these provisions and recorded a detriment of $1.7 million, in relation to GILTI, FDII and BEAT for the year ended December 31, 2019.

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 before 2014. 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 all of these years. During 2019, the German Tax Authority (GTA) concluded a broad based audit of fiscal years 2014 through 2016, which covered income tax, trade tax, payroll tax, and VAT tax. Formal notification was received with no changes to the corporate income or trade tax liability related to the years under examination by the German Tax Authority. Accordingly, we have released all associated tax liabilities previously reserved. During 2016, the United Kingdom HMRC (Her Majesty’s Revenue and Customs) initiated an audit of the Company’s 2014 and 2015 tax years. They subsequently added the 2016 and 2017 years to their query. In the third quarter of 2019, the Company settled the dispute with HMRC. The Company released the associated net reserves and paid the final assessment in November, 2019. Additionally, in December, 2017 the French Tax Authority commenced an audit of the Company’s 2015 and 2016 tax years. During the first quarter of 2019, the audit was settled with no changes to Income tax. Accordingly, the Company released the associated tax reserves. The Company has limited audit activity in various states and other 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 $0.6 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:

 

 

 

Federal, State,

and Foreign Tax

 

 

 

(In thousands)

 

Balance as of December 31, 2016

 

$

12,965

 

Additions based on tax positions related to the current year

 

 

938

 

Additions for tax positions of prior years

 

 

32

 

Reductions for tax positions of prior years

 

 

(1,477

)

Reductions due to lapse of applicable statutes

 

 

(899

)

Adjustments due to foreign exchange rate movement

 

 

1,008

 

Balance as of December 31, 2017

 

$

12,567

 

Additions based on tax positions related to the current year

 

 

637

 

Additions for tax positions of prior years

 

 

280

 

Reductions for tax positions of prior years

 

 

(116

)

Reductions due to lapse of applicable statutes

 

 

(999

)

Adjustments due to foreign exchange rate movement

 

 

(386

)

Balance as of December 31, 2018

 

$

11,983

 

Additions based on tax positions related to the current year

 

 

385

 

Additions for tax positions of prior years

 

 

996

 

Settlements

 

 

(705

)

Reductions for tax positions of prior years

 

 

(3,440

)

Reductions due to lapse of applicable statutes

 

 

(609

)

Adjustments due to foreign exchange rate movement

 

 

459

 

Balance as of December 31, 2019

 

$

9,069

 

 

The total amount of net UTB that, if recognized would affect the effective tax rate as of December 31, 2019 is $6.7 million. The ending net UTB results from adjusting the gross balance at December 31, 2019 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, 2019, 2018, and 2017, total interest and penalties expensed were $(1.4) million, $0.1 million, and $(0.4) million, respectively. As of December 31, 2019 and 2018, accrued interest and penalties on a gross basis was $2.0 million, and $3.4 million, respectively. 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 $5.1 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 $1.1 million in associated tax without consideration of foreign tax credits.  Determination of foreign tax credit limitations depends on a number of factors which cannot be estimated.