Note 13. Income taxes

The provision for income taxes in the periods presented is based upon the income (loss) before income taxes:


	Three Months Ended				Nine Months Ended
	September 30,				September 30,
(in thousands)	2016		2015		2016		2015
Provision for income taxes	$	(804)	$	(1,157)	$	(2,471)	$	(2,698)

The Company’s income tax provision in the three and nine months ended September 30, 2016 and 2015 was primarily related to income taxes of the Company’s non-U.S. operations.

The Company conducts its business globally and its operating income is subject to varying rates of tax in the U.S., China and Japan. Consequently, the Company’s effective tax rate is dependent upon the geographic distribution of its earnings or losses and the tax laws and regulations in each geographical region. Historically, the Company has experienced net losses in the U.S. and in the short term, expects this trend to continue. One of the Company’s subsidiaries in China historically qualified for a preferential 15% tax rate available for high technology enterprises as opposed to the statutory 25% tax rate. In June 2016, the State Administration of Taxation issued a notice to adjust the requirements for high technology enterprise status. As a result, the Company believes that it is more likely than not that the Company’s China subsidiary will not meet the requirements for the tax year 2016 as of September 30, 2016. Therefore, the Company has computed its China subsidiary’s tax provision for 2016 based on a 25% regular corporate income tax rate and remeasured its deferred tax assets accordingly. The preferential tax rate is subject to renewal for periods after 2016.

Due to historic losses in the U.S., the Company has a full valuation allowance on its U.S. federal and state deferred tax assets. Management continues to evaluate the realizability of deferred tax assets and the related valuation allowance. If management's assessment of the deferred tax assets or the corresponding valuation allowance were to change, the Company would record the related adjustment to income during the period in which management makes the determination.

As of September 30, 2016, there were no material changes to either the nature or the amounts of the uncertain tax positions previously determined for the year ended December 31, 2015.