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Note 12 - Income Taxes
9 Months Ended
Sep. 30, 2017
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
12
. INCOME TAXES
 
The income tax
provision for the
three
 and
nine
months ended
September 30, 2017
was
$1.4
million, or
5.8%
of pre-tax income, and
$3.1
million, or
5.5%
of pre-tax income, respectively. The effective tax rate differed from the federal statutory rate primarily because foreign income generated by the Company’s subsidiaries in Bermuda and China was taxed at lower rates. In addition, the effective tax rate was impacted by changes in the valuation allowance primarily related to stock-based compensation.
 
The income tax provision for the
three
and
nine
months ended
September 30, 2016
was
$1.4
million, or
8.9%
of pre-tax
income, and
$2.7
million, or
6.9%
of pre-tax income, respectively. The effective tax rate differed from the federal statutory rate primarily because foreign income 
generated by the Company’s subsidiaries in Bermuda and China was taxed at lower rates. In addition, the effective tax rate was impacted by changes in the valuation allowance primarily related to stock-based compensation
.
 
On
July 27
,
2015,
in 
Altera Corp. v. Commissioner
, the U.S. Tax Court issued an opinion related to the treatment of stock-based compensation expense in an intercompany cost-sharing arrangement. A final decision was issued in
December 2015,
and the Internal Revenue Service (“IRS”) appealed the decision in
February 2016.
At this time, the U.S. Department of the Treasury has
not
withdrawn the requirement from its regulations to include stock-based compensation in the cost pool to be shared under a cost-sharing arrangement. Due to the uncertainty surrounding the status of the current regulations, questions related to the scope of potential benefits, and the risk of the Tax Court’s decision being overturned upon appeal, the Company has
not
recorded any adjustments as of
September 30, 2017.
The Company will continue to monitor developments related to this opinion and the potential impact on its financial statements.
 
 
Adoption of ASU
 
No.
 
2016
-
09
 
Upon adoption of ASU
No.
2016
-
09
on
January 1, 2017,
excess tax benefits are now recognized in the income tax provision in the Condensed Consolidated Statements of Operations prospectively, rather than in additional paid-in capital in the Condensed Consolidated Balance Sheets. The Company applied the modified retrospective method and there was
no
net cumulative-effect adjustment to retained earnings on
January 1, 2017,
as the increase in deferred tax assets for previously unrecognized excess tax benefits was fully offset by a valuation allowance.
 
 
Unrecognized Tax Benefits
 
 
As of
September 30, 2017,
the Company had $
16.1
million of unrecognized tax benefits,
$4.5
million of which would affect its effective tax rate if recognized after considering the valuation allowance. As of
December 31, 2016,
the Company had
$14.4
million of unrecognized tax benefits,
$3.5
million of which would affect its effective tax rate if recognized after considering the valuation allowance.
 
Uncertain tax positions relate to the allocation of income and deductions among the Company
’s global entities and to the determination of the research and development tax credit. The Company expects to release approximately
$0.6
 million of its unrecognized tax benefits in the
fourth
quarter of
2017
as a result of a lapse of the statute of limitation. It is reasonably possible that over the next
twelve
-month period the Company
may
experience other increases or decreases in its unrecognized tax benefits. However, it is
not
possible to determine either the magnitude or the range of other increases or decreases at this time.
 
The Company recognizes interest and penalties, if any, related to uncertain tax positions in its
income tax provision. As of
September 30, 2017
and
December 31, 2016,
the Company has approximately
$0.5
million and
$0.3
million of accrued interest related to uncertain tax positions, respectively, which were recorded in long-term income tax liabilities in the Condensed Consolidated Balance Sheets.