XML 65 R23.htm IDEA: XBRL DOCUMENT v3.19.3
Note 14 - Income Taxes
9 Months Ended
Sep. 30, 2019
Notes to Financial Statements  
Income Tax Disclosure [Text Block]

14. INCOME TAXES

  

The income tax provision for interim periods is generally determined using an estimate of the Company’s annual effective tax rate and adjusted for discrete items, if any, in the relevant period. Each quarter the estimate of the annual effective tax rate is updated, and if the Company’s estimated tax rate changes, a cumulative adjustment is made.

 

The income tax expense for the three months ended  September 30, 2019 was $2.8 million, or 8.6% of pre-tax income. The income tax expense for the nine months ended  September 30, 2019 was $3.3 million, or 4.1% of pre-tax income. The effective tax rates differed from the federal statutory rate primarily due to foreign income from the Company’s subsidiaries in Bermuda and China being taxed at lower statutory tax rates, and the benefit obtained from certain discrete items recognized in the periods, including excess tax benefits from stock-based compensation. The decrease in the effective tax rates relative to the federal statutory rate was partially offset by the inclusion of the global intangible low-taxed income (“GILTI”) tax.

  

The income tax provision for the three months ended  September 30, 2018 was $4.6 million, or 12.8% of pre-tax income. The income tax provision for the nine months ended  September 30, 2018 was $8.2 million, or 9.5% of pre-tax income. The effective tax rates differed from the federal statutory rate primarily due to foreign income from the Company’s subsidiaries in Bermuda and China being taxed at lower statutory tax rates, and the benefit obtained from certain discrete items recognized in the periods, including excess tax benefits from stock-based compensation. The decrease in the effective tax rates relative to the federal statutory rate was partially offset by the inclusion of the GILTI tax.

 

For the three and nine months ended  September 30, 2019, the Company’s effective tax rates included the estimated impact of $13.0 million and $38.5 million, respectively, related to the GILTI provisions that were included as additional subpart F income, which was accounted for as a period cost. For the three and nine months ended  September 30, 2018, the Company’s effective tax rates included the estimated impact of $18.4 million and $46.2 million, respectively, related to the GILTI provisions.

 

The Company’s uncertain tax positions relate to the allocation of income and deductions between the Company’s global entities and to the determination of the research and development tax credit. It is reasonably possible that over the next twelve-month period, the Company  may experience increases or decreases in its unrecognized tax benefits. However, it is not possible to determine either the magnitude or the range of increases or decreases at this time.  

 


In July 2015, the U.S. Tax Court issued an opinion in Altera Corp. v. Commissioner, invalidating the Treasury regulations that require participants in qualified intercompany cost-sharing arrangements to share stock-based compensation costs. A final decision was issued by the Tax Court in December 2015, and the Internal Revenue Service (“IRS”) appealed the decision in June 2016. In June 2019, the U.S. Ninth Circuit Court of Appeals upheld the cost-sharing regulations.  In July 2019, Altera filed a petition for rehearing en banc in the U.S. Ninth Circuit Court of Appeals. Due to the uncertainty surrounding the status of the current regulations, the Company has not recorded any adjustments as of September 30, 2019. The Company will continue to monitor and evaluate the impact of any new developments on its financial statements.