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Note 13 - Income Taxes
3 Months Ended
Mar. 31, 2020
Notes to Financial Statements  
Income Tax Disclosure [Text Block]

13. INCOME TAXES

  

The income tax provision or benefit 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.

  

In March 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law to provide economic relief to individuals and businesses to combat the COVID-19 pandemic and stimulate the U.S. economy. The CARES Act includes certain temporary changes to tax laws, such as the utilization of net operating loss carryforwards and interest expense deductions. The Company reviewed the provisions of the CARES Act and does not believe the CARES Act will have a material impact on its income tax provisions, results of operations or financial condition for the year ending December 31, 2020. The Company will continue to monitor any new developments related to the CARES Act and evaluate their impact on its financial statements.

 

The income tax benefit for the three months ended  March 31, 2020 was $6.5 million, or 22.2% of pre-tax income. The effective tax rate differed from the federal statutory rate primarily due to excess tax benefits from stock-based compensation, and foreign income from the Company’s subsidiaries in Bermuda and China being taxed at lower statutory tax rates. The decrease in the effective tax rate relative to the federal statutory rate was partially offset by the inclusion of the global intangible low-taxed income (“GILTI”) tax.

 

The income tax benefit for the three months ended  March 31, 2019 was $1.1 million, or 4.5% of pre-tax income. The effective tax rate 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 excess tax benefits from stock-based compensation. The decrease in the effective tax rate relative to the federal statutory rate was partially offset by the inclusion of the GILTI tax.

  

The Company’s uncertain tax positions relate to the allocation of income and deductions among its global entities and to the determination of the research and development tax credit. Various events, some of which cannot be predicted, such as clarification of tax law by administrative or judicial means,  may occur and would require the Company to increase or decrease its reserves and effective income tax rate over the next twelve months. 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 Ninth Circuit Court of Appeals upheld the cost-sharing regulations. In  July 2019, Altera filed a petition for rehearing en banc in the Ninth Circuit Court of Appeals. In  November 2019, the Ninth Circuit Court of Appeals declined to rehear the case. In February 2020, Altera filed a petition with the Supreme Court to review the case. Due to the uncertainty surrounding the status of the current regulations, the Company has not recorded any adjustments as of  March 31, 2020. The Company will continue to monitor and evaluate the impact of any new developments on its financial statements.