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Income Taxes
3 Months Ended
Mar. 31, 2016
Income Taxes  
Income Taxes

13.  Income Taxes

 

The following table sets forth the Company’s income tax provision for the periods indicated:

 

 

 

 

 

 

 

 

 

 

 

Three Months Ended

 

 

 

March 31, 

 

 

    

2016

    

2015

    

 

 

(in thousands)

 

 

 

 

 

 

 

 

 

Income (loss) before taxes

 

$

3,816

 

$

(6,197)

 

Income tax expense (benefit)

 

 

1,327

 

 

(5,532)

 

Net income (loss)

 

$

2,489

 

$

(665)

 

Income tax provision (benefit) as a percentage of income (loss) before income taxes

 

 

34.8

%

 

(89.3)

%

 

The Company’s income tax provision for the three months ended March 31, 2016 was 34.8% of income before taxes.  The Company has a full valuation allowance against its French deferred tax assets; however, a tax benefit is included in the annual effective tax rate computation due to the French entity reporting a year-to-date foreign exchange gain in other comprehensive income. The blended effective income tax rate expected for the year ending December 31, 2016 is 34.4%.  This effective tax rate factors in various permanent differences, including domestic deductions, the impact of foreign operations, and various credits. The Company’s income tax benefit of 89.3% during the three months ended March 31, 2015 factored in similar permanent items, as well as the impact of its foreign operations.

 

Valuation Allowance

 

In assessing the need for a valuation allowance, management considers whether it is more likely than not that some portion or all of the deferred tax assets will be realized. Ultimately, the realization of deferred tax assets depends on the existence of future taxable income. Management considers sources of taxable income such as income in prior carryback periods, future reversal of existing deferred taxable temporary differences, tax-planning strategies, and projected future taxable income.    

 

In connection with the AFP purchase accounting in 2014, the Company recorded a valuation allowance against an intangible deferred tax asset of €3.2 million, or $4.4 million with an offsetting entry to goodwill, since management did not believe that it was more likely than not that the deferred tax asset would be realized.  In March 2015, the Company reversed the €3.2 million, or $3.3 million deferred tax valuation allowance in conjunction with the transfer of AFP’s intangible assets from France to the U.S.  The difference in U.S. dollars relates to the currency exchange fluctuation, which is recorded in the Company’s accumulated other comprehensive loss as a foreign currency translation adjustment.

 

In 2015, the Company assessed the realizability of the deferred tax assets for AFP. Due to the potential impact of reduced revenues from the MannKind contract and other factors, the Company determined that it was not more likely than not that the net deferred tax assets of AFP would be realized and established a full valuation allowance of $0.9 million as of December 31, 2015.

 

In 2016, for computing its annual effective tax rate, the Company did not benefit from its losses in the states where it files separately.  This increased the Company’s income tax expense by $0.1 million during the three months ended March 31, 2016.