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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes

14. Income Taxes

The Company’s geographical breakdown of its loss before provision for income taxes is as follows (in thousands):

 

 

 

Years Ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

Domestic

 

$

(72,139

)

 

$

(50,892

)

 

$

(55,330

)

Foreign

 

 

3,032

 

 

 

2,692

 

 

 

(2,665

)

Loss before provision for taxes

 

$

(69,107

)

 

$

(48,200

)

 

$

(57,995

)

 

The components of the provision for income taxes are as follows (in thousands):

 

 

 

Years Ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

Current

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

 

 

$

 

State

 

 

62

 

 

 

34

 

 

 

66

 

Foreign

 

 

1,654

 

 

 

857

 

 

 

1,523

 

Total current provision

 

 

1,716

 

 

 

891

 

 

 

1,589

 

Deferred

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

130

 

 

 

63

 

 

 

109

 

State

 

 

6

 

 

 

(1

)

 

 

6

 

Foreign

 

 

(680

)

 

 

(271

)

 

 

(523

)

Total deferred provision

 

 

(544

)

 

 

(209

)

 

 

(408

)

Total

 

$

1,172

 

 

$

682

 

 

$

1,181

 

 

Reconciliation of the provision for income taxes at the statutory rate to the Company’s provision for income tax is as follows (in thousands):

 

 

 

Years Ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

Tax benefit at federal statutory tax rate

 

$

(23,496

)

 

$

(16,388

)

 

$

(19,718

)

Tax benefit at state statutory tax rate

 

 

(1,008

)

 

 

(499

)

 

 

(1,169

)

Foreign tax rate differential

 

 

57

 

 

 

(826

)

 

 

(526

)

Unbenefitted loss of consolidated investment

 

 

-

 

 

 

-

 

 

 

2,366

 

Change in valuation allowance

 

 

17,701

 

 

 

9,738

 

 

 

12,407

 

Meals and entertainment

 

 

222

 

 

 

44

 

 

 

34

 

Stock compensation

 

 

7,857

 

 

 

8,492

 

 

 

7,160

 

Nondeductible expenses and other

 

 

(161

)

 

 

121

 

 

 

627

 

Provision for income taxes

 

$

1,172

 

 

$

682

 

 

$

1,181

 

 

Significant components of the Company’s deferred tax assets and liabilities are as follows (in thousands):

 

 

 

As of December 31,

 

 

 

2016

 

 

2015

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Reserves and accruals

 

$

2,817

 

 

$

2,662

 

Deferred revenue

 

 

10,379

 

 

 

8,724

 

Stock-based compensation

 

 

7,361

 

 

 

4,772

 

Net operating loss carryforwards

 

 

47,452

 

 

 

37,793

 

Loss on OCI

 

 

370

 

 

 

374

 

Other

 

 

67

 

 

 

32

 

Gross deferred tax assets

 

 

68,446

 

 

 

54,357

 

Valuation allowance

 

 

(68,227

)

 

 

(53,468

)

Total deferred tax assets

 

 

219

 

 

 

889

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Stock-based compensation

 

 

(21

)

 

 

(21

)

Depreciation and amortization

 

 

(243

)

 

 

(1,425

)

Total deferred tax liabilities

 

 

(264

)

 

 

(1,446

)

Net deferred tax liability

 

$

(45

)

 

$

(557

)

 

Recognition of deferred tax assets is appropriate when realization of these assets is more likely than not. Based upon the weight of available evidence, which includes the Company’s historical operating performance and the recorded cumulative net losses in all prior fiscal periods, the Company has provided a full valuation allowance against its U.S. deferred tax assets and Imperva Israel net operating loss generated. The Company’s valuation allowance increased by $14.8 million, $13.0 million, and $7.8 million in the years ended December 31, 2016, 2015 and 2014, respectively.

As of December 31, 2016, the Company had U.S. federal and state net operating loss carryforwards of approximately $180.4 million and $85.2 million, respectively. The U.S. federal net operating loss carryforwards will expire at various dates beginning in 2022 through 2036 if not utilized. Most state net operating loss carryforwards will expire at various dates beginning in 2017 through 2036.

The Company uses the “with-and-without” approach to determine the recognition and measurement of excess tax benefits. Accordingly, the Company has elected to recognize excess income tax benefits from stock option exercises in additional paid in capital only if an incremental income tax benefit would be realized after considering all other tax attributes presently available to the Company. As of December 31, 2016, the amount of such excess tax benefits from stock options included in deferred tax assets for federal and state net operating losses were $49.9 million and $29.5 million, respectively. In addition, the Company has elected to account for the indirect effects of stock-based awards on other tax attributes, such as the research and alternative minimum tax credits, through the statement of operations.

Net operating loss carryforwards reflected above may be subject to limitations due to ownership changes as provided in the Internal Revenue Code and similar state provisions.

The Company has not provided U.S. income tax on certain foreign earnings that are deemed to be indefinitely invested outside the U.S. For fiscal years 2016, 2015, and 2014 the amount of accumulated unremitted earnings from the Company’s foreign subsidiaries is approximately $9.7 million, $13.6 million and $12.9 million, respectively. Determination of the amount of unrecognized deferred U.S. income tax liability is not practical due to the complexities associated with the hypothetical calculation.

As of December 31, 2016 and 2015, the Company had gross unrecognized tax benefits of approximately $2.3 million and $1.2 million, respectively, all of which would impact the effective tax rate if recognized. While it is often difficult to predict the final outcome of any particular uncertain tax position, the Company does not believe that the amount of unrecognized tax benefits will change significantly in the next twelve months.

The Company recognizes interest accrued and penalties related to unrecognized tax benefits in its income tax provision. For the years ended December 31, 2016 and 2015, the Company accrued interest of $0.2 million and $0.1 million in income tax expense, respectively.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):

 

 

 

2016

 

 

2015

 

 

2014

 

Balance at January 1

 

$

1,154

 

 

$

672

 

 

$

353

 

Additions based on tax positions taken during the current period

 

 

761

 

 

 

401

 

 

 

222

 

Reductions based on tax positions taken during the prior period

 

 

(42

)

 

 

(50

)

 

 

(47

)

Additions based on tax positions taken during a prior period

 

 

409

 

 

 

131

 

 

 

144

 

Balance at December 31

 

$

2,282

 

 

$

1,154

 

 

$

672

 

 

The Company’s material income tax jurisdictions are the United States (federal), California and Israel. As a result of net operating loss carryforwards, the Company is subject to audit for tax years 2004 and forward for federal purposes and 2006 and forward for California purposes. The Company’s tax years 2011 and forward are subject to audit in Israel. The Company’s 2011 and 2012 tax years are currently under examination by Israeli Tax Authorities. The Company does not expect a material impact on its consolidated financial statements as a result of this examination. There are tax years which remain subject to examination in various other jurisdictions that are not material to the Company’s financial statements.

The Company's Israeli subsidiaries ("Israeli subsidiaries") research and development intercompany services activity ("R&D activity") have a "Beneficiary Enterprise" status for a separate investment program that was elected by the Israel subsidiaries starting 2012 under the Law for Encouragement of Capital Investments, 1959 (the "Investments Law), amended from time to time. The entitlement to the above benefits is conditional upon the Israeli subsidiaries fulfilling the conditions stipulated by the Investments Law and regulations published there under.