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Note 7 - Income Taxes
12 Months Ended
Dec. 31, 2016
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
Note
7
– Income Taxes
 
The provision for income taxes consisted of the following (in thousands):
 
 
 
Years Ended December 31,
 
 
 
2016
 
 
2015
 
 
2014
 
Current provision:
                       
Federal
  $
2,047
    $
(23,784
)
  $
11,184
 
State
   
(1,588
)    
(2,265
)
   
1,310
 
Foreign
   
64
     
100
     
 
Total current provision
   
523
     
(25,949
)
   
12,494
 
Deferred (benefit) provision:
                       
Federal
   
(122,302
)
   
(248,279
)
   
31,978
 
State
   
(8,864
)
   
(20,553
)
   
2,036
 
Foreign
   
1,633
 
   
(4,312
)
   
(829
)
Total deferred provision
   
(129,533
)
   
(273,144
)
   
33,185
 
Provision for income taxes
  $
(129,010
)
  $
(299,093
)
  $
45,679
 
 
The following table reconciles the statutory tax rates to the Company’s effective tax rate:
 
 
 
Years Ended December 31,
 
 
 
2016
 
 
2015
 
 
2014
 
Federal statutory rate
   
35.0
%
   
35.0
%
   
35.0
%
State taxes, net of federal benefit
   
0.3
%
   
1.4
%
   
3.0
%
Domestic production activities deduction
   
%
   
(0.2
)%
   
(1.0
)%
Effect of foreign losses
   
(2.0
)%
   
(0.3
)%
   
2.4
%
Impairment
   
(8.8
)%
   
(9.8
)%
   
%
Valuation allowance
   
(10.9
)%
   
%
   
%
Other
   
(1.6
)%
   
(0.6
)%
   
0.5
%
Effective income tax rate
   
12.0
%
   
25.5
%
   
39.9
%
 
The Company’s deferred tax assets and liabilities consisted of the following (in thousands):
 
 
 
As of December 31,
 
 
 
2016
 
 
2015
 
Deferred tax assets:
               
Accrued liabilities
  $
25,470
    $
8,046
 
Allowance for doubtful accounts
   
2,630
     
7,364
 
Stock-based compensation
   
11,530
     
19,503
 
Inventory reserve
   
9,131
     
8,712
 
Net operating losses
   
231,360
     
68,821
 
163(j) interest
   
58,426
     
15,345
 
Amortization of goodwill and intangible assets
   
4,526
     
 
Other
   
(3,774
)
   
(3,567
)
Total deferred tax assets
   
346,847
     
131,358
 
Deferred tax liabilities:
               
Prepaids
   
(2,123
)
   
(9,677
)
Earnout liabilities
   
     
(4,328
)
Depreciation on property, plant and equipment
   
(179,428
)
   
(228,981
)
Amortization of goodwill and intangible assets
   
     
(28,033
)
Other
   
(3,873
)
   
(378
)
Total deferred tax liabilities
   
(185,424
)
   
(271,397
)
Valuation allowances    
(171,016
)    
(77
)
Net deferred tax liability
  $
(9,593
)
  $
(140,116
)
 
 
The Company has approximately
$530.6
million of U.S. federal net operating loss carryforwards (“NOLs”) which, if not utilized, will begin to expire in the year
2035
and state NOLs of approximately
$224.4
million which, if not utilized, will expire in various years between
2025
and
2036
.
Additionally, the Company has approximately
$105.5
million of NOLs in other jurisdictions which, if not utilized, will expire in various years between
2020
and
2036
.
As of
December
31,
2016
we have recorded a deferred tax asset of approximately
$231.4
million relating to NOLs. A valuation allowance of
$171.0
million has been provided for NOLs that the Company believes are more likely than not to expire unutilized.
 
The Company’s U.S. federal income tax returns for the tax years
2013
through
2015
remain open to examination by the Internal Revenue Service under the applicable U.S. federal statute of limitations provisions. The various states in which the Company is subject to income tax are generally open to examination for the tax years after
2012.
The Company's
2015
Federal income tax return and the Company’s
2011
,
2012
and
2013
Louisiana tax returns are currently under examination.
 
During the year ended
December
31,
2016,
the company realized tax expense of
$1.6
million on the deferred charges relating to income tax expense on intercompany profits that resulted from the sale of our intellectual property rights outside of North America to our subsidiary in Luxembourg. The remaining
$14.8
million of deferred charges are included within other noncurrent assets on the consolidated balance sheet. The deferred charges are amortized as a component of income tax expense over the economic life of the intellectual property.
 
A reconciliation of unrecognized tax benefit balances is as follows (in thousands):
 
 
 
Years Ended December 31,
 
 
 
2016
 
 
2015
 
Balance at beginning of year
  $
    $
 
Additions based on tax positions related to the current year
   
6,525
     
 
Additions for tax positions of prior years
   
     
 
Reductions for tax positions of prior years
   
     
 
Reductions for audit settlements
   
     
 
Reductions resulting from a lapse of applicable statute of limitations periods
   
     
 
Balance at end of year
  $
6,525
    $
 
 
The balances of unrecognized tax benefits, the amount of related interest and penalties is
$6.5
million as of
December
31,
2016,
all of which is subject to
reasonably possible changes in the next
12
months.
 
The Company classifies interest and penalties within the provision for income taxes. The Company recognized interest expense of
zero
in the provision for income taxes for each of the years ended
December
31,
2016,
2015
and
2014.