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Income Taxes
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
Income Taxes

Note 13: Income taxes

a.

Tax provision

The provision (benefit) for income taxes from continuing operations is comprised of:

Income (loss) before income taxes:

 

 

Year ended December 31,

 

 

 

2018

 

 

2017

 

 

2016

 

United States (U.S.)

 

$

(114,890

)

 

$

(77,654

)

 

$

(80,972

)

Non-U.S.

 

 

68,948

 

 

 

29,157

 

 

 

(40,492

)

 

 

$

(45,942

)

 

$

(48,497

)

 

$

(121,464

)

 

Income taxes expense (benefit):

 

 

Year ended December 31,

 

 

 

2018

 

 

2017

 

 

2016

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

U.S.

 

$

6,701

 

 

$

8,491

 

 

$

6,501

 

Non-U.S.

 

 

10,568

 

 

 

5,028

 

 

 

3,863

 

Total current

 

 

17,269

 

 

 

13,519

 

 

 

10,364

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

U.S.

 

$

-

 

 

$

(3

)

 

$

1

 

Non-U.S.

 

 

348

 

 

 

(351

)

 

 

16

 

Total deferred

 

 

348

 

 

 

(354

)

 

 

17

 

Total income taxes  provision

 

$

17,617

 

 

$

13,165

 

 

$

10,381

 

 

 

b.

Theoretical tax

For purposes of comparability, the Company used the notional U.S. federal income tax rate of 21% for the 2018 tax year and 35% for the 2017 and 2016 tax years when presenting the Company's reconciliation of the income tax provision. The Company is a resident taxpayer in Jersey and as such is not generally subject to Jersey tax on remitted foreign earnings.  A reconciliation of the provision for income taxes compared with the amounts at the notional federal statutory rate was:

 

 

Year ended December 31,

 

 

 

2018

 

 

2017

 

 

2016

 

U.S statutory income taxes rate

 

 

21.0

%

 

 

35.0

%

 

 

35.0

%

Non-deductible expenses

 

 

(2.2

)

 

 

(6.8

)

 

 

(2.5

)

Foreign taxes rate differential

 

 

13.2

 

 

 

15.1

 

 

 

(14.2

)

Change in valuation allowance (1)

 

 

(62.3

)

 

 

(11.9

)

 

 

(30.0

)

State income taxes (1)

 

 

(4.5

)

 

 

18.7

 

 

 

2.3

 

Share based compensation

 

 

(4.5

)

 

 

(4.5

)

 

 

1.2

 

Change in unrecognized taxes expense

 

 

0.3

 

 

 

(0.8

)

 

 

(0.7

)

Other (1)

 

 

0.7

 

 

 

(71.9

)

 

 

0.4

 

Effective taxes rate

 

 

(38.3

)%

 

 

(27.1

)%

 

 

(8.5

)%

_____________________________

 

 

(1)

For additional information, see the table below reflecting the net impact of the TCJA.

 

The Company's tax rate is affected by the tax rates in the jurisdictions outside the U.S. in which the Company operates. The jurisdictional location of earnings is a significant component of our effective tax rate as the tax rates outside of the U.S. generally differ from the U.S. tax rate of 21% for the 2018 tax year and 35% for the 2017 and 2016 tax years, and the relative amount of losses or income for which no tax benefit or expense was recognized due to a valuation allowance.

 

In 2017, the Tax Cuts and Jobs Act of 2017 (the “TCJA”) was signed into law in the U.S. Changes include, but are not limited to, a corporate tax rate decrease from 35% to 21% effective for tax years beginning after December 31, 2017. In accordance with ASC 740, the Company recorded $34.8 million of deferred tax expense in connection with the remeasurement of certain deferred tax assets and liabilities.  This was fully offset by a valuation allowance. Accordingly, there was no net impact on the Company’s income tax expense for the year ended December 31, 2017. The Company’s subsidiary in the United States does not have any foreign subsidiaries and, therefore, the remaining provisions of the TCJA have no material impact on the Company's results of operations. December 22, 2018 marked the end of the measurement period for purposes of SAB 118, and the Company concluded that no change was required to its initial assessment.

 

The table below reflects the net impact of the TCJA:

 

 

 

 

Year ended December 31, 2017

 

 

 

ETR before

TCJA

 

 

US Tax

Cuts &

Jobs Act

Impact

 

 

Reported

ETR

 

U.S statutory income taxes rate

 

 

35.0

%

 

 

0.0

%

 

 

35.0

%

Non-deductible expenses

 

 

(6.8

)

 

 

0.0

 

 

 

(6.8

)

Foreign taxes rate differential

 

 

15.1

 

 

 

0.0

 

 

 

15.1

 

Change in valuation allowance

 

 

(83.4

)

 

 

71.5

 

 

 

(11.9

)

State income taxes

 

 

12.8

 

 

 

5.9

 

 

 

18.7

 

Share based compensation

 

 

2.0

 

 

 

(6.5

)

 

 

(4.5

)

Change in unrecognized taxes expense

 

 

(0.9

)

 

 

0.1

 

 

 

(0.8

)

Other

 

 

(0.9

)

 

 

(71.0

)

 

 

(71.9

)

Effective taxes rate

 

 

(27.1

)%

 

 

0.0

%

 

 

(27.1

)%

 

c. Deferred income tax

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial purposes and the amounts used for income tax purposes. Significant components of the Company’s deferred tax assets and liabilities are as follows:

 

 

December 31,

 

 

 

2018

 

 

2017

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Allowance for doubtful accounts

 

$

-

 

 

$

6,797

 

Revenue recognition

 

 

99,316

 

 

 

60,099

 

Net operating loss carryforwards

 

 

843

 

 

 

972

 

Share based compensation

 

 

10,886

 

 

 

7,544

 

Deferred revenue

 

 

1,643

 

 

 

1,340

 

Other temporary differences

 

 

1,384

 

 

 

1,147

 

Total gross deferred taxes assets

 

$

114,072

 

 

$

77,899

 

Less: valuation allowance

 

 

(112,360

)

 

 

(75,804

)

Total deferred taxes assets

 

$

1,712

 

 

$

2,095

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Fixed assets

 

 

1,427

 

 

 

1,486

 

Total gross deferred taxes liabilities

 

$

1,427

 

 

$

1,486

 

 

 

 

 

 

 

 

 

 

Net deferred taxes assets

 

$

285

 

 

$

609

 

 

d. Carryforward loss:

As of December 31, 2018, the Company has $3.2 million of net operating loss carry forwards (NOLs) available for utilization in Luxembourg in future years.  

e. Uncertain tax benefits:

A reconciliation of the beginning and ending balances of uncertain tax benefits is as follows:

 

 

 

December 31,

 

 

 

2018

 

 

2017

 

 

2016

 

Balance at beginning of the year

 

$

2,827

 

 

$

2,400

 

 

$

1,565

 

Additions (reductions) for taxes positions related current year

 

 

(141

)

 

 

55

 

 

 

1,088

 

Additions (reductions) for taxes positions related to prior years

 

 

(2,583

)

 

 

372

 

 

 

58

 

Additions (reductions)  related to lapse of applicable statute of limitations

 

 

-

 

 

 

-

 

 

 

(311

)

Balance at the end of the year

 

$

103

 

 

$

2,827

 

 

$

2,400

 

 

The Company recognizes interest and penalties related to unrecognized tax benefits in tax expense. During the years ended December 31, 2018, 2017 and 2016, the Company accrued $2, $ 95 and $31, respectively, for interest and penalties expenses related to uncertain tax positions.

The Company's Israeli subsidiary concluded a federal income tax audit for the tax year 2013-2016. There are no other ongoing income tax audits.