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Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

12. Income Taxes (as restated)

(Loss) income before income tax expense (benefit) consists of (in thousands):

 

 

Successor

 

 

Predecessor

 

 

Consolidated (as restated)

 

 

Combined

 

 

Year Ended December 31, 2020

 

March 20, 2019 to December 31, 2019

 

 

 

 

January 1, 2019 to March 19, 2019

 

Year Ended December 31, 2018

 

U.S.

$

(12,294

)

$

(19,901

)

 

 

 

$

115

 

$

2,871

 

Foreign

 

(274,869

)

 

(12,154

)

 

 

 

 

(24,787

)

 

11,960

 

 

$

(287,163

)

$

(32,055

)

 

 

 

$

(24,672

)

$

14,831

 

 

The income tax expense (benefit) consists of the following (in thousands):

 

 

Successor

 

 

Predecessor

 

 

Consolidated

 

 

Combined

 

 

Year Ended December 31, 2020

 

March 20, 2019 to December 31, 2019

 

 

 

January 1, 2019 to March 19, 2019

 

Year Ended December 31, 2018

 

U.S. Federal

$

1,309

 

$

(340

)

 

 

$

(39

)

$

461

 

U.S. State

 

51

 

 

89

 

 

 

 

57

 

 

159

 

Foreign

 

(546

)

 

131

 

 

 

 

91

 

 

468

 

 

 

814

 

 

(120

)

 

 

 

109

 

 

1,088

 

Current

 

(761

)

523

 

 

 

 

118

 

 

1,089

 

Deferred

 

1,575

 

 

(643

)

 

 

 

(9

)

 

(1

)

 

$

814

 

$

(120

)

 

 

$

109

 

$

1,088

 

A reconciliation of the difference between the expected income tax expense (benefit) using the U.S. federal tax rate and our actual provision is as follows (in thousands):

 

 

Successor

 

 

Predecessor

 

 

Consolidated (as restated)

 

 

Combined

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Year Ended December 31, 2020

 

March 20, 2019 to December 31, 2019

 

 

 

January 1, 2019 to March 19, 2019

 

Year Ended December 31, 2018

 

Provision using statutory

 

 

 

 

 

 

 

 

 

 

 

 

 

 

U.S. federal tax rate

$

(60,304

)

$

(6,731

)

 

 

$

(5,162

)

$

3,114

 

Foreign rate differential

 

16,530

 

 

2,378

 

 

 

 

4,780

 

 

(1,730

)

Prior period true up adjustment

 

(1,798

)

 

-

 

 

 

 

-

 

 

-

 

State taxes

 

178

 

 

89

 

 

 

 

-

 

 

126

 

Change in valuation allowance

 

5,454

 

 

4,093

 

 

 

 

-

 

 

(439

)

Permanent differences

 

40,865

 

 

168

 

 

 

 

346

 

 

141

 

Uncertain tax position

 

-

 

 

-

 

 

 

 

-

 

 

(68

)

Other

 

(111

)

 

(117

)

 

 

 

145

 

 

(56

)

Total

$

814

 

$

(120

)

 

 

$

109

 

$

1,088

 

 

The difference between the expected provision for income taxes using the 21% U.S. federal income tax rate for 2020 and 2019 (Successor and Predecessor) and 2018 (Predecessor), and the Company’s actual provision is primarily attributable to the change in valuation allowance, foreign rate differential including income earned in jurisdictions not subject to income taxes, and prior period true- up adjustment.

A reconciliation of the beginning and ending amounts of uncertain tax positions, excluding interest and penalties, is as follows (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Year Ended December 31, 2020

 

March 20, 2019 to December 31, 2019

 

 

 

January 1, 2019 to March 19, 2019

 

Year Ended December 31, 2018

 

Beginning balance

$

1,663

 

$

1,663

 

 

 

$

1,697

 

$

1,781

 

Gross (decreases) increases—prior period tax position

 

-

 

 

-

 

 

 

 

(34

)

 

(84

)

Ending balance

$

1,663

 

$

1,663

 

 

 

$

1,663

 

$

1,697

 

 

As of December 31, 2020, the Company accrued $4.4 million, for uncertain tax positions, including interest and penalties that, if recognized, would affect the effective income tax rate.

The Company classifies interest and penalties on uncertain tax positions as a component of provision for income taxes in the consolidated and combined statements of operations. Accrued interest and penalties related to uncertain tax positions as of December 31, 2020 and 2019, amounted to $2.6 million and $2.2 million respectively, and are included in income tax contingency in the accompanying consolidated and combined balance sheets.

Deferred income taxes consist of the following (in thousands):

 

 

As of December 31,

 

 

2020

 

 

 

2019

 

Deferred income tax assets:

 

 

 

 

 

 

 

 

Stock options

$

5,809

 

 

 

$

4,807

 

Inventory reserves

 

16

 

 

 

 

36

 

Allowance for doubtful accounts

 

12

 

 

 

 

8

 

Depreciation and amortization

 

2,351

 

 

 

 

1,274

 

Other reserves and accruals

 

430

 

 

 

 

144

 

Gift certificates

 

202

 

 

 

 

185

 

Net operating losses

 

3,833

 

 

 

 

749

 

Total deferred income tax assets

 

12,653

 

 

 

 

7,203

 

Less valuation allowance

 

(11,543

)

 

 

 

(5,157

)

Deferred income tax asset, net

$

1,110

 

 

 

$

2,046

 

Deferred income tax liability

$

(1,012

)

 

 

$

(375

)

Net deferred income tax asset

$

98

 

 

 

$

1,671

 

 

The valuation allowance increased by $6.4 million in 2020, primarily stemming from the assessment of realizability of the deferred tax asset.

 

As of December 31, 2020, we had approximately $15.7 million of foreign tax operating loss carryforwards expiring as follows (in millions):

 

Expires

 

 

 

2021

$

0.6

 

2022

 

0.3

 

2023

 

0.5

 

2024

 

0.4

 

2025

 

1.4

 

2026

 

0.3

 

2027

 

0.6

 

2028

 

0.2

 

2030

 

0.3

 

Indefinite

 

11.1

 

Total

$

15.7

 

As the Company accounts for income taxes under the separate return method for the predecessor period, the combined statements of equity for period from January 1, 2019 to March 19, 2019 (Predecessor) and for the year ended December 31, 2018 (Predecessor) include $0.03 million, $1.2 million of current income taxes payable that were included in net Parent investment, as such income taxes are not actually owed to the tax authorities. The Company is subject to routine audits by U.S. federal, state, local and foreign tax authorities. These audits include questioning the timing and the amount of deductions and the allocation of income among various tax jurisdictions. The tax years 2015-2019 remain subject to examination by taxing authorities throughout the world in major jurisdictions, such as the U.S. and Italy.

In November 2016, the Company was notified by a foreign tax authority of a disagreement over how the withholding tax exemption was applied on dividend distributions. On February 17, 2017, the Company received a formal assessment related to this matter. The Company is disputing the assessment and believes that adequate accrual has been established for this matter. The Company has included $(0.1) million and $0.5 million of unrecognized tax benefit in the provision for income taxes for the year ended December 31, 2018 (Predecessor) which comprises the impact of foreign exchange movements on the income tax contingency accrual.

 

U.S. Tax Reform

On December 22, 2017, the U.S. enacted significant changes to tax law following the passage and signing of The Tax Cuts and Jobs Act (“TCJA”). The Company has completed the analysis of the tax accounting implications of the TCJA during the year ended December 31, 2018 in accordance with the terms of SEC Staff Bulletin 118. The Company did not record any adjustments in the year ended December 31, 2018 to provisional amounts that were material to its combined financial statements.