9. INCOME TAXES

The Company and its subsidiaries file income tax returns in the U.S. federal jurisdiction and various states and foreign jurisdictions. The Company is no longer subject to U.S. federal examinations by tax authorities for years before 2013 and for state examinations before 2010. Regarding foreign subsidiaries, the Company is no longer subject to examination by tax authorities for years before 2006 in Asia and generally 2009 in Europe. At December 31, 2015, the Company was under examination by the taxing authorities in Germany for the tax years 2011 through 2013. This audit concluded in April 2016 and resulted in an immaterial amount of incremental tax expense.

At December 31, 2016 and 2015, the Company has approximately $27.8 million and $42.2 million, respectively, of liabilities for uncertain tax positions ($0.4 million and $1.9 million, respectively, is included in other current liabilities on the consolidated balance sheets and $27.4 million and $40.3 million, respectively, is included in liability for uncertain tax positions on the consolidated balance sheets). These amounts, if recognized, would reduce the Company's effective tax rate. As of December 31, 2016, approximately $0.4 million of the Company's liabilities for uncertain tax positions are expected to be resolved during the next twelve months by way of expiration of the related statute of limitations.

In connection with the acquisition of the Power Solutions business in 2014, the Company acquired a liability for additional uncertain tax positions related to various tax matters for the years 2007 through 2013. During the year ended December 31, 2016, a portion of these tax matters was resolved with the taxing authorities which resulted in a reduction of $13.9 million in the liability for uncertain tax positions, of which $11.1 million related to interest and penalties. The Company is actively pursuing resolution of the remaining tax matters. From the date of acquisition through December 31, 2016, the Company has recorded $4.5 million of interest and penalties pertaining to this issue, of which $2.6 million was reversed during 2016 in relation to the settlement of the exposure. The Company will continue to accrue approximately $0.7 million annually until the issues are resolved.

As part of the acquisition of Power Solutions, the Company acquired a $12.0 million liability for uncertain tax positions relating to an ongoing claim by the Arezzo Revenue Agency in Italy concerning certain tax matters related to what was then Power-One Asia Pacific Electronics Shenzhen Co. Ltd. (now Bel Power Solutions Asia Pacific Electronics Shenzhen Co. Ltd.) for the years 2004 through 2006, as further described in Note 16, "Commitments and Contingencies."

As a result of the expiration of the statutes of limitations for specific jurisdictions, it is reasonably possible that the related unrecognized benefits for tax positions taken regarding previously filed tax returns may change materially from those recorded as liabilities for uncertain tax positions in the Company's consolidated financial statements at December 31, 2016. A total of $0.4 million of the acquired liability for uncertain tax positions relates to the 2006 tax year and is scheduled to expire on December 31, 2017. Additionally, a total of $0.2 million of previously recorded liabilities for uncertain tax positions relating to the 2010 tax year were reversed during the year ended December 31, 2015. This was offset by an increase to the liability for uncertain tax positions in the amount of $3.2 million, of which $2.1 million relates to interest and penalties on the uncertain tax positions acquired from Power Solutions, which is included in the consolidated statement of operations during the year ended December 31, 2015. A total of $0.8 million of previously recorded liabilities for uncertain tax positions relating to 2010 were reversed during the year ended December 31, 2014.

A reconciliation of the beginning and ending amount of the liability for uncertain tax positions, including the portion included in income taxes payable, is as follows:

	2016			2015			2014
Liability for uncertain tax positions - January 1	$	42,158		$	39,970		$	2,189
Additions based on tax positions
related to the current year		2,483			3,241			2,732
Additions relating to acquisitions		-			-			35,874
Translation adjustment		(881	)		(844	)		-
Settlement/expiration of statutes of limitations		(15,932	)		(209	)		(825	)
Liability for uncertain tax positions - December 31	$	27,828		$	42,158		$	39,970

The Company's policy is to recognize interest and penalties related to uncertain tax positions as a component of the current provision for income taxes. During the years ended December 31, 2016, 2015 and 2014, the Company recognized $1.3 million, $2.5 million and $1.6 million, respectively, in interest and penalties in the consolidated statements of operations. During the years ended December 31, 2016, 2015 and 2014, the Company recognized a benefit of $3.1 million, less than $0.1 million and $0.2 million, respectively, for the reversal of such interest and penalties, relating to the expiration of statues of limitations and settlement of the acquired liability for uncertain tax positions, respectively. The Company has approximately $2.2 million and $4.0 million accrued for the payment of interest and penalties at December 31, 2016 and 2015, respectively, which is included in both income taxes payable and liability for uncertain tax positions in the consolidated balance sheets.

The Company's total (loss) earnings before (benefit) provision for income taxes included (loss) earnings from domestic operations of ($43.3) million, $6.1 million and ($9.2) million for 2016, 2015 and 2014, respectively, and (loss) earnings before (benefit) provision for income taxes from foreign operations of ($39.2) million, $19.6 million and $19.0 million for 2016, 2015 and 2014, respectively.

The (benefit) provision for income taxes consists of the following:

	Years Ended December 31,
	2016			2015			2014
Current:
Federal	$	(1,163	)	$	1,494		$	402
State		18			70			175
Foreign		(10,172	)		5,327			3,281
		(11,317	)		6,891			3,858
Deferred:
Federal		(6,272	)		1,019			(2,698	)
State		(464	)		(64	)		(407	)
Foreign		335			(1,311	)		414
		(6,401	)		(356	)		(2,691	)

	$	(17,718	)	$	6,535		$	1,167

A reconciliation of taxes on income computed at the U.S. federal statutory rate to amounts provided is as follows:

	Years Ended December 31,
	2016					2015					2014
	$			%		$			%		$			%
Tax (benefit) provision computed at the
federal statutory rate	$	(28,893	)	35	%	$	9,006		35	%	$	3,420		35	%
Increase (decrease) in taxes resulting from:
Different tax rates applicable to foreign operations		(4,427	)	5	%		(5,353	)	(21	%)		(4,458	)	(46	%)

Impairment of goodwill & intangibles		30,445		(37	%)		-		0	%		-		0	%

Increase in (reversal of) liability for uncertain
tax positions - net		(13,974	)	17	%		3,032		12	%		1,907		20	%

Utilization of research and experimentation, solar and foreign
tax credits		(349	)	0	%		(349	)	(1	%)		(508	)	(5	%)

State taxes, net of federal benefit		(420	)	1	%		56		0	%		(183	)	(2	%)

Current year (reversal) increase in U.S. valuation allowances		-		0	%		(343	)	(1	%)		335		3	%

Federal tax on profit of foreign disregarded entities
net of deferred tax		-		0	%		872		3	%		770		8	%

Other, including qualified production activity credits, SERP/COLI
income, under/(over) accruals, unrealized foreign exchange gains
and amortization of purchase accounting intangibles		(100	)	0	%		(386	)	(2	%)		(116	)	(1	%)
Tax (benefit) provision computed at the Company's
effective tax rate	$	(17,718	)	21	%	$	6,535		25	%	$	1,167		12	%

The Company holds an offshore business license from the government of Macao. With this license, a Macao offshore company named Bel Fuse (Macao Commercial Offshore) Limited has been established to handle the Company's sales to third-party customers in Asia. Sales by this company consist of products manufactured in the PRC. This company is not subject to Macao corporate profit taxes which are imposed at a tax rate of 12%. Additionally, the Company established TRP International, a China Business Trust ("CBT"), when it acquired the TRP group, as previously discussed. Sales by the CBT consists of products manufactured in the PRC and sold to third-party customers inside and outside Asia. The CBT is not subject to PRC income taxes, which are generally imposed at a tax rate of 25%.

As of December 31, 2016, the Company has gross foreign income tax net operating losses ("NOL") of $25.6 million, foreign tax credits of $0.3 million and capital loss carryforwards of $0.2 million which amount to a total of $6.2 million of deferred tax assets. The Company has established valuation allowances totaling $6.1million against these deferred tax assets. In addition, the Company has gross federal and state income tax NOLs of $16.0 million, including $3.8 million of NOLs acquired from Array and $10.0 million of NOLs acquired from Connectivity Solutions, which amount to $5.3 million of deferred tax assets and tax credit carryforwards of $2.3 million. The Company has established valuation allowances of $0.2 million and $1.2 million, respectively, against these deferred tax assets. The foreign NOL's can be carried forward indefinitely, the NOL acquired from Array expires at various times during 2026 – 2027, the NOL acquired from Connectivity Solutions expire at various times during 2022-2033, the state NOL's expire at various times during 2017 – 2031 and the tax credit carryforwards expire at various times during 2025 - 2034.

It is the Company's intention to repatriate substantially all net income from its wholly owned PRC subsidiary, Dongguan Transpower Electric Products Co., Ltd, a Chinese Limited Liability Company, to its direct Hong Kong parent Transpower Technologies (Hong Kong) Ltd. Applicable income and dividend withholding taxes have been reflected in the accompanying consolidated statements of operations for the year ended December 31, 2016. However, U.S. deferred taxes need not be provided as there is no intention to repatriate such amounts to the U.S. Management's intention is to permanently reinvest the majority of the remaining earnings of foreign subsidiaries in the expansion of its foreign operations. Unrepatriated earnings, upon which U.S. income taxes have not been accrued, are approximately $100.4 million at December 31, 2016. Such unrepatriated earnings are deemed by management to be permanently reinvested. At December 31, 2016, the estimated federal income tax liability related to unrepatriated foreign earnings is $23.3 million under the current tax law.

Components of deferred income tax assets are as follows:

	December 31,
	2016		2015
	Tax Effect		Tax Effect

Deferred tax assets:
State tax credits	$	902	$	902
Unfunded pension liability		1,398		1,327
Reserves and accruals		4,335		4,349
Federal, state and foreign net operating loss
and credit carryforwards		12,891		10,953
Depreciation		1,057		880
Amortization		-		814
Other accruals		8,278		9,622
Total deferred tax assets		28,861		28,847
Deferred tax liabilities:
Reserves and accruals		64		64
Depreciation		3,028		2,391
Amortization		15,361		23,772
Other accruals		973		857
Total deferred tax liabilities		19,426		27,084
Valuation allowance		7,485		6,635
Net deferred tax assets/(liabilities)	$	1,950	$	(4,872	)

The Company continues to monitor proposed legislation affecting the taxation of transfers of U.S. intangible property and other potential tax law changes.