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Income Taxes
12 Months Ended
Dec. 31, 2022
Income Taxes
10.
Income Taxes

The components of income before income taxes are as follows:

 

 

 

For the Years Ended December 31,

 

 

 

2022

 

 

2021

 

 

2020

 

 

 

(Amounts in thousands)

 

Domestic

 

$

153,446

 

 

$

81,984

 

 

$

27,545

 

Foreign

 

 

65,694

 

 

 

71,559

 

 

 

31,672

 

Income before income taxes

 

$

219,140

 

 

$

153,543

 

 

$

59,217

 

 

 

 

 

 

 

 

 

 

 

 

 

The components of the income tax provision are as follows:

 

 

 

For the Years Ended December 31,

 

 

 

2022

 

 

2021

 

 

2020

 

 

 

(Amounts in thousands)

 

Components of the income tax provision (benefit):

 

 

 

 

 

 

 

 

 

Current

 

$

34,800

 

 

$

20,166

 

 

$

5,193

 

Deferred

 

 

(1,619

)

 

 

5,086

 

 

 

(5,902

)

Total

 

$

33,181

 

 

$

25,252

 

 

$

(709

)

Jurisdictional components of the income tax provision (benefit):

 

 

 

 

 

 

 

 

 

Federal

 

$

17,662

 

 

$

8,321

 

 

$

(4,741

)

State

 

 

1,381

 

 

 

1,251

 

 

 

(3,011

)

Foreign

 

 

14,138

 

 

 

15,680

 

 

 

7,043

 

Total

 

$

33,181

 

 

$

25,252

 

 

$

(709

)

 

 

 

 

 

 

 

 

 

 

 

At December 31, 2022, the Company had federal net operating loss carryforwards of $42.9 million, state net operating loss carryforwards of $0.8 million, and foreign net operating loss carryforwards of $4.9 million. Federal net operating loss carryforwards of $7.3 million will expire at various dates through 2037. The state net operating loss carryforwards will expire at various dates through 2041, while the foreign net operating loss carryforwards do not expire. The other $35.6 million of federal net operating loss carryforwards have unlimited carryforward periods. At December 31, 2022, the Company had state business tax credits carryforwards of $3.8 million available to reduce future domestic income taxes. The business tax credit carryforwards will expire at various dates through 2042. The net operating loss and business tax credit carryforwards are subject to review and possible adjustment by the Internal Revenue Service and may be limited in the event of certain changes in the ownership interest of significant shareholders.

The components of deferred income taxes are as follows:

 

 

 

December 31,

 

 

 

2022

 

 

2021

 

 

 

(Amounts in thousands)

 

Deferred tax assets:

 

 

 

 

 

 

Stock-based compensation expense

 

$

5,323

 

 

$

5,144

 

Operating leases

 

 

31,564

 

 

 

26,264

 

Capitalized research and development

 

 

9,102

 

 

 

 

Inventory

 

 

5,983

 

 

 

3,082

 

Net operating loss carryforwards

 

 

9,808

 

 

 

10,841

 

Business tax credit carryforwards

 

 

2,639

 

 

 

1,834

 

Other

 

 

4,440

 

 

 

3,504

 

Total deferred tax assets

 

 

68,859

 

 

 

50,669

 

Less: valuation allowance

 

 

(19

)

 

 

(718

)

Net deferred tax assets

 

 

68,840

 

 

 

49,951

 

Deferred tax liabilities:

 

 

 

 

 

 

Fixed assets

 

 

(18,965

)

 

 

(7,779

)

Acquired intangible assets

 

 

(43,549

)

 

 

(43,227

)

Operating lease right of use assets

 

 

(28,486

)

 

 

(24,114

)

Conversion option on convertible notes

 

 

 

 

 

(6,408

)

Total deferred tax liabilities

 

 

(91,000

)

 

 

(81,528

)

Total net deferred tax liabilities

 

$

(22,160

)

 

$

(31,577

)

 

The net change in the total valuation allowance for the year ended December 31, 2022 and 2021 was a decrease of approximately $0.7 million and a decrease of $9,000, respectively.

The reconciliation of the federal statutory rate to the effective income tax rate for the years ended December 31, 2022, 2021 and 2020 is as follows:

 

 

 

For the Years Ended December 31, 2022

 

 

 

2022

 

 

2021

 

 

2020

 

 

 

Amount

 

 

%

 

 

Amount

 

 

%

 

 

Amount

 

 

%

 

 

 

(Amounts in thousands, except percentages)

 

Income before income taxes

 

$

219,140

 

 

 

 

 

$

153,543

 

 

 

 

 

$

59,217

 

 

 

 

Expected tax at statutory rate

 

 

46,020

 

 

 

21.0

%

 

 

32,247

 

 

 

21.0

%

 

 

12,436

 

 

 

21.0

%

Adjustments due to:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Difference between U.S. and foreign
     tax

 

 

1,024

 

 

 

0.5

%

 

 

530

 

 

 

0.3

%

 

 

618

 

 

 

1.0

%

State income and franchise tax

 

 

3,509

 

 

 

1.6

%

 

 

1,462

 

 

 

1.0

%

 

 

133

 

 

 

0.2

%

Business tax credits

 

 

(5,139

)

 

 

(2.3

%)

 

 

(2,239

)

 

 

(1.5

%)

 

 

(4,660

)

 

 

(7.9

%)

Stock-based compensation expense

 

 

(5,638

)

 

 

(2.6

%)

 

 

(9,049

)

 

 

(5.9

%)

 

 

(9,243

)

 

 

(15.6

%)

U.S. taxation of foreign earnings

 

 

83

 

 

 

0.0

%

 

 

30

 

 

 

0.0

%

 

 

51

 

 

 

0.1

%

Foreign-derived intangible income

 

 

(5,042

)

 

 

(2.3

%)

 

 

(2,547

)

 

 

(1.7

%)

 

 

 

 

 

0.0

%

Executive compensation

 

 

5,441

 

 

 

2.5

%

 

 

3,397

 

 

 

2.2

%

 

 

1,401

 

 

 

2.4

%

Contingent consideration

 

 

(6,033

)

 

 

(2.8

%)

 

 

1,232

 

 

 

0.8

%

 

 

 

 

 

0.0

%

Change in U.S. and foreign tax rates

 

 

2

 

 

 

0.0

%

 

 

32

 

 

 

0.0

%

 

 

(2,650

)

 

 

(4.5

%)

Uncertain tax provisions

 

 

234

 

 

 

0.1

%

 

 

(443

)

 

 

(0.3

%)

 

 

(168

)

 

 

(0.3

%)

Change in valuation allowance

 

 

(688

)

 

 

(0.3

%)

 

 

(48

)

 

 

(0.0

%)

 

 

(12

)

 

 

(0.0

%)

Other

 

 

(592

)

 

 

(0.3

%)

 

 

648

 

 

 

0.4

%

 

 

1,385

 

 

 

2.3

%

Income tax provision

 

$

33,181

 

 

 

15.1

%

 

$

25,252

 

 

 

16.4

%

 

$

(709

)

 

 

(1.2

%)

 

The Company’s tax returns are subject to examination by federal, state and foreign tax authorities. The Company’s two major tax jurisdictions are subject to examination for the following periods:

 

Jurisdiction

 

Fiscal Years Subject to Examination

United States - federal and state

 

2018-2022

Sweden

 

2017-2022

 

The following is a tabular reconciliation of the total amounts of unrecognized tax benefits:

 

 

 

For the Years Ended December 31, 2022

 

 

 

2022

 

 

2021

 

 

 

(Amounts in thousands)

 

Balance of gross unrecognized tax benefits, beginning of period

 

$

2,786

 

 

$

3,200

 

Gross amounts of increases in unrecognized tax benefits as a result
     of tax positions taken in the current period

 

 

146

 

 

 

133

 

Gross amounts of increases and (decreases) in unrecognized tax benefits as a result
     of tax positions taken in the prior period

 

 

64

 

 

 

(500

)

Gross amounts of decreases due to release

 

 

 

 

 

(47

)

Balance of gross unrecognized tax benefits, end of period

 

$

2,996

 

 

$

2,786

 

 

 

 

 

 

 

 

Included in the balance of unrecognized tax benefits as of December 31, 2022, are $3.0 million of tax benefits that, if recognized, would affect the effective tax rate. The Company classifies interest and penalties related to income taxes as components of its income tax provision. In 2022, a net expense of approximately $24,000 was recorded to the income tax provision related to interest and penalties while in 2021 and 2020, net (benefit)/expenses of approximately ($29,000) and $17,000, respectively, were recorded. The amount of interest and penalties recorded in the accompanying consolidated balance sheets was approximately $52,000 and $29,000 as of December 31, 2022 and 2021, respectively. The Company does not anticipate the amount of unrecognized tax benefits to change over the next twelve months.

On August 16, 2022, the United States enacted the Inflation Reduction Act of 2022 ("IRA"), which, among other things, implements a 15% alternative minimum tax on global adjusted financial statement income of certain large corporations, a 1% excise tax on net stock repurchases and several tax incentives to promote clean energy and will become effective beginning in

2023. The Company evaluated the provisions of the IRA and no provision had, or will have a material effect on our consolidated financial position or results of operations as of December 31, 2022.

As of December 31, 2022, the Company has accumulated undistributed earnings generated by its foreign subsidiaries of approximately $148.2 million. Because $5.7 million of such earnings have previously been subject to the one-time transition tax on foreign earnings required by the Tax Cuts and Jobs Act enacted in December 2017, any additional taxes due with respect to such earnings or the excess of the amount for financial reporting over the tax basis of our foreign investments would generally be limited to foreign and state taxes. At December 31, 2022, the Company has not provided for taxes on outside basis differences of its foreign subsidiaries as it is not practicable and the Company has the ability and intent to indefinitely reinvest the undistributed earnings of its foreign subsidiaries, and there are no needs for such earnings in the United States that would contradict its plan to indefinitely reinvest.