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INCOME TAXES
12 Months Ended
Dec. 31, 2014
INCOME TAXES  
INCOME TAXES

 

NOTE 14. INCOME TAXES

The components of the income tax expense consisted of the following:

                                                                                                                                                                                    

$s in thousands

 

2014

 

2013

 

2012

 

Current:

 

 

 

 

 

 

 

 

 

 

U.S. Federal

 

$

13,767

 

$

14,769

 

$

13,989

 

State

 

 

2,492

 

 

2,241

 

 

1,905

 

Foreign

 

 

4,521

 

 

3,623

 

 

873

 

​  

​  

​  

​  

​  

​  

Total current

 

 

20,780

 

 

20,633

 

 

16,767

 

Deferred:

 

 


 

 

 


 

 

 


 

 

U.S. Federal

 

 

2,721

 

 

(2,068

)

 

(270

)

State

 

 

(155

)

 

(218

)

 

79

 

Foreign

 

 

(532

)

 

(351

)

 

(517

)

​  

​  

​  

​  

​  

​  

Total deferred

 

 

2,034

 

 

(2,637

)

 

(708

)

​  

​  

​  

​  

​  

​  

Income tax expense

 

$

22,814

 

$

17,996

 

$

16,059

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

A reconciliation between the effective income tax rate and the applicable statutory federal and state income tax rate is as follows:

                                                                                                                                                                                    

 

 

2014

 

2013

 

2012

 

Taxes computed at statutory rate

 

 

35.0

%

 

35.0

%

 

35.0

%

State income taxes (net of federal income tax benefit)

 

 

2.7

 

 

2.7

 

 

3.3

 

Non-deductible transaction costs

 

 

1.5

 

 

 

 

 

Foreign rate differential

 

 

(2.0

)

 

(2.0

)

 

(0.3

)

Other

 

 

0.2

 

 

0.2

 

 

0.5

 

​  

​  

​  

​  

​  

​  

 

 

 

37.4

%

 

35.9

%

 

38.5

%  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

The components of the total net deferred tax assets and liabilities as of December 31, 2014 and 2013 consisted of the following:

                                                                                                                                                                                    

$s in thousands

 

2014

 

2013

 

Deferred tax assets:

 

 

 

 

 

 

 

Net operating loss and foreign tax credit carry forwards

 

$

3,195

 

$

6,270

 

Accruals, allowances and other

 

 

4,432

 

 

1,708

 

Environmental compliance and other site related costs

 

 

10,305

 

 

554

 

Unrealized foreign exchange gains and losses

 

 

1,180

 

 

636

 

Unrealized gains and losses on interest rate hedge

 

 

1,098

 

 

—  

 

​  

​  

​  

​  

Total deferred tax assets

 

 

20,210

 

 

9,168

 

Less: valuation allowance

 

 

(2,718

)

 

(6,253

)

​  

​  

​  

​  

Net deferred tax assets

 

 

17,492

 

 

2,915

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Property and equipment

 

 

(110,652

)

 

(6,752

)

Intangible assets

 

 

(8,305

)

 

(9,425

)

Other

 

 

(1,623

)

 

(176

)

​  

​  

​  

​  

Total deferred tax liabilities

 

 

(120,580

)

 

(16,353

)

​  

​  

​  

​  

Net deferred tax liability

 

$

(103,088

)

$

(13,438

)

​  

​  

​  

​  

​  

​  

​  

​  

​  

U.S. income tax has not been recognized on the excess of the amount for financial reporting over the tax basis of investments in foreign subsidiaries that is indefinitely reinvested outside the United States. This amount becomes taxable upon a repatriation of assets from the subsidiary or a sale or liquidation of the subsidiary. The amount of such temporary differences totaled $18.8 million as of December 31, 2014. Determination of the amount of any unrecognized deferred income tax liability on this temporary difference is not practicable because of the complexities of the hypothetical calculation.

As of December 31, 2014, we have federal net operating loss carry forwards ("NOLs") of approximately $1.3 million. The NOLs relate to losses incurred by EQ prior to our acquisition of EQ on June 17, 2014 and expire in 2034. U.S. income tax law limits the amount of losses that we can use on an annual basis. We believe it is more likely than not the entire federal NOL will be utilized.

We have historically recorded a valuation allowance for certain deferred tax assets due to uncertainties regarding future operating results and limitations on utilization of state NOLs for tax purposes. State NOLs expire between 2015 and 2021. Our gross state NOLs were decreased as a result of changes in various state laws impacting how NOLs are determined, which had no impact to our annual effective tax rate since these NOLs were entirely offset by the valuation allowance. The realization of a significant portion of net deferred tax assets is based in part on our estimates of the timing of reversals of certain temporary differences and on the generation of taxable income before such reversals. At December 31, 2014 and 2013, we continued to maintain a valuation allowance for approximately $1.0 million and $6.3 million, respectively, for state tax benefits that are not expected to be utilizable prior to expiration.

As of December 31, 2014, we have foreign tax credit carry forwards of approximately $1.7 million that expire in 2024. We believe it is not more likely than not the foreign tax credit carry forward will be utilized and therefore maintain a valuation allowance on the entire balance.

The domestic and foreign components of Income (loss) before income taxes consisted of the following:

                                                                                                                                                                                    

$s in thousands

 

2014

 

2013

 

2012

 

Domestic

 

 

46,017 

 

 

37,958 

 

 

40,425 

 

Foreign

 

 

15,033 

 

 

12,189 

 

 

1,293 

 

​  

​  

​  

​  

​  

​  

Income before income taxes

 

$

61,050 

 

$

50,147 

 

$

41,718 

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

The changes to unrecognized tax benefits (excluding related penalties and interest) consisted of the following:

                                                                                                                                                                                    

$s in thousands

 

2014

 

2013

 

2012

 

Unrecognized tax benefits, beginning of year

 

$

438

 

$

438

 

$

438

 

Gross increases in tax positions in prior periods

 

 

 

 

 

 

 

Gross increases during the current period

 

 

 

 

 

 

 

Settlements

 

 

 

 

 

 

 

Lapse of statute of limitations

 

 

(438

)

 

 

 

—  

 

​  

​  

​  

​  

​  

​  

Unrecognized tax benefits, end of year

 

$

 

$

438

 

$

438

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

Due to the expiration of certain statutes of limitations, during 2014 we reduced our unrecognized tax benefits by $480,000, including accrued interest, which had a favorable impact on our effective tax rate for the year.

We file a consolidated U.S. federal income tax return with the Internal Revenue Service ("IRS") as well as income tax returns in various states and Canada. We may be subject to examination by the IRS for tax years 2011 through 2014. Additionally, we may be subject to examinations by the Canada Revenue Agency as well as various state and local taxing jurisdictions for tax years 2010 through 2014. We are currently not aware of any examinations by taxing authorities.