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Provision for Income Taxes
12 Months Ended
Dec. 31, 2013
Provision for Income Taxes  
Provision for Income Taxes

13. Provision for Income Taxes

 

The components of the provision for income taxes were as follows:

 

 

 

Year Ended December 31

 

(Dollars in thousands)

 

2013

 

2012

 

2011

 

Current

 

 

 

 

 

 

 

Federal

 

$

6,180

 

$

9,039

 

$

3,338

 

State and local

 

1,739

 

526

 

462

 

Foreign

 

8,632

 

4,056

 

12

 

 

 

16,551

 

13,621

 

3,812

 

Deferred

 

 

 

 

 

 

 

Federal

 

5,950

 

(47

)

13,018

(1)

State and local

 

(248

)

178

 

597

 

Foreign

 

(767

)

312

 

(261

)

 

 

4,935

 

443

 

13,354

 

Provision for income taxes

 

$

21,486

 

$

14,064

 

$

17,166

 

 

(1)$5.5 million relates to the reversal of indirect benefits on uncertain tax benefits which lapsed due to the statute of limitations.

 

Income before income tax provision includes income generated by operations outside the United States of $29.3 million, $10.4 million, and $11.8 million for 2013, 2012, and 2011, respectively.  No provision has been made for U.S. Federal, state, or additional foreign taxes related to approximately $77.4 million of undistributed earnings of foreign subsidiaries which have been indefinitely reinvested.  It is not practical to determine the deferred tax liability on these earnings.

 

The differences between the U.S. federal statutory tax rate and the Company’s effective income tax rate are as follows:

 

 

 

Year Ended December 31

 

 

 

2013

 

2012

 

2011

 

U.S. federal statutory rate

 

35.0

%

35.0

%

35.0

%

State income taxes, net of federal income tax benefit

 

0.8

 

2.0

 

2.1

 

Tax rate differential on foreign income

 

(1.5

)

(2.0

)

(1.0

)

Nonrecurring adjustments related to sale of foreign subsidiary

 

(2.2

)

2.8

 

 

Permanent tax differences

 

(1.4

)

(1.9

)

(1.0

)

Valuation allowance

 

1.5

 

1.5

 

 

Tax statute expiration

 

(0.6

)

(0.8

)

(5.8

)

Change in uncertain tax positions

 

0.3

 

0.6

 

0.6

 

Other — net

 

0.1

 

0.5

 

0.5

 

Effective income tax rate

 

32.0

%

37.7

%

30.4

%

 

The Company has the following gross operating loss carryforwards and tax credit carryforwards as of December 31, 2013:

 

 

 

Amount

 

 

 

Type

 

(Thousands)

 

Expiration Date

 

Foreign tax credits

 

$

1,063

 

2017

 

Capital loss carryforwards

 

770

 

2018

 

State tax credits(2)

 

2,476

 

2018-2027

 

Operating loss carryforwards — federal

 

746

 

2029

 

Operating loss carryforwards — state(1)

 

20,023

 

2014 – 2033

 

Operating loss carryforwards — foreign

 

3,465

 

2017, 2018 – None(3)

 

 

(1)Of the total state operating loss-carryforwards, approximately 88% expire in 2020 or later.

(2)Of the total state tax credit carryforwards, approximately 99% expire in 2023 or later.

(3) Of the total foreign tax credit carryforwards, approximately 6% have no expiration.

 

The components of deferred taxes consist of the following:

 

 

 

December 31

 

(Dollars in thousands)

 

2013

 

2012

 

Deferred tax assets(1)

 

 

 

 

 

Net operating loss and credit carryforwards(2)

 

$

5,548

 

$

5,263

 

Accruals

 

11,198

 

10,957

 

Inventories

 

12,271

 

8,636

 

Pensions

 

4,725

 

15,892

 

Valuation allowance

 

(988

)

(1,146

)

Total deferred tax assets

 

32,754

 

39,602

 

Deferred tax liabilities

 

 

 

 

 

Property, plant and equipment

 

$

31,951

 

$

24,129

 

Goodwill and other intangible assets

 

5,879

 

6,308

 

U.S. liability on Belgian and German net deferred tax assets

 

1,248

 

669

 

Total deferred tax liabilities

 

39,078

 

31,106

 

Net deferred tax asset (liability)

 

$

(6,324

)

$

8,496

 

 

(1)Uncertain tax liabilities of approximately $0.3 million and $0.2 million partially offset the net operating losses and credit carryforwards in 2013 and 2012, respectively.

(2)Net indirect benefits on uncertain tax liabilities of approximately $1.0 million are included in the U.S. net operating loss and credit carryforwards in each 2013and 2012.

 

A valuation allowance is established when it is more likely than not that a portion of the deferred tax assets will not be realized.  The valuation allowance is adjusted based on the changing facts and circumstances, such as the expected expiration of an operating loss carryforward.  The Company’s valuation allowance as of December 31, 2013 is $1.0 million and is as a result of domestic capital loss carryforwards and state tax credits.  The Company’s valuation allowance as of December 31, 2012 of $1.1 million pertained to an uncertainty related to the realization of foreign net operating loss carryforwards.

 

The Company has classified uncertain tax positions as non-current income tax liabilities unless the amount is expected to be paid within one year.  The following is a reconciliation of the unrecognized income tax benefits:

 

(Dollars in thousands)

 

2013

 

2012

 

2011

 

Balance at January 1

 

$

4,141

 

$

4,078

 

$

11,215

 

Gross increases for tax positions of prior years

 

 

53

 

252

 

Gross decreases for tax positions of prior years

 

(438

)

 

(84

)

Gross increases for tax positions of current year

 

122

 

647

 

562

 

Lapse of statute of limitations

 

(390

)

(637

)

(7,867

)

Balance at December 31

 

$

3,435

 

$

4,141

 

$

4,078

 

 

As of December 31, 2013, approximately $2.4 million of the $3.4 million, and as of December 31, 2012, approximately $3.0 million of the $4.1 million, of unrecognized tax benefits would reduce the Company’s effective tax rate if recognized.

 

The Company recognizes accrued interest and penalties related to unrecognized tax benefits in income tax expense. In 2013, the Company reversed an immaterial amount due to the expiration of the statute of limitations.  In 2012, the Company reversed approximately $0.1 million of interest and penalties due to the expiration of the statute of limitations.  As of December 31, 2013 and 2012, the amount accrued for the payment of interest and penalties is approximately $0.9 million and $0.9 million, respectively.

 

Total uncertain tax positions recorded in accrued pension and other liabilities were approximately $4.1 million and $4.8 million for the year ended December 31, 2013 and 2012, respectively.

 

At this time, the Company believes that it is reasonably possible that approximately $0.4 million of the estimated unrecognized tax benefits as of December 31, 2013 will be recognized within the next twelve months based on the expiration of statutory review periods all of which will impact the effective tax rate.

 

On September 13, 2013, Treasury and the Internal Revenue Service issued final regulations regarding the deduction and capitalization of expenditures related to tangible property. The final regulations under Internal Revenue Code Sections 162, 167 and 263(a) apply to amounts paid to acquire, produce, or improve tangible property as well as dispositions of such property and are generally effective for tax years beginning on or after January 1, 2014.  The Company has evaluated these regulations and determined they will not have a material impact on its consolidated results of operations, cash flows or financial position.

 

As of December 31, 2013, the following tax years remain subject to examination for the major jurisdictions where the Company conducts business:

 

Jurisdiction

 

Years

 

United States

 

2003, 2005, 2008, 2010 – 2013

 

Kentucky

 

2009 – 2013

 

Pennsylvania

 

2010 – 2013

 

Belgium

 

2011 – 2013

 

Canada

 

2009 – 2013

 

Germany

 

2010 – 2013

 

United Kingdom

 

2010 – 2013

 

Japan

 

2008 – 2013