Income Taxes

The provision for income taxes was as follows during fiscal 2017, 2016 and 2015:



	Year ended September 30,
	2017			2016			2015
	(In thousands)
Current:
Federal	$	19,576		$	50,631		$	23,646
State	1,055			2,900			(5,381		)
Foreign	8,486			7,597			10,405
	29,117			61,128			28,670
Deferred:
Federal	(5,027		)	(23,592		)	(5,004		)
State	(296		)	(225		)	1,422
Foreign	(726		)	(2,190		)	(2,352		)
	(6,049		)	(26,007		)	(5,934		)
Total provision	$	23,068		$	35,121		$	22,736

The foreign provision was based on foreign pre-tax earnings of $27.8 million, $33.0 million and $45.2 million in fiscal 2017, 2016 and 2015, respectively. Current foreign tax expense related to foreign tax withholdings was $4.6 million, $6.5 million and $5.3 million in fiscal 2017, 2016 and 2015, respectively. Foreign withholding tax and related foreign tax credits are included in current tax expense above.

Deferred tax assets and liabilities at September 30, 2017 and 2016 were as follows:



	September 30,
	2017			2016
	(In thousands)
Deferred tax assets:
Net operating loss carryforward	$	16,765		$	16,122
Foreign tax credit carryforward	10,286			14,590
Research credit carryforward	7,333			6,132
Accrued bonus	14,468			13,807
Investments	582			619
Accrued compensation	1,585			1,328
Share-based compensation	29,770			27,203
Deferred revenue	—			1,467
Accrued lease costs	3,026			3,406
Property and equipment	3,476			3,348
Other	8,630			7,728
	95,921			95,750
Less valuation allowance	(17,657		)	(15,145		)
Total deferred tax assets	78,264			80,605
Deferred tax liabilities:
Intangible assets	(25,346		)	(28,056		)
Prepaid expense	(4,681		)	(3,959		)
Deferred revenue	(41		)	—
Other	(992		)	(992		)
Total deferred tax liabilities	(31,060		)	(33,007		)
Deferred tax assets, net	$	47,204		$	47,598

Based upon the level of historical taxable income and projections for future taxable income over the periods that the deferred tax assets will reverse, management believes it is more likely than not that we will realize the benefits of the deferred tax assets, net of the existing valuation allowance at September 30, 2017.

As of September 30, 2017, we had available U.S. federal, state and foreign net operating loss (“NOL”) carryforwards of approximately $17.1 million, $0.3 million, and $38.8 million, respectively. The U.S. NOLs were acquired in connection with our acquisitions of Braun in fiscal 2005, Adeptra in fiscal 2012, Infoglide in fiscal 2013 and Quadmetrics in 2016. The U.S. federal NOL carryforward will expire at various dates beginning in fiscal 2020, if not utilized. The state NOL carryforward will begin to expire at various dates beginning in fiscal 2021, if not utilized. The $38.8 million of foreign NOL includes $24.2 million related to China. Due to a limited ability to utilize the China NOLs a full valuation allowance has been recorded on the China NOLs, resulting in no tax benefit. Utilization of the U.S. federal and state NOL are subject to an annual limitation due to the “change in ownership” provisions of the Internal Revenue Code of 1986, as amended, and similar state provisions. In fiscal 2016 and 2017 we generated excess foreign tax credits associated with dividends received from two of our foreign subsidiaries. The associated deferred tax asset of $9.6 million can be carried forward for up to 10 years. Management believes it is more likely than not that we will realize the benefit of this deferred tax asset and therefore no valuation allowance has been recorded to offset the future benefit of these credits. We also have available excess California state research credit of approximately $7.3 million. The California state research credit does not have an expiration date; however, based on enacted law and expected future cash taxes, we have recorded a valuation allowance of $7.3 million.

A reconciliation of the provision for income taxes, with the amount computed by applying the U.S. federal statutory income tax rate (35% in fiscal 2017, 2016 and 2015) to income before provision for income taxes for fiscal 2017, 2016 and 2015 is shown below:



	Year Ended September 30,
	2017			2016			2015
	(In thousands)
Income tax provision at U.S. federal statutory rate	$	52,963		$	50,599		$	38,233
State income taxes, net of U.S. federal benefit	2,193			2,244			1,719
Foreign tax rate differential	(1,761		)	(4,661		)	(5,279		)
Intercompany interest	(477		)	(1,223		)	(1,260		)
Research credits	(2,572		)	(4,398		)	(2,104		)
Domestic production deduction	(3,075		)	(3,726		)	(1,607		)
Amended Returns/Audit Settlements/Statute Expirations	(1,296		)	(248		)	(5,806		)
Foreign	744			(1,702		)	(3,109		)
Valuation allowance	2,512			1,262			1,805
Foreign tax credit	(1,342		)	(3,286		)	(1,296		)
Excess tax benefits relating to stock-based compensation	(24,746		)	—			—
Other	(75		)	260			1,440
Recorded income tax provision	$	23,068		$	35,121		$	22,736

The decrease in our income tax provision in fiscal 2017 compared to fiscal 2016 was due primarily to the adoption of ASU 2016-09 on October 1, 2016. We no longer record excess tax benefits as an increase to additional paid-in capital, but record such excess tax benefits on a prospective basis as a reduction of income tax expense.

The increase in our income tax provision in fiscal 2016 compared to fiscal 2015 was due primarily to the favorable settlement of the fiscal 2006-2009 state audits and the favorable settlement of the 2010 foreign transfer pricing assessment in fiscal 2015, partially offset by an increase in the foreign tax credit associated with the repatriation of income from the United Kingdom and Brazil and the Domestic Production Activities Deduction in fiscal 2016.

As of September 30, 2017, we have not made a provision for U.S. or additional foreign withholding taxes on approximately $47.0 million of the excess of the amount for financial reporting over the tax basis of investments in foreign subsidiaries. We intend to reinvest the earnings of non-U.S. subsidiaries in those operations indefinitely, except where we are able to repatriate these earnings to the United States without material incremental tax provision. The determination and estimation of the future income tax consequences in all relevant taxing jurisdictions involves the application of highly complex tax laws in the countries involved, particularly in the United States, and is based on our tax profile in the year of earnings repatriation. Accordingly, it is not practicable to estimate the amount of deferred tax liability related to investments in these foreign subsidiaries.

Unrecognized Tax Benefit for Uncertain Tax Positions

We conduct business globally and, as a result, file income tax returns in the U.S. federal jurisdiction and various state and foreign jurisdictions. In the normal course of business, we are subject to examination by taxing authorities. With a few exceptions, we are no longer subject to U.S. federal, state, local, or foreign income tax examinations for fiscal years prior to 2014. We are currently under audit by New York City for fiscal 2011, 2012 and 2013. We do not anticipate any adjustments related to those audits that will result in a material change to our consolidated financial statements.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:



	Year Ended September 30,
	2017			2016			2015
	(In thousands)
Gross unrecognized tax benefits at beginning of year	$	6,799		$	4,634		$	4,554
Gross increases for tax positions in prior years	57			1,004			1,725
Gross decreases for tax positions in prior years	(19		)	(117		)	(3		)
Gross increases based on tax positions related to the current year	1,291			1,310			582
Decreases for settlements and payments	(151		)	(32		)	(2,224		)
Decreases due to statue expiration	(1,497		)	—			—
Gross unrecognized tax benefits at end of year	$	6,480		$	6,799		$	4,634

We had $6.5 million of total unrecognized tax benefits as of September 30, 2017, including $5.8 million of tax benefits that, if recognized, would impact the effective tax rate. Although the timing and outcome of audit settlements are uncertain, it is unlikely there will be a reduction of the uncertain tax benefits in the next 12 months.

We recognize interest expense related to unrecognized tax benefits and penalties as part of the provision for income taxes in our consolidated statements of income and comprehensive income. We recognize interest earned related to income tax matters as interest income in our consolidated statements of income and comprehensive income. As of September 30, 2017, we have accrued interest of $0.4 million related to the unrecognized tax benefits.