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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes

7. Income Taxes

The following tables present components of income tax expense/(benefit) and income before income taxes on continuing operations:

(in thousands)  2016  2015  2014
      
Income tax based on income from continuing operations, at estimated tax rates of 35%, 32%, and 34%, respectively  $27,629   $16,388   $25,703 
Pension plan settlements  -   -   (3,194)
Income tax before discrete items  27,629   16,388   22,509 
             
Discrete tax expense/(benefit):            
  Worthless Stock deduction  -   (28,553)  - 
  Repatriation of non-U.S. prior years' earnings  -   -   2,210 
  Provision for/resolution of tax audits and contingencies, net  (2,856)  6,500   744 
  Adjustments to prior period tax liabilities  769   (867)  397 
  Provision for/adjustment to beginning of year valuation allowances  (88)  75   (109)
  Enacted tax legislation  -   670   - 
Total income tax expense/(benefit)  $25,454   ($5,787)  $25,751 

 

(in thousands)  2016  2015  2014
Income/(loss) before income taxes:     
  U.S.  $8,556   ($7,211)  $4,993 
  Non-U.S.  69,710   58,689   62,507 
   $78,266   $51,478   $67,500 
             
Income tax provision:            
             
  Current:            
    Federal  $3,728   $-   $1,874 
    State  176   1,993   1,102 
    Non-U.S.  19,979   20,842   17,474 
   $23,883   $22,835   $20,450 
             
  Deferred:            
    Federal  $2,138   ($34,135)  ($1,707)
    State  1,984   (40)  (495)
    Non-U.S.  (2,551)  5,553   7,503 
   $1,571   ($28,622)  $5,301 
             
Total income tax expense/(benefit)  $25,454   ($5,787)  $25,751 

 

The significant components of deferred income tax expense/(benefit) are as follows:

(in thousands)  2016  2015  2014
Net effect of temporary differences  $7,214   ($7,615)  ($1,667)
Foreign tax credits  (6,869)  (17,874)  (481)
Retirement benefits  1,734   1,844   1,438 
Net impact to operating loss carryforwards  (603)  (5,722)  6,120 
Enacted changes in tax laws and rates  183   670   - 
Adjustments to beginning-of-the-year valuation        
  allowance balance for changes in circumstances  (88)  75   (109)
             
Total  $1,571   ($28,622)  $5,301 

A reconciliation of the U.S. federal statutory tax rate to the Company’s effective income tax rate is as follows:

   2016  2015  2014
U.S. federal statutory tax rate  35.0%  35.0%  35.0%
State taxes, net of federal benefit  2.3   2.4   1.7 
Non-U.S. local income taxes  3.5   4.1   4.0 
Foreign adjustments  1.6   7.4   3.7 
Foreign rate differential  (11.3)  (13.6)  (13.9)
Net U.S. tax on non-U.S. earnings and foreign withholdings  5.8   (1.8)  8.0 
Provision for/resolution of tax audits and contingencies, net  (3.4)  12.6   1.0 
Research and development and other tax credits  (1.2)  (2.4)  (1.6)
Adjustment to beginning of year valuation allowances  (0.1)  0.1   (0.2)
Worthless stock deduction  -   (55.5)  - 
Other  0.3   0.5   0.4 
Effective income tax rate  32.5%  (11.2)%  38.1%

 

The Company has operations which constitute a taxable presence in 18 countries outside of the United States. All of these countries had income tax rates that were at or below the United States’ federal tax rate of 35% during the periods reported. The jurisdictional location of earnings is a significant component of our effective tax rate each year. The rate impact of this component is influenced by the specific location of non-U.S. earnings and the level of our total earnings. From period to period, the jurisdictional mix of earnings can vary as a result of operating fluctuations in the normal course of business, as well as the extent and location of other income and expense items, such as pension settlement and restructuring charges. The foreign income tax rate differential that is included above in the reconciliation of the effective tax rate includes the difference between tax expense calculated at the U.S. federal statutory tax rate of 35% and the expense accrued based on lower statutory tax rates that apply in the jurisdictions where the income or loss is earned.

During the periods reported, income outside of the U.S. was heavily concentrated within Brazil, China, (both with 25% tax rates), Mexico (30% tax rate) and Switzerland (8% tax rate). As a result, the foreign income tax rate differential was primarily attributable to these tax rate differences.

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of certain assets and liabilities for financial reporting and income tax return purposes. Significant components of the Company’s deferred tax assets and liabilities are as follows:

   U.S.    Non-U.S. 
   2016  2015  2016  2015
(in thousands)       
        
Noncurrent deferred tax assets:                
  Accounts receivable  $1,155   $1,392   $1,381   $1,304 
  Inventories  1,193   897   1,868   1,750 
  Deferred compensation  7,533   6,714   -   - 
  Depreciation and amortization  2,786   10,323   5,030   4,882 
  Postretirement benefits  26,602   26,475   3,478   4,138 
  Tax loss carryforwards  1,760   2,682   26,084   27,134 
  Tax credit carryforwards  50,624   42,851   1,186   1,740 
  Other  7,828   10,222   2,876   3,503 
Noncurrent deferred tax assets                
  before valuation allowance  99,481   101,556   41,903   44,451 
                 
Less: valuation allowance  -   -   (22,821)  (24,439)
Total noncurrent deferred tax assets  99,481   101,556   19,082   20,012 
                 
Total deferred tax assets  $99,481   $101,556   $19,082   $20,012 
                 
Noncurrent deferred tax liabilities:                
  Unrepatriated foreign earnings  $1,602   $1,157   $-   $- 
  Depreciation and amortization  43,156   10,309   2,466   3,174 
  Postretirement benefits  -   -   1,411   2,003 
  Deferred gain  7,156   7,559   -   - 
  Branch losses subject to recapture  -   -   -   918 
  Other  2,198   -   2,897   3,245 
Total deferred tax liabilities  $54,112   19,025   $6,774   9,340 
                 
Net deferred tax asset  $45,369   $82,531   $12,308   $10,672 

 

Deferred income tax assets, net of valuation allowances, are expected to be realized through the reversal of existing taxable temporary differences and future taxable income. In 2016, the Company recorded the following decreases in its valuation allowance: $0.9 million due to a net reduction in the related deferred tax assets, $0.3 million due to the elimination of previously recorded valuation allowances, and $0.4 million due to the effect of changes in currency translation rates.

At December 31, 2016, the Company had available approximately $143 million of net operating loss carryforwards, for which we have a deferred tax asset of $27.8 million, with expiration dates ranging from one year to indefinite, that may be applied against future taxable income. We believe that it is more likely than not that certain benefits from these net operating loss carryforwards will not be realized and, accordingly, we have recorded a valuation allowance of $19.7 million as of December 31, 2016. Included in the net operating loss carryforwards is approximately $23.0 million of state net operating loss carryforwards that are subject to various business apportionment factors and multiple jurisdictional requirements when utilized. In addition, the Company had available a foreign tax credit carryforward of $41.4 million that will begin to expire in 2020, U.S. and non-U.S. research and development credit carryforwards of $7.9 million, and $1.2 million, respectively, that will begin to expire in 2025, and alternative minimum tax credit carryforwards of $1.2 million with no expiration date.

The Company reported a U.S. net deferred tax asset of $45.4 million at December 31, 2016, which contained $52.4 million of tax attributes with limited lives. Although the Company is in a cumulative book income position over the evaluation period (three-year period ending December 31, 2016), management has evaluated its ability to utilize these tax attributes during the carryforward period. The Company’s future profits from operations, available tax elections and tax planning opportunities, coupled with the repatriation of non-U.S. earnings will

generate income of sufficient character to utilize the remaining tax attributes. Accordingly, no valuation allowance has been established for the remaining U.S. net deferred tax assets.

The Company records the residual U.S. and foreign taxes on certain amounts of foreign earnings that have been targeted for repatriation to the U.S. These amounts are not considered to be permanently reinvested, and the Company accrued for the tax cost on these earnings to the extent they cannot be repatriated in a tax-free manner.

At December 31, 2016 the Company reported a deferred tax liability of $1.6 million on $24.9 million of non-U.S. earnings that have been targeted for future repatriation to the U.S. Included in these amounts are $1.1 million of tax expense on approximately $14.6 million of foreign earnings that were generated in 2016.

The accumulated undistributed earnings of the Company’s foreign operations not targeted for repatriation to the U.S. were approximately $164.0 million, and are intended to remain permanently invested in foreign operations. Accordingly, no taxes have been provided on these earnings at December 31, 2016. If these earnings were distributed, the Company would be subject to both foreign withholding taxes and U.S. income taxes that may not be fully offset by foreign tax credits. Determination of the amount of any unrecognized deferred tax liability on these earnings is not practicable because of the complexities of the hypothetical calculation.

The following table provides a reconciliation of the beginning and ending amount of unrecognized tax benefits, all of which, if recognized, would impact the effective tax rate.

(in thousands)  2016  2015  2014
      
Unrecognized tax benefits balance at January 1  $19,606   $19,509   $12,538 
             
Increase in gross amounts of tax positions related to prior years  62   2,315   14,699 
             
Decrease in gross amounts of tax positions related to prior years  (2,129)  (145)  (67)
             
Increase in gross amounts of tax positions related to current year  585   79   1,077 
             
Decrease due to settlements with tax authorities  (14,029)  (42)  (32)
             
Decrease due to lapse in statute of limitations  (163)  (90)  (6,775)
             
Currency translation  251   (2,020)  (1,931)
             
Unrecognized tax benefits balance at December 31  $4,183   $19,606   $19,509 

 

The Company recognizes interest and penalties related to unrecognized tax benefits within its global operations as a component of income tax expense. The Company recognized (income)/expense for interest and penalties related to the unrecognized tax benefits noted above of ($0.1) million, ($0.1) million and $1.0 million in the Consolidated Statements of Income in 2016, 2015 and 2014, respectively. As of December 31, 2016, 2015 and 2014, the Company had approximately $0.3 million, $0.4 million, and $0.4 million respectively, of accrued interest and penalties related to unrecognized tax benefits.

The Company conducts business globally and, as a result, files income tax returns in the U.S. federal jurisdiction and various state and foreign jurisdictions. In the normal course of business the Company is subject to examination by taxing authorities throughout the world, including major jurisdictions such as the United States, Brazil, Canada, France, Germany, Italy, Mexico, and Switzerland. The open tax years in these jurisdictions range from 2007 to 2016. The Company is currently under audit in non-U.S. tax jurisdictions, including but not limited to Canada, France, and Italy.

It is reasonably possible that over the next twelve months the amount of unrecognized tax benefits may change within a range of a net increase of less than $0.1 million to a net decrease of $0.6 million, from the reevaluation of uncertain tax positions arising in examinations, in appeals, or in the courts, or from the closure of tax statutes.

In the first quarter of 2016, the Company reached a settlement with the German tax authorities over matters that had been outstanding for a number of years. The German Tax Authority had denied tax positions taken by the Company related to a 1999 reorganization. In 2009, the Company made a payment of $14.5 million in order to appeal the German Tax Authority decision, and that payment was recorded as an income tax receivable. As additional information became available in subsequent years, the receivable was written down by $6.3 million in 2014 and $6.4 million in 2015. In 2016, the Company received $3.7 million representing the final settlement of this matter, which resulted in the recognition of a discrete tax benefit.

As of December 31, 2016 and 2015, current income taxes prepaid and receivable consisted of the following:

(in thousands)    2016    2015  
Prepaid taxes  $3,914   $2,417 
Taxes receivable  1,299   510 
Total current income taxes prepaid and receivable  $5,213   $2,927 

 

As of December 31, 2016 and 2015, noncurrent income taxes receivable and deferred consisted of the following:

(in thousands)    2016    2015  
Deferred income taxes  $68,865   $105,792 
Taxes receivable  -   3,153 
Total noncurrent income taxes receivable and deferred  $68,865   $108,945 

 

As of December 31, 2016 and 2015, current income taxes payable consisted of the following:

(in thousands)    2016    2015  
Taxes Payable  $9,531   $7,090 
Total current income taxes payable  $9,531   $7,090 

 

As of December 31, 2016 and 2015, noncurrent deferred taxes and other liabilities consisted of the following:

(in thousands)    2016    2015  
Deferred income taxes  $11,188   $12,589 
Other liabilities  1,201   1,565 
Total noncurrent deferred taxes and other liabilities  $12,389   $14,154 

 

Taxes paid, net of refunds, amounted to $23.4 million in 2016, $18.3 million in 2015, and $17.6 million in 2014.