Income Taxes

The components of the Company’s income (loss) from continuing operations before income taxes and equity in earnings of non-consolidated affiliates by taxing jurisdiction for the years ended December 31, were:



	2015			2014			2013
Income (Loss):
US	$	23,180		$	46,728		$	21,661
Non-US	(40,596		)	(31,619		)	(159,511		)
	$	(17,416	)	$	15,109		$	(137,850	)

The provision (benefit) for income taxes by taxing jurisdiction for the years ended December 31, were:



	2015			2014			2013
Current tax provision
US federal	$	—		$	—		$	—
US state and local	1,375			907			213
Non-US	2,465			552			847
	3,840			1,459			1,060
Deferred tax provision (benefit):
US federal	6,944			13,402			7,505
US state and local	3,195			1,971			1,027
Non-US	(8,315		)	(4,410		)	(13,959		)
	1,824			10,963			(5,427		)
Income tax provision (benefit)	$	5,664		$	12,422		$	(4,367	)

A reconciliation of income tax expense (benefit) using the statutory Canadian federal and provincial income tax rate compared with actual income tax expense for the years ended December 31, is as follows:



	2015			2014			2013
Income (loss) from continuing operations before income taxes, equity in non-consolidated affiliates and noncontrolling interest	$	(17,416	)	$	15,109		$	(137,850	)
Statutory income tax rate	26.5		%	26.5		%	26.5		%
Tax expense (benefit) using statutory income tax rate	(4,615		)	4,004			(36,530		)
State and foreign taxes	3,524			1,459			1,060
Non-deductible stock-based compensation	3,354			1,982			24,357
Other non-deductible expense	(2,102		)	2,151			942
Change to valuation allowance on items affecting taxable income	5,468			2,003			6,952
Effect of the difference in federal and statutory rates	1,906			2,222			(15		)
Noncontrolling interests	(2,399		)	(1,826		)	(1,712		)
Other, net	528			427			579
Income tax expense (benefit)	$	5,664		$	12,422		$	(4,367	)
Effective income tax rate	(32.5		)%	82.2		%	(3.2		)%

The 2015 effective income tax rate was significantly higher than the statutory rate due primarily to non-deductible stock-based compensation of $3,354, and an increase in the valuation allowance of $5,468 and the effect of the difference in the US and foreign federal rates and the Canadian statutory rate of $1,906.

The 2014 effective income tax rate was significantly higher than the statutory rate due primarily to non-deductible stock-based compensation of $1,982 and an increase in the valuation allowance of $2,003 and the effect of the difference in the US and foreign federal rates and the Canadian statutory rate of $2,222.

The 2013 effective income tax rate was significantly higher than the statutory rate due primarily to non-deductible stock-based compensation of $24,357 and an increase in the valuation allowance of $6,952.

Income taxes receivable were $615 and $235 at December 31, 2015 and 2014, respectively, and were included in other current assets on the balance sheet. Income taxes payable were $7,019 and $5,368 at December 31, 2015 and 2014, respectively, and were included in accrued and other liabilities on the balance sheet. It is the Company’s policy to classify interest and penalties arising in connection with the under payment of income taxes as a component of income tax expense.

The tax effects of significant temporary differences representing deferred tax assets and liabilities at December 31, were as follows:



	2015			2014
Deferred tax assets:
Capital assets and other	$	43,031		$	45,496
Net operating loss carry forwards	37,490			39,525
Interest deductions	17,347			17,456
Refinancing charge	144			5,176
Deferred acquisition consideration	16,197			5,204
Stock compensation	3,033			1,561
Pension plan	3,770			3,597
Unrealized foreign exchange	15,548			6,954
Capital loss carry forwards	10,630			14,834
Accounting reserves	6,700			5,135
Gross deferred tax asset	153,890			144,938
Less: valuation allowance	(124,143		)	(119,117		)
Net deferred tax assets	29,747			25,821
Deferred tax liabilities:
Deferred finance charges	(323		)	(386		)
Capital assets and other	(797		)	(396		)
Goodwill amortization	(91,724		)	(77,603		)
Total deferred tax liabilities	(92,844		)	(78,385		)
Net deferred tax asset (liability)	$	(63,097	)	$	(52,564	)
Disclosed as:
Deferred tax assets	$	29,747		$	25,480
Deferred tax liabilities	(92,844		)	(78,044		)
	$	(63,097	)	$	(52,564	)

Included in accrued and other liabilities at December 31, 2015 and 2014 was a deferred tax liability of $263 and $47, respectively. Included in other current assets at December 31, 2015 and 2014 was a deferred tax asset of $14,380 and $6,722, respectively.

The Company has US federal net operating loss carry forwards of $41,187 and non-US net operating loss carry forwards of $71,111. These carry forwards expire in years 2016 through 2031. The Company also has total indefinite loss carry forwards of $115,946. These indefinite loss carry forwards consist of $35,723 relating to the US and $80,223 which are related to capital losses from the Canadian operations. In addition, the Company has net operating loss carry forwards for various state taxing jurisdictions of approximately $182,738.

The Company records a valuation allowance against deferred income tax assets when management believes it is more likely than not that some portion or all of the deferred income tax assets will not be realized. Management considers factors such as the reversal of deferred income tax liabilities, projected future taxable income, the character of the income tax asset; tax planning strategies, changes in tax laws and other factors. A change to these factors could impact the estimated valuation allowance and income tax expense.

The valuation allowance has been recorded to reduce our deferred tax asset to an amount that is more likely than not to be realized, and is based upon the uncertainty of the realization of certain US, non-US and state deferred tax assets. The increase in the Company’s valuation allowance charged to the statement of operations for each of the years ended December 31, 2015, 2014 and 2013 was $5,468, $2,003 and $6,952, respectively. In addition, a benefit of $1,112 and an expense of $1,112 has been recorded in accumulated other comprehensive loss relating to the defined pension plan, for the years ended December 31, 2014 and 2013, respectively. There was no benefit or expense related to the defined pension plan recorded in 2015.

Deferred taxes are not provided for temporary differences representing earnings of subsidiaries that are intended to be permanently reinvested. The potential deferred tax liability associated with these undistributed earnings is not material.

As of December 31, 2015 and 2014, the Company recorded a liability for unrecognized tax benefits as well as applicable penalties and interest in the amount of $4,200 and $4,166. As of December 31, 2015 and 2014, accrued penalties and interest included in unrecognized tax benefits were approximately $595 and $1,093. The Company identified an uncertainty relating to the future tax deductibility of certain intercompany fees. To the extent that such future benefit will be established, the resolution of this position will have no effect with respect to the financial statements. If these unrecognized tax benefits were to be recognized, it would affect the Company's effective tax rate.



Changes in the Company’s reserve is as follows:
Balance at December 31, 2012	$	3,073
Charges to income tax expense	—
Balance at December 31, 2013	3,073
Charges to income tax expense	—
Balance at December 31, 2014	3,073
Charges to income tax expense	960
Settlement of uncertainty	(428		)
Balance at December 31, 2015	$	3,605

The Company does not expect its unrecognized tax benefits to change significantly over the next 12 months.

The Company has completed US federal tax audits through 2010 and has completed a non-US tax audit through 2009.