Income Taxes:

12 Months Ended

Dec. 31, 2022

Income Tax Disclosure [Abstract]

Income Tax Disclosure [Text Block]

INCOME TAXES

Income from continuing operations before taxes consisted of the following (in thousands): 

	Year Ended December 31,
	2022		2021		2020
United States	$	(135,646)	$	81,484	$	41,194
Foreign	21,237		41,702		56,300
	$	(114,409)	$	123,186	$	97,494

The provision (benefit) for income taxes consisted of the following (in thousands):

	Year Ended December 31,
	2022		2021		2020
Current:
Federal	$	4,128	$	20,646	$	6,032
State	3,799		3,444		2,422
Foreign	12,924		7,236		7,290
	$	20,851	$	31,326	$	15,744
Deferred:
Federal	$	(42,012)	$	(8,154)	$	(5,319)
State	(11,239)		(1,815)		(1,850)
Foreign	(7,723)		(1,306)		2,049
	(60,974)		(11,275)		(5,120)
	$	(40,123)	$	20,051	$	10,624

We have accrued for tax contingencies for potential tax assessments, and in 2022 we recognized a $2.0 million net increase, most of which related to various federal, state and foreign tax reserves.

A reconciliation of the provision for income taxes at the statutory rate to our effective tax rate is as follows (dollars in thousands):

	Year Ended December 31,
	2022				2021				2020
	Amount		Percent		Amount		Percent		Amount		Percent
Federal tax at the expected statutory rate	$	(24,026)	21.0	%	$	25,869	21.0	%	$	20,474	21.0	%
State income tax, net of federal effect	(5,050)		4.4	%	2,907		2.4	%	2,099		2.2	%
Tax credits	(3,636)		3.2	%	(2,443)		(2.0)	%	(3,269)		(3.4)	%
Global intangible low-taxed income	2,303		(2.0)	%	711		0.6	%	163		0.2	%
Foreign income tax differential	(2,943)		2.5	%	(2,983)		(2.4)	%	(3,888)		(4.0)	%
Stock-based compensation	(3,721)		3.2	%	(4,263)		(3.5)	%	(4,686)		(4.8)	%
Foreign-derived intangible income	(2,269)		2.0	%	(3,775)		(3.1)	%	(2,718)		(2.8)	%
Transaction cost	2,299		(2.0)	%	—		—	%	—		—	%
Contingent consideration	(6,830)		6.0	%	(29)		—	%	1,566		1.6	%
Section 162(m)	3,942		(3.4)	%	1,812		1.5	%	1,079		1.1	%
Other	(192)		0.2	%	2,245		1.8	%	(196)		(0.2)	%
	$	(40,123)	35.1	%	$	20,051	16.3	%	$	10,624	10.9	%

Tax credits in 2022, 2021 and 2020 consist principally of research and developmental tax credits. 

The components of our deferred income tax assets (liabilities) are as follows (in thousands):

	As of December 31,
	2022		2021
Deferred tax asset:
Accruals/other	$	17,351	$	7,796
Acquired future tax deductions	14,186		5,440
Stock-based compensation	6,240		7,283
Foreign currency translation adjustments	—		3,360
Tax credits	12,906		11,953
Inventory reserves	25,100		8,199
Warranty reserve	13,241		127
Section 163(j)	9,166		—
Chargebacks, discounts, customer concessions	39,508		27,970
Valuation allowance	(11,166)		(2,934)
	$	126,532	$	69,194
Deferred tax liability:
State income taxes	$	1,816	$	2,724
Depreciation and amortization	209,687		20,483
Section 481(a) adjustment - change in accounting method	—		4,873
Foreign currency translation adjustments	9,581		—
	$	221,084	$	28,080
Deferred tax (liability) asset, net	$	(94,552)	$	41,114

Tax Holidays and Carryforwards

Net operating loss ("NOL") carryforwards consist of: (a) federal NOL carryforwards of $1.9 million which will expire at various dates from 2023 to indefinite carryforward periods, (b) state NOL carryforwards of $4.3 million which will expire at various dates from 2026 to indefinite carryforward periods and (c) foreign NOL carryforwards of $46.3 million which will expire at various dates from 2023 to indefinite carryforward periods. We believe that it is more likely than not that the benefit

from certain foreign NOL carryforwards will not be realized. In recognition of this risk, we have provided a valuation allowance of $11.5 million on the $12.7 million DTAs related to these foreign NOL carryforwards. Under Section 382 of the Internal Revenue Code, certain ownership changes limit the utilization of the NOL carryforwards, and the amount of federal NOL carryforwards recorded is the net federal benefit available.

Other carryforwards include state research and development (“R&D”) tax credit carryforwards of $18.5 million, which have an indefinite carryforward period.

A substantial portion of our manufacturing operations in Costa Rica operate under various tax holiday and tax incentive programs due to expire in whole or in part in 2029. Certain of the holidays may be extended if specific conditions are met. The net impact of these tax holiday and tax incentives was an increase to our net earnings by $8.1 million or $0.34 per diluted share in 2022 and by $9.8 million or $0.45 per diluted share in 2021.

Foreign currency translation adjustments, and related tax effects, are an element of “other comprehensive income” and are not included in net income other than the revaluation of the associated deferred tax asset due to the Tax Act.

As of December 31, 2022, we have estimated $209.2 million of undistributed foreign earnings and profits. Such earnings were previously subject to U.S. tax as a result of the Tax Act and much of any future remittances would generally be subject to no U.S. tax as a result of dividends received deductions and/or foreign tax credit relief. We intend to invest substantially all of our foreign subsidiary earnings, as well as our capital in our foreign subsidiaries, indefinitely outside of the U.S. in those jurisdictions in which we incur significant additional costs upon repatriation of such amounts.

We are subject to taxation in the U.S. and various states and foreign jurisdictions. Our U.S. federal income tax returns for tax years 2019 and forward are subject to examination by the Internal Revenue Service. Our principal state income tax returns for tax years 2012 and forward are subject to examination by the state tax authorities. The total gross amount of unrecognized tax benefits as of December 31, 2022 was $54.1 million which, if recognized, would impact the effective tax rate. We believe that adequate provision has been made for any adjustments that may result from tax examinations. However, the outcome of tax examinations cannot be predicted with certainty. As of December 31, 2022, it is reasonably possible that the expiration of the U.S. federal statute of limitations will cause the gross amount of unrecognized tax benefits to decrease by $7.8 million. It is not possible to estimate any other amount of change, if any, in the unrecognized tax benefits that is reasonably possible within the next twelve months. We recognize accrued interest and penalties related to unrecognized tax benefits as a component of income tax expense. We have accrued for penalties and interest of $2.3 million and $2.2 million, respectively as of December 31, 2022.

The following table summarizes our cumulative gross unrecognized tax benefits (in thousands): 

	Year Ended December 31,
	2022		2021		2020
Beginning balance	$	21,537	$	18,443	$	15,027
Increases to prior year tax positions	148		231		502
Increases due to acquisitions	29,606		—		—
Increases to current year tax positions	4,706		3,242		2,987
Decreases to prior year tax positions	(222)		—		(15)
Decrease related to lapse of statute of limitations	(1,722)		(31)		(58)
Decrease related to settlements with tax authorities	—		(348)		—
Ending balance	$	54,053	$	21,537	$	18,443