XML 120 R20.htm IDEA: XBRL DOCUMENT v2.4.0.6
Income Taxes
12 Months Ended
Dec. 31, 2011
Income Tax Disclosure [Abstract]  
Income Taxes
INCOME TAXES
Income before income taxes included the following components (in thousands):
 
Year Ended December 31,
 
2011
 
2010
 
2009
U.S.
$
14,189

 
$
6,930

 
$
10,544

Foreign
108,676

 
45,292

 
17,117

Total
$
122,865

 
$
52,222

 
$
27,661


Income tax expense (benefit) consisted of the following (in thousands):
 
Year Ended December 31,
 
2011
 
2010
 
2009
Current:
 
 
 
 
 
Federal
$
7,767

 
$
5,303

 
$

State
395

 
551

 
483

Foreign
18,559

 
2,415

 
6,914

Total current income tax expense
26,721

 
8,269

 
7,397

U.S. deferred benefit
(6,266
)
 
(9,001
)
 

Foreign deferred benefit
(1,227
)
 
(594
)
 
(2,380
)
Income tax expense (benefit)
$
19,228

 
$
(1,326
)
 
$
5,017


The effective income tax rate applied to net income varied from the U.S. federal statutory rate due to the following (in thousands):
 
Year Ended December 31,
 
2011
 
2010
 
2009
Tax expense at U.S. federal statutory rates
$
43,003

 
$
18,278

 
$
9,681

Increase (decrease) resulting from:
 
 
 
 
 
State income taxes, net of federal benefit
723

 
551

 
890

Foreign tax benefit
(20,515
)
 
(3,859
)
 
(1,466
)
Research and experimentation benefit
(2,908
)
 
(1,065
)
 
(1,225
)
Foreign tax credit benefit
(4,465
)
 

 

Tax audit settlements and lapses of statutes of limitations
(509
)
 
1,097

 
(1,328
)
Stock compensation
1,683

 
1,565

 
465

Non-deductible items
1,597

 
2,788

 
1,250

Release of valuation allowance

 
(20,400
)
 
(3,886
)
Other
619

 
(281
)
 
636

Income tax expense (benefit)
$
19,228

 
$
(1,326
)
 
$
5,017


Our 2011 tax expense reflected taxes accrued in the U.S. and foreign jurisdictions, and included a $12.4 million benefit relating to an agreement with The Netherlands to tax profits from intellectual property at a reduced rate. This benefit was partially offset by an increase of unrecognized tax benefits for positions taken on current and prior year returns.
Our income tax benefit of approximately $1.3 million in 2010 primarily resulted from benefits related to the release of valuation allowance recorded against U.S. deferred tax assets and liabilities for unrecognized tax benefits, offset by taxes accrued in both the U.S. and foreign tax jurisdictions. As a result of a mutual agreement between the U.S. and The Netherlands taxing authorities regarding various transfer pricing issues related to our operations, during the second quarter of 2010, we released valuation allowance and tax reserves of $47.9 million, of which $12.5 million was recorded as a benefit to shareholder’s equity. The remaining $35.4 million of tax benefit was offset by tax expense of $18.1 million to recognize the impact of our new transfer pricing methodology in prior periods.
Our tax expense in 2009 primarily reflected taxes on foreign earnings, offset by the release of valuation allowance recorded against net operating loss deferred tax assets utilized to offset income earned in the U.S.
Current taxes payable were reduced for tax benefits recorded to common stock and related to stock compensation of $2.9 million, $12.1 million and zero, respectively, in 2011, 2010 and 2009.
Deferred Income Taxes
Net deferred tax assets were classified on the balance sheet as follows (in thousands):
 
December 31,
 
2011
 
2010
Deferred tax assets – current
$
18,899

 
$
11,505

Deferred tax assets – non-current
934

 
1,072

Other current liabilities
(18
)
 
(64
)
Deferred tax liabilities – non-current
(6,607
)
 
(4,106
)
Net deferred tax assets
$
13,208

 
$
8,407

Valuation allowance
$
2,216

 
$
2,123


The tax effects of temporary differences that gave rise to significant portions of deferred tax assets and deferred tax liabilities were as follows (in thousands):
 
December 31,
 
2011
 
2010
Deferred tax assets:
 
 
 
Accrued liabilities and reserves
$
16,254

 
$
11,832

Revenue recognition
4,284

 
4,096

Tax credit and loss carryforwards
3,295

 
1,971

Fixed assets and intangibles
392

 
499

Unrealized investment
4,618

 
1,471

Stock compensation
1,718

 
2,807

Other assets
1,635

 
1,584

Gross deferred tax assets
32,196

 
24,260

Valuation allowance
(2,216
)
 
(2,123
)
Net deferred tax assets
29,980

 
22,137

Deferred tax liabilities:
 
 
 
Fixed assets and intangibles
(8,245
)
 
(5,589
)
Revenue recognition
(4,882
)
 
(4,053
)
Other liabilities
(3,645
)
 
(4,088
)
Total deferred tax liabilities
(16,772
)
 
(13,730
)
Net deferred tax assets
$
13,208

 
$
8,407


Deferred tax (benefit) expense of ($3.0) million, $0.4 million and $0.1 million was recorded in other comprehensive income in 2011, 2010 and 2009, respectively.
As of December 31, 2011 and 2010, our valuation allowance on deferred tax assets totaled $2.2 million and $2.1 million, respectively. In assessing the realizability of deferred tax assets, we utilize a more likely than not standard. If it is determined that it is “more likely than not” that deferred tax assets will not be realized, a valuation allowance must be established against the deferred tax assets. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which the associated temporary differences become deductible. We consider the scheduled reversal of deferred tax liabilities, historical operating performance, projected future taxable income and tax planning strategies in making this assessment.
Research and development tax credit carryforwards as of December 31, 2011 were $2.2 million and expire between 2012 and 2016. Alternative minimum tax credit carryforwards as of December 31, 2011 were $0.7 million and do not expire.
As of December 31, 2011, U.S. income taxes have not been provided for approximately $166.9 million of cumulative undistributed earnings of several non-U.S. subsidiaries, as our current intention is to reinvest these earnings indefinitely outside the U.S. Foreign tax provisions have been provided for these cumulative undistributed earnings. Upon distribution of those earnings in the form of dividends or otherwise, we would be subject to both U.S. income taxes (subject to an adjustment for foreign tax credits) and withholding taxes payable to the various foreign countries. Similarly, we have not provided deferred taxes on the cumulative translation adjustment related to those non-U.S. subsidiaries.
Unrecognized Tax Benefits and Other Tax Contingencies
A rollforward of our unrecognized tax benefits was as follows (in thousands):
 
Year Ended December 31,
 
2011
 
2010
 
2009
Unrecognized tax benefits, beginning of period
$
7,156

 
$
20,150

 
$
18,367

Increases for tax positions taken in current period
542

 
4,461

 
2,648

Increases for tax positions taken in prior periods
10,502

 
663

 
846

Decreases for tax positions taken in prior periods
(1,723
)
 

 
(383
)
Decreases for lapses in statutes of limitations
(436
)
 
(1,548
)
 
(398
)
Decreases for settlements with taxing authorities

 
(16,570
)
 
(930
)
Unrecognized tax benefits, end of period
$
16,041

 
$
7,156

 
$
20,150


The increase in unrecognized tax benefits in 2011 was primarily due to uncertainty surrounding various tax credits.
The decrease for settlements with taxing authorities in 2010 primarily related to receiving confirmation that the U.S. and The Netherlands taxing authorities had entered into a mutual agreement on various transfer pricing issues related to our operations.
Current and non-current liability components of unrecognized tax benefits were classified on the balance sheet as follows (in thousands):
 
December 31,
 
2011
 
2010
Other current liabilities
$
258

 
$
639

Other liabilities
8,335

 
6,517

Unrecognized tax benefits recorded in liabilities
$
8,593

 
$
7,156


The entire balance of unrecognized tax benefits, if recognized, would reduce our effective tax rate. We believe it is reasonably possible that our unrecognized tax benefits could decrease, in the next 12 months, between zero and $0.3 million due to lapses of statutes of limitations and as the result of settlements with taxing authorities.
We recognize interest and penalties related to unrecognized tax benefits in income tax expense. The liability for unrecognized tax benefits included accruals for interest and penalties of $1.4 million and $1.2 million as of December 31, 2011 and 2010, respectively.
Tax expense included the following relating to interest and penalties (in thousands):
 
Year Ended December 31,
 
2011
 
2010
 
2009
Benefit for lapses of statutes of limitations and settlement with taxing authorities
$
(124
)
 
$
(1,583
)
 
$
(433
)
Accruals for current and prior periods
293

 
626

 
944

Total interest and penalties
$
169

 
$
(957
)
 
$
511


For our major tax jurisdictions, the following years were open for examination by the tax authorities as of December 31, 2011:
Jurisdiction
 
Open Tax Years
U.S.
 
2007 and forward
The Netherlands
 
2006 and forward
Czech Republic
 
2009 and forward