XML 71 R19.htm IDEA: XBRL DOCUMENT v2.4.0.8
INCOME TAXES
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract]  
Income Taxes
INCOME TAXES
The components of loss before income taxes for the years ended December 31, 2013, 2012 and 2011 are as follows (in thousands):
 
Years Ended December 31,
 
2013
 
2012
 
2011
Domestic loss
$
(21,743
)
 
$
(20,522
)
 
$
(17,052
)
Foreign income
10,226

 
1,687

 
772

Loss before income taxes
$
(11,517
)
 
$
(18,835
)
 
$
(16,280
)


The provision for (benefit from) income taxes for the years ended December 31, 2013, 2012 and 2011 consists of the following (in thousands):
 
Years Ended December 31,
 
2013
 
2012
 
2011
Current:
 
 
 
 
 
  Federal
$
(466
)
 
$
(251
)
 
$
16

  State
52

 
3

 
4

  Foreign
(125
)
 
254

 
(1,949
)
Total current
(539
)
 
6

 
(1,929
)
Deferred:
 
 
 
 
 
  Federal

 

 

  State

 

 

  Foreign
(3
)
 
478

 
3,599

Total deferred
(3
)
 
478

 
3,599

Provisions for (benefits from) income taxes
$
(542
)
 
$
484

 
$
1,670



The provision for (benefit from) income taxes reconciles to the amount computed by multiplying loss before income taxes by the U.S. statutory rate of 35 percent as follows (in thousands):
 
Years Ended December 31,
 
2013
 
2012
 
2011
Benefits at statutory rate
$
(4,031
)
 
$
(6,593
)
 
$
(5,691
)
Deferred tax asset valuation allowance
5,256

 
4,238

 
5,169

Foreign earnings taxed at U.S. rates
1,966

 
3,533

 
291

Foreign earnings taxed at different rates
(3,315
)
 
417

 
4,531

State taxes, net of federal benefit
34

 
2

 
2

Nondeductible stock option expense
322

 
365

 
507

Uncertain tax position reserve release
(579
)
 
(511
)
 
(3,151
)
Foreign tax credits

 
(1,147
)
 
(144
)
Other
(195
)
 
180

 
156

Provision for income taxes
$
(542
)
 
$
484

 
$
1,670



Deferred tax assets as of December 31, 2013 and 2012 are comprised of the following (in thousands):
 
December 31,
 
2013
 
2012
Net operating loss carryforwards
$
164,105

 
$
159,859

Reserves not currently deductible
7,367

 
7,919

Tax credit carryforwards
849

 
2,043

Depreciation
6,663

 
3,866

Deferred revenue
1,974

 
927

Other
611

 
770

   Total deferred tax asset
181,569

 
175,384

Valuation allowance
(181,499
)
 
(175,300
)
Net deferred tax asset
70

 
84

Deferred tax liability
(49
)
 
(562
)
Net deferred tax asset (liability)
$
21

 
$
(478
)


The valuation allowance as of December 31, 2013 and 2012 is against all deferred tax assets for all jurisdictions except Korea. Our valuation allowance was determined in accordance with the applicable authoritative guidance, which requires an assessment of both positive and negative evidence when determining whether it is more likely than not that deferred assets are recoverable, with such assessment being required on a jurisdiction-by-jurisdiction basis. In assessing the need for a valuation allowance in the current year, management considered historical levels of income and losses, expectations and risks associated with estimate of future taxable income and ongoing prudent and feasible tax planning strategies. Factors considered in providing a valuation allowance include the lack of a significant history of consistent profits, the cyclical nature of the overall semiconductor market thereby negatively impacting our ability to sustain or grow revenues and earnings and the lack of carry-back capacity to realize these assets. Based on the absence of sufficient positive objective evidence, management is unable to assert that it is more likely than not that we will generate sufficient taxable income to realize these remaining net deferred assets. The amount of the deferred tax asset valuation allowance, however, could be reduced in future periods to the extent that future taxable income is realized.

As of December 31, 2013, we had federal and state net operating loss carryforwards of approximately $460.3 million and $81.1 million, respectively, which will begin expiring in 2018 for Federal and 2014 for state. We have net operating loss carryforwards which include excess tax benefits from employee stock option exercises of $11.4 million which have not been recorded in our deferred tax assets and will increase additional paid in capital as and when such excess tax benefits are ultimately realized. We also have foreign net operating loss carryforwards in Canada and Germany of approximately $49.1 million and $31.0 million, respectively. Canada's net operating loss carryforwards began expiring in 2013. The German net operating loss carryforward has an indefinite carryover life.

Our net operating losses include those acquired as a result of our acquisitions of Vortek, STEAG Semiconductor Division, CFM and Concept Systems Design, Inc. The federal and state net operating losses acquired from the STEAG Semiconductor Division, CFM and Concept are also subject to change in control limitations as defined in Section 382 of the Internal Revenue Code. If certain substantial changes in our ownership occur, there would be an additional annual limitation on the amount of the net operating loss carryforwards that can be utilized.

We provide U.S. income taxes on the earnings of foreign subsidiaries unless the subsidiaries earnings are considered indefinitely reinvested outside the U.S. As of December 31, 2013, U.S. income taxes were not provided for on a cumulative total of $0.7 million of undistributed earnings for certain foreign subsidiaries. If these earnings were repatriated, we would be subject to additional U.S. income taxes (subject to an adjustment for foreign tax credits). However, the tax impact of a potential distribution would be immaterial. We intend to permanently reinvest all foreign unremitted earnings of foreign subsidiaries outside of the U.S., except for Germany, Korea and Canada. Our permanently reinvested non-U.S. earnings have been deployed in active business operations, and it is unlikely that we will repatriate any portion of its permanently reinvested non-U.S. earnings in the future.

As of December 31, 2013, our total unrecognized tax benefits were approximately $25.5 million exclusive of interest and penalties described below. Included in the $25.5 million is approximately $0.3 million of unrecognized tax benefits (net of Federal benefit), that if recognized, would favorably affect the effective tax rate in a future period before consideration of changes in the valuation allowance. We anticipate there will be a decrease of $0.2 million in our unrecognized tax benefits within the next twelve months.

Our practice is to recognize interest and/or penalties related to unrecognized tax benefits in income tax expense. Provisions for income taxes included estimated interest of $0.1 million for each of the years ended December 31, 2013 and 2012 and $0.2 million for 2011. As of December 31, 2013 and 2012, we had accrued estimated interest of $0.1 million and $0.2 million, respectively. We had no accruals for estimated penalties as of December 31, 2013 and 2012.

We are subject to United States federal income tax as well as to income taxes in Germany, Korea and various other foreign and U.S. state jurisdictions. Our federal and state income tax returns are generally not subject to examination by tax authorities for years before 2009 and 2008, respectively. Our German and Korea income tax returns are generally not subject to examination by tax authorities before 2008. We had no tax audits in progress as of December 31, 2013.

A reconciliation of unrecognized tax benefits is as follows (in thousands):

 
Years Ended December 31,
 
2013
 
2012
 
2011
Balance at the beginning of the year
$
25,900

 
$
26,200

 
$
28,600

Tax positions related to current year:
 
 
 
 
 
   Additions
1,000

 
100

 

   Reductions
(100
)
 

 
(100
)
Expiration of statutes of limitations
(1,300
)
 
(400
)
 
(2,300
)
Balance at the end of the year
$
25,500

 
$
25,900

 
$
26,200