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Income Taxes
12 Months Ended
Dec. 31, 2024
Income Tax Disclosure [Abstract]  
Income Taxes

NOTE 12 - INCOME TAXES

Income (loss) before income taxes from domestic and international jurisdictions is comprised of the following:

 

Year Ended December 31,

 

2024

 

 

2023

 

Income (loss) before income taxes:

 

 

 

 

 

 

Domestic

 

$

(47,552

)

 

$

(65,847

)

Foreign

 

 

(5,129

)

 

 

(50,951

)

 

 

$

(52,681

)

 

$

(116,798

)

 

The income tax (provision) benefit is comprised of the following:

 

Year Ended December 31,

 

2024

 

 

2023

 

Current taxes

 

 

 

 

 

 

Federal

 

$

2,819

 

 

$

(548

)

State

 

 

(159

)

 

 

(112

)

Foreign

 

 

(6,049

)

 

 

(1,915

)

Total current taxes

 

 

(3,389

)

 

 

(2,575

)

Deferred taxes

 

 

 

 

 

 

Federal

 

 

(23,113

)

 

 

20,057

 

State

 

 

(462

)

 

 

7,028

 

Foreign

 

 

1,463

 

 

 

(564

)

Total deferred taxes

 

 

(22,112

)

 

 

26,521

 

Income tax (provision) benefit

 

$

(25,501

)

 

$

23,946

 

The following is a reconciliation of the U.S. federal tax rate to the Company's effective income tax rate:

 

Year Ended December 31,

 

2024

 

 

2023

 

Statutory rate

 

 

21.0

%

 

 

21.0

%

State tax provisions, net of federal income tax benefit

 

 

0.4

 

 

 

1.1

 

Tax credits

 

 

13.4

 

 

 

6.3

 

Foreign income taxes at rates other than the statutory rate

 

 

3.7

 

 

 

16.4

 

Valuation allowance

 

 

(52.2

)

 

 

5.9

 

Changes in tax liabilities, net

 

 

10.3

 

 

 

(0.2

)

Share based compensation

 

 

(3.7

)

 

 

(1.4

)

Unremitted non-U.S. Earnings

 

 

0.1

 

 

 

2.4

 

US tax on non-US income

 

 

(39.6

)

 

 

(6.7

)

Loss on deconsolidation of subsidiary

 

 

 

 

 

(20.1

)

Non-deductible charges

 

 

(4.2

)

 

 

(1.6

)

Other

 

 

2.4

 

 

 

(2.6

)

Effective income tax rate

 

 

(48.4

)%

 

 

20.5

%

 

The 2024 effective tax rate is based on income tax provision and pre-tax loss. The 2023 effective tax rate is based on income tax benefit and pre-tax loss.

Tax effects of temporary differences that gave rise to significant portions of the deferred tax assets and deferred tax liabilities are as follows:

 

Year Ended December 31,

 

2024

 

 

2023

 

Deferred income tax assets:

 

 

 

 

 

 

Accrued liabilities

 

$

4,360

 

 

$

7,115

 

Hedging and foreign currency gains (losses)

 

 

 

 

 

(1,030

)

Deferred compensation

 

 

6,411

 

 

 

7,270

 

Inventory reserves

 

 

205

 

 

 

1,864

 

Net loss carryforwards and credits

 

 

38,284

 

 

 

46,301

 

Interest carryforwards

 

 

56,202

 

 

 

35,633

 

Intangibles, property, plant and equipment and other

 

 

11,564

 

 

 

10,272

 

Competent authority deferred tax assets and
   other foreign timing differences

 

 

3,738

 

 

 

5,041

 

Other

 

 

8,898

 

 

 

730

 

Total before valuation allowance

 

 

129,662

 

 

 

113,196

 

Valuation allowance

 

 

(87,874

)

 

 

(60,387

)

Net deferred income tax assets

 

 

41,788

 

 

 

52,809

 

Deferred income tax liabilities:

 

 

 

 

 

 

Hedging and foreign currency gains (losses)

 

 

(1,498

)

 

 

 

Intangibles, property, plant and equipment and other

 

 

 

 

 

 

Unremitted earnings

 

 

(2,349

)

 

 

(2,499

)

Deferred income tax liabilities

 

 

(3,847

)

 

 

(2,499

)

Net deferred income tax assets

 

$

37,941

 

 

$

50,310

 

The classification of the Company's net deferred tax asset is shown below:

 

Year Ended December 31,

 

2024

 

 

2023

 

Long-term deferred income tax assets

 

$

39,046

 

 

$

52,213

 

Long-term deferred income tax liabilities

 

 

(1,105

)

 

 

(1,903

)

Net deferred tax asset

 

$

37,941

 

 

$

50,310

 

As of December 31, 2024, the Company has cumulative tax effected Germany NOL carryforwards of $32.7 million that carryforward indefinitely and U.S. state NOL carryforwards of $8.8 million that expire in the years 2025 to 2044. Also, the Company has $13.6 million of U.S. tax credit carryforwards, $3.2 million that expire in the years 2036 to 2044 and $10.4 million expiring in the years 2029 to 2034.

As of December 31, 2022, substantially all U.S. and German deferred tax assets net of deferred tax liabilities, were subject to valuation allowances. The Company had previously concluded that if financial results continued to improve, the assessment of the realization of net deferred tax assets could result in the release of some or all of the valuation allowances. As of December 31, 2023, sufficient positive evidence became available and $24.8 million of the valuation allowances against U.S. net deferred tax assets were released. As of December 31, 2024, certain U.S. and substantially all German deferred tax assets net of deferred tax liabilities, remained subject to valuation allowances.

The transition tax substantially eliminated the basis difference on foreign subsidiaries that existed previously for purposes of Accounting Standards Codification topic 740 (“ASC 740”). However, there are limited other taxes that could continue to apply such as foreign withholding and certain state taxes. Provisions are made for income tax liabilities on the undistributed earnings of non-U.S. subsidiaries.

In addition, the Organization for Economic Co-operation and Development has issued Pillar Two model rules introducing a new global minimum tax of 15% intended to be effective January 1, 2024. While the U.S. has not yet adopted the Pillar Two rules, various other governments around the world are enacting legislation. As currently designed, Pillar Two will ultimately apply to the Company's worldwide operations, however, there has been no material effect on December 31, 2024. The Company will continue to monitor U.S. and global legislative action related to Pillar Two for potential effects.

A reconciliation of the beginning and ending amounts of uncertain tax positions is as follows:

 

Year Ended December 31,

 

2024

 

 

2023

 

Beginning balance

 

$

30,549

 

 

$

26,100

 

Increases (decreases) due to foreign currency translations

 

 

(1,416

)

 

 

640

 

Increases (decreases) as a result of positions taken during:

 

 

 

 

 

 

Prior periods

 

 

(356

)

 

 

3,274

 

Current period

 

 

 

 

 

776

 

Settlements with taxing authorities

 

 

(14,658

)

 

 

(21

)

Expiration of applicable statutes of limitation

 

 

(405

)

 

 

(220

)

Ending balance

 

$

13,714

 

 

$

30,549

 

The Company's policy regarding interest and penalties related to uncertain tax positions is to record interest and penalties as an element of income tax expense. At the end of 2024 and 2023, the Company had liabilities of $3.8 million and $5.7 million of potential interest and penalties associated with uncertain tax positions. Included in the unrecognized tax benefits is $1.3 million that, if recognized, would favorably affect the annual effective tax rate. Within the next 12-month period the Company expects a decrease in unrecognized tax benefits as uncertain tax positions continue to expire.

Income tax returns are filed in multiple jurisdictions and are subject to examination by tax authorities in various jurisdictions where the Company operates, including open tax years from 2014 to 2023.