Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

v3.20.4
INCOME TAXES
 12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
 
Income from continuing operations before provision (benefit) for income taxes are taxed under the following jurisdictions (dollar amounts in thousands):
Year Ended December 31, 2020 2019
Domestic $ 3,273  $ 1,770 
Foreign 19,548  13,872 
Total $ 22,821  $ 15,642 
 
Components of the provision (benefit) for income taxes for each of the two years in the period ended December 31, 2020 are as follows (dollar amounts in thousands):
Year Ended December 31, 2020 2019
Current:    
Federal $ (1,056) $ (476)
State 147  94 
Foreign 5,129  4,816 
Subtotal 4,220  4,434 
Deferred:    
Federal (2,332) 3,044 
State 52  475 
Foreign (2,077) 760 
Subtotal (4,357) 4,279 
Total provision (benefit) for income taxes $ (137) $ 8,713 
 
The provision (benefit) for income taxes, as a percentage of income from continuing operations before provision (benefit) for income taxes, differs from the statutory U.S. federal income tax rate due to the following:
Year Ended December 31, 2020 2019
Statutory U.S. federal income tax rate 21.0  % 21.0  %
State income taxes, net of U.S. federal income tax benefit 1.3  2.9 
U.S. tax impact of foreign operations 6.7  12.3 
Valuation allowance change (25.0) 10.3 
Unrecognized tax benefits (6.1) (3.3)
Permanent foreign items 3.1  4.4 
Withholding tax on royalties 2.8  4.2 
Stock compensation (0.4) 7.1 
Tax return to provision differences (3.3) (3.7)
Elimination of provision on intercompany transactions (2.0) (0.6)
Other 1.3  1.1 
Effective income tax rate (0.6) % 55.7  %

Adjustments relating to the U.S. impact of foreign operations increased the effective tax rate by 6.7 percentage points in 2020 and increased the effective tax rate by 12.3 percentage points in 2019. The components of this calculation were:
Components of U.S. tax impact of foreign operations 2020 2019
Foreign tax credits (4.0) % (6.3) %
Foreign tax rate differentials 3.1  3.6 
Foreign withholding taxes 2.8  3.9 
Transfer pricing adjustment 4.3  4.6 
Impact of GILTI 0.6  6.5 
Impact of FDII (0.1) — 
Total 6.7  % 12.3  %

Certain prior year amounts included in the table below have been reclassified for comparative purposes. The significant components of the deferred tax assets (liabilities) are as follows (dollar amounts in thousands):
As of December 31, 2020 2019
Inventory $ 1,011  $ 1,013 
Accrued liabilities 3,696  2,608 
Operating lease liabilities 3,273  3,639 
Deferred compensation 233  273 
Equity-based compensation 1,332  1,127 
Intangibles assets 149  161 
Bad debts 102  92 
Net operating losses 5,978  7,139 
Foreign tax and withholding credits 14,453  14,640 
Other deferred tax assets 1,933  2,178 
Valuation allowance (15,262) (21,388)
Total deferred tax assets 16,898  11,482 
Accelerated depreciation (4,197) (3,168)
Right of use assets (2,943) (3,315)
Tax on unremitted earnings (2,318) (1,642)
Other deferred tax liabilities (138) (113)
Total deferred tax liabilities (9,596) (8,238)
Total deferred taxes, net $ 7,302  $ 3,244 
 
The components of deferred tax assets (liabilities), net are as follows (dollar amounts in thousands):
As of December 31, 2020 2019
Net deferred tax assets $ 8,693  $ 4,899 
Net deferred tax liabilities (1,391) (1,655)
Total deferred taxes, net $ 7,302  $ 3,244 

We have elected the period cost method (costs are treated as a current period expense when incurred) under U.S. GAAP as it relates to GILTI income inclusions in U.S. taxable income. Each reporting period we analyze our indefinite reinvestment assertions with respect to undistributed foreign earnings. As of December 31, 2020, we continue to assert that we do not intend to reinvest undistributed foreign earnings indefinitely in our foreign subsidiaries.
 
We have provided a valuation allowance of $15.3 million and $21.4 million as of December 31, 2020 and 2019, respectively, for certain deferred tax assets, including foreign net operating losses, for which we cannot conclude it is more likely than not that they will be realized. We reviewed our tax positions and decreased the valuation allowance by approximately $6.1 million in 2020 primarily due to a domestic decrease of $2.7 million and a foreign decrease of $3.4 million. For financial reporting purposes, the decrease in valuation allowances decreases income tax expenses in the year recorded. At December 31, 2020, we had approximately $14.5 million of foreign tax and withholding credits. Of the $14.5 million credits, $14.1 million are foreign tax credits, most of which expire in 2024 and the majority of which are offset by a valuation allowance.
 
At December 31, 2020, foreign subsidiaries had unused operating loss carryovers for tax purposes of approximately $6.0 million. The net operating losses will expire at various dates from 2021 through 2029, with the exception of those in some foreign jurisdictions where there is no expiration. The foreign net operating losses have a valuation allowance recorded against the portion expected to expire before utilization.
 
We are subject to regular audits by federal, state and foreign tax authorities. These audits may result in additional tax liabilities. We believe we have appropriately provided for income taxes for all years. Several factors drive the calculation of our tax reserves. Some of these factors include: (i) the expiration of various statutes of limitations; (ii) changes in tax law and regulations; (iii) the issuance of tax rulings; and (iv) settlements with tax authorities. Changes in any of these factors may result in adjustments to our reserves, which would impact our reported financial results.
 
Our U.S. federal income tax returns for 2017 through 2019 are open to examination for federal tax purposes. We have several foreign tax jurisdictions that have open tax years from 2015 through 2019.

The total outstanding balance for liabilities related to unrecognized tax benefits at December 31, 2020 and 2019 was $0.1 million and $1.5 million, respectively, all of which would favorably impact the effective tax rate if recognized. Included in these amounts is approximately $36,000 and $0.1 million, respectively, of combined interest and penalties. We decreased interest and penalties approximately $0.1 million and $33,000 for the years ended December 31, 2020 and 2019, respectively. We account for interest expense and penalties for unrecognized tax benefits as part of our income tax provision.
 
During the years ended December 31, 2020 and 2019, we added approximately $0 and $0.2 million, respectively, to our liability for unrecognized tax benefits. Included in these amounts are approximately $0 and $0.1 million for the years ended December 31, 2020 and 2019, respectively, related to interest and penalties. In addition, we recorded a benefit related to the lapse of applicable statute of limitations of approximately $1.3 million and $0.8 million for the years ended December 31, 2020 and 2019, respectively, all of which favorably impacted our effective tax rate.
 
A reconciliation of the beginning and ending amount of liabilities associated with uncertain tax benefits, excluding interest and penalties, is as follows for the years (dollar amounts in thousands):
Year Ended December 31, 2020 2019
Unrecognized tax benefits, opening balance $ 1,385  $ 1,966 
Settlement of liability reclassified as income tax payable —  — 
Payments on liability —  (16)
Tax positions taken in a prior period    
Gross increases —  — 
Gross decreases (106) (9)
Tax positions taken in the current period    
Gross increases —  132 
Gross decreases —  — 
Lapse of applicable statute of limitations (1,210) (686)
Currency translation adjustments (13) (2)
Unrecognized tax benefits, ending balance $ 56  $ 1,385 
 
We anticipate that liabilities related to unrecognized tax benefits will increase approximately $0 to $0.1 million within the next twelve months due to additional transactions related to commissions and transfer pricing.
 
We believe that it is reasonably possible that unrecognized tax benefits may decrease by $0 to $0.1 million within the next twelve months due to the expiration of statutes of limitations in various jurisdictions.
 
Although we believe our estimates are reasonable, we can make no assurance that the final tax outcome of these matters will not be different from that which it has reflected in our historical income tax provisions and accruals. Such differences could have a material impact on our income tax provision and operating results in the period in which we make such determination.