Income Taxes | ( 12) INCOME TAXES The provisions for income tax expense were as follows (in thousands): 2016 2015 2014 Federal: Current $ 45,258 $ 45,095 $ 7,677 Deferred (3,961 ) 2,774 23,659 Total federal 41,297 47,869 31,336 State: Current 3,406 2,506 2,060 Deferred (49 ) 1,798 529 Total state 3,357 4,304 2,589 Foreign: Current 31,046 21,204 5,399 Deferred (1,575 ) (927 ) (140 ) Total foreign 29,471 20,277 5,259 Total income taxes $ 74,125 $ 72,450 $ 39,184 The Company’s provision for income tax expense and effective income tax rate are significantly impacted by the mix of the Company’s domestic and foreign earnings (loss) before income taxes. In the non-U.S. jurisdictions in which the Company has operations, the applicable statutory rates are generally significantly lower than in the U.S., ranging from 0% to 34%. The Company’s provision for income tax expense was calculated using the applicable statutory rate for each jurisdiction applied to the Company’s pre-tax earnings (loss) in each jurisdiction, while the Company’s effective tax rate is calculated by dividing income tax expense by earnings before income taxes. The Company’s earnings (loss) before income taxes and income tax expense for 2016, 2015 and 2014 are as follows (in thousands): Years Ended December 31, 2016 2015 2014 Income tax jurisdiction Earnings (loss) before income taxes Income tax expense Earnings (loss) before income taxes Income tax expense Earnings (loss) before income taxes Income tax expense United States $ 105,589 $ 44,654 $ 136,726 $ 52,173 $ 82,778 $ 32,500 Peoples Republic of China (“China”) 72,584 11,720 49,027 11,084 15,201 1,179 Jersey (1) 146,880 — 123,721 — 77,555 — Non-benefited loss operations (2) (16,189 ) 12 (16,719 ) 164 (13,021 ) — Other jurisdictions (3) 50,620 17,739 40,742 9,029 28,867 5,505 Earnings before income taxes $ 359,484 $ 74,125 $ 333,497 $ 72,450 $ 191,380 $ 39,184 Effective tax rate (4) 20.6 % 21.7 % 20.5 % (1) Jersey does not assess income tax on corporate net earnings. (2) (3) Consists of entities in the following tax jurisdictions, each of which comprises not more than 5% of consolidated earnings (loss) before taxes in the period being reported: Albania, Austria, Belgium, Bosnia & Herzegovina, Canada, Chile, Colombia, Costa Rica, France, Germany, Hong Kong, Hungary, India, Italy, Kosovo, Macedonia, Malaysia, Montenegro, Netherlands, Panama, Peru, Poland, Portugal, Romania, Serbia, Singapore, Spain, Switzerland, Thailand, Vietnam, and the United Kingdom. (4) . For 2016, the effective tax rate was lower than the U.S. federal and state combined statutory rate of approximately 39%, primarily because of earnings from foreign operations in jurisdictions imposing either lower tax rates on corporate earnings or no corporate income tax. During 2016, as reflected in the table above, earnings (loss) before income taxes in the U.S. were $105.6 million, with income tax expense of $44.7 million, which is an average rate of 42.3%. Earnings (loss) before income taxes in non-U.S. jurisdictions were $253.9 million, with an aggregate income tax expense of $29.5 million, which is an average rate of 11.6%. Combined, this results in consolidated earnings before income taxes for the period of $359.5 million, and consolidated income tax expense for the period of $74.1 million, resulting in an effective tax rate of 20.6%. For 2016, $253.9 million in earnings before income tax earned outside the U.S., $146.9 million was earned in Jersey, which does not impose a tax on corporate earnings. In Jersey, earnings before income taxes increased by $23.2 million, or 18.7%, to $146.9 million in 2016 from $123.7 million in 2015. This increase was primarily attributable to the Company experiencing an increase of $344.9 million in net sales in the “Other international” geographic area for 2016 (see Note 17 – Segment and Geographic Reporting), which resulted in a significant increase in earnings before income taxes in Jersey from royalties and commissions under the terms of inter-subsidiary agreements. Due to the scalability of our operations, increases in net sales in the “Other international” geographic area from 2015 to 2016 resulted in a disproportionately greater increase in earnings before income taxes in Jersey. In addition, there were foreign losses of $16.2 million for which no tax benefit was recognized during the year ended December 31, 2016 because of the provision of offsetting valuation allowances, but in which nonrefundable withholding taxes were paid. Individually, none of the other foreign jurisdictions included in “Other jurisdictions” in the table above had earnings greater than 5% of the Company’s consolidated earnings (loss) before taxes in any of the years shown. Unremitted earnings of non-U.S. subsidiaries are expected to be reinvested outside of the U.S. indefinitely. Such earnings would become taxable upon the sale or liquidation of these subsidiaries or upon the remittance of dividends. As of December 31, 2016, the Company had approximately $718.5 million in cash and cash equivalents, of which $368.4 million, or 51.3%, was held outside the U.S. Of the $368.4 million held by the Company’s non-U.S. subsidiaries, approximately $33.4 million is available for repatriation to the U.S. without incurring U.S. income taxes and applicable non-U.S. income and withholding taxes in excess of the amounts accrued in the Company’s consolidated financial statements as of December 31, 2016. The Company’s cash and cash equivalents held in the U.S. and cash provided from operations are sufficient to meet the Company’s liquidity needs in the U.S. for the next twelve months and the Company does not expect to repatriate any of the funds presently designated as indefinitely reinvested outside the U.S. Because of the need for cash for operating capital and continued overseas expansion, the Company also does not foresee the need for any of its foreign subsidiaries to distribute funds up to an intermediate foreign parent company in any form of taxable dividend. Under current applicable tax laws, if the Company chooses to repatriate some or all of the funds designated as indefinitely reinvested outside the U.S., the amount repatriated would be subject to U.S. income taxes and applicable non-U.S. income and withholding taxes. As of December 31, 2016 and 2015, U.S. income taxes have not been provided on cumulative total earnings of $699.6 million and $482.7 million, respectively. Income taxes differ from the statutory tax rates as applied to earnings before income taxes as follows (in thousands): 2016 2015 2014 Expected income tax expense $ 125,819 $ 116,724 $ 66,981 State income tax, net of federal benefit 2,335 2,011 1,032 Rate differential on foreign income (58,508 ) (44,541 ) (27,364 ) Change in unrecognized tax benefits 135 (2,233 ) (2,717 ) Non-deductible expenses 2,330 (350 ) 288 Other 575 285 3,333 Change in valuation allowance 1,439 554 (2,369 ) Total provision for income taxes $ 74,125 $ 72,450 $ 39,184 Effective tax rate 20.6 % 21.7 % 20.5 % The tax effects of temporary differences that give rise to significant portions of deferred tax assets and deferred tax liabilities at December 31, 2016 and 2015 are presented below (in thousands): 2016 2015 Deferred tax assets: Inventory adjustments $ 6,985 $ 6,249 Accrued expenses 29,094 17,619 Allowances for bad debts and chargebacks 4,837 6,972 Loss carryforwards 20,891 23,073 Business credit carryforward 5,031 5,214 Share-based compensation 5,993 3,628 Valuation allowance (19,527 ) (18,088 ) Total deferred tax assets 53,304 44,667 Deferred tax liabilities: Prepaid expenses 8,422 8,566 Depreciation on property, plant and equipment 19,251 22,406 Total deferred tax liabilities 27,673 30,972 Net deferred tax assets $ 25,631 $ 13,695 The Company believes it is more likely than not that the results of future operations will generate sufficient taxable income to realize the net deferred tax assets. State tax credit and net operating loss carry-forward amounts remaining as of December 31, 2016 were $5.0 million and $31.7 million, respectively. State tax credit and net operating loss carry-forward amounts remaining as of December 31, 2015 were $8.8 million and $33.3 million, respectively. These tax credit and net operating loss carry-forward amounts don’t begin to expire until 2028 and 2021, respectively. As of December 31, 2016 and 2015, no valuation allowance against the related deferred tax asset have been recorded for these credit and loss and credit carry-forwards as it is believed the carry-forwards will be fully utilized in reducing future taxable income. As of December 31, 2016 and 2015, the Company had combined foreign net operating loss carry-forwards available to reduce future taxable income of approximately $69.4 million and $66.8 million, respectively. Some of these net operating losses expire beginning in 2017; however others can be carried forward indefinitely. As of December 31, 2016 and 2015, valuation allowances of $16.7 million and $16.5 million, respectively, had been recorded against the related deferred tax assets for those loss carry-forwards that are not more likely than not to be fully utilized in reducing future taxable income. The balance of unrecognized tax benefits, included in prepaid expenses in the consolidated balance sheets, increased by $0.5 million during the year. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands): 2016 2015 Beginning balance $ 6,143 $ 7,936 Additions for current year tax positions 1,069 888 Additions for prior year tax positions 138 — Reductions for prior year tax positions — (1,099 ) Settlement of uncertain tax positions (616 ) — Reductions related to lapse of statute of limitations (126 ) (1,582 ) Ending balance $ 6,608 $ 6,143 If recognized, $5.5 million of unrecognized tax benefits would be recorded as a reduction in income tax expense. Estimated interest and penalties related to the underpayment of income taxes are classified as a component of income tax expense and totaled $0.4 million, $0.6 million, and $0.2 million for the years ended December 31, 2016, 2015, and 2014, respectively. Accrued interest and penalties were $1.1 million and $1.5 million as of December 31, 2016 and 2015, respectively. The amount of income taxes the Company pays is subject to ongoing audits by taxing jurisdictions around the world. The Company’s estimate of the potential outcome of any uncertain tax position is subject to its assessment of relevant risks, facts, and circumstances existing at that time. The Company believes that it has adequately provided for these matters. However, the Company’s future results may include favorable or unfavorable adjustments to its estimates in the period the audits are resolved, which may impact the Company’s effective tax rate. As of December 31, 2016, the Company’s tax filings are generally subject to examination in the U.S. and most foreign jurisdictions for years ending on or after December 31, 2012, and in several Asian and European tax jurisdictions for years ending on or after December 31, 2006. During the year, the Company reduced the balance of 2016 and prior year unrecognized tax benefits by $0.1 million as a result of expiring statutes. It is reasonably possible that certain domestic and foreign statutes will expire during the next twelve months which would reduce the balance of 2016 and prior year unrecognized tax benefits by $0.4 million. The Company is currently under examination by a number of states and certain foreign jurisdictions. During the year ended December 31, 2016, there was a $0.6 million reduction in the balance of 2016 and prior year unrecognized tax benefits due to settlements of examinations. It is reasonably possible that certain state and foreign examinations could be settled during the next twelve months which would reduce the balance of 2016 and prior year unrecognized tax benefits by $0.9 million. In November 2015, the FASB issued ASU No. 2015‑17, “Income Taxes (Topic 740): Balance Sheet Classification of Deferred Taxes” |