Income Taxes | ( 1 6 ) INCOME TAXES The provisions for income tax expense were as follows (in thousands): 2019 2018 2017 Federal: Current $ 22,899 $ 11,379 $ 110,448 Deferred (3,583 ) (3,971 ) 3,768 Total federal 19,316 7,408 114,216 State: Current 6,384 5,408 2,747 Deferred (813 ) (1,316 ) (3,356 ) Total state 5,571 4,092 (609 ) Foreign: Current 66,656 53,071 40,147 Deferred (2,790 ) (3,960 ) (4,598 ) Total foreign 63,866 49,111 35,549 Total income taxes (benefit) $ 88,753 $ 60,611 $ 149,156 Due to the enactment of Tax Cuts and Jobs Act (the “Tax Act”) in December 2017, the Company is subject to a tax on global intangible low-taxed income (“GILTI”). GILTI is a tax on foreign income in excess of a deemed return on tangible assets of foreign corporations. Companies subject to GILTI have the option to account for the GILTI tax as a period cost if and when incurred, or to recognize deferred taxes for temporary differences including outside basis differences expected to reverse as GILTI. The Company has elected to account for GILTI as a period cost, and therefore has included GILTI expense in its effective tax rate calculation for the period. The SEC staff issued Staff Accounting Bulletin 118 (“SAB 118”), which provides guidance on accounting for the tax effects of the Tax Act. SAB 118 provides a measurement period that should not extend beyond one year from the Tax Act enactment date for companies to complete the accounting under Accounting Standards Codification 740 (“ASC 740”). In connection with its initial analysis of the impact of the Tax Act, the Company recorded a provisional one-time net tax expense of $99.9 million for the year ended December 31, 2017. In 2018, the Company obtained additional information which reduced the Company’s provisional accounting for certain tax effects of the Tax Act by $10.9 million, from $99.9 million as reported at December 31, 2017, to $89.0 million. The Company’s provision for income tax expense (benefit) 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 lower than in the U.S., ranging from 0.0% to 34.6%. The Company’s provision for income tax expense (benefit) was calculated using the applicable rate for each jurisdiction applied to the Company’s pre-tax earnings (loss) with application of transfer pricing considerations in each jurisdiction, while the Company’s effective tax rate is calculated by dividing income tax expense (benefit) by earnings before income taxes. The Company’s earnings (loss) before income taxes and income tax expense (benefit) for 2019 , 2018 and 2017 are as follows (in thousands): Years Ended December 31, 2019 2018 2017 Income tax jurisdiction Earnings (loss) before income taxes Income tax expense Earnings (loss) before income taxes Income tax expense (benefit) Earnings (loss) before income taxes Income tax expense United States (1) $ 4,999 $ 24,887 $ 16,597 $ 11,500 $ 25,628 $ 113,607 Peoples Republic of China (“China”) 121,702 30,320 89,429 19,595 95,668 12,971 Hong Kong 50,131 4,303 48,352 8,106 17,778 5,030 Jersey (2) 245,561 — 213,327 — 198,048 — Non-benefited loss operations (3) (7,685 ) 1,184 (11,422 ) (3,387 ) (17,350 ) 3,306 Other jurisdictions (4) 101,297 28,059 75,601 24,797 64,488 14,242 Earnings before income taxes $ 516,005 $ 88,753 $ 431,884 $ 60,611 $ 384,260 $ 149,156 Effective tax rate (5) 17.2% 14.0% 38.8% (1) United States income tax expense for 2017 includes a provisional one-time $99.9 million tax expense related to the enactment of the United States Tax Cuts & Jobs Act on December 22, 2017. (2) (3) (4) 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, Hungary, India, Israel, Italy, Kosovo, Macau, Macedonia, Malaysia, Mexico, Montenegro, Netherlands, Panama, Peru, Poland, Portugal, Serbia, Singapore, Spain, Switzerland, Vietnam, and the United Kingdom. (5) . For 2019, the effective tax rate was lower than the U.S. federal and state combined statutory rate of approximately 25%, primarily because of earnings from foreign operations in jurisdictions imposing either lower tax rates on corporate earnings or no corporate income tax. During 2019, as reflected in the table above, earnings (loss) before income taxes in the U.S. were $ 5.0 24.9 498 increased $245.6 million in 2019 213.3 increase increase increase As of December 31, 2019, the Company had approximately $824.9 million in cash and cash equivalents, of which $566.4 million, or 68.7%, was held outside the U.S. Of the $566.4 million held by its non-U.S. subsidiaries, approximately $220.3 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, 2019. 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. However, in anticipation of the needs of the Company’s share repurchase program and the need to provide payment of the Company’s provisional Transition Tax liability, the Company may repatriate certain funds held outside the U.S. for which all applicable U.S. and non-U.S. tax has been fully provided as of December 31, 201 9 . The Company has provided for the tax impact of expected distributions from its joint venture in China as well as from its subsidiary in Chile to its intermediate parent company in Switzerland. Otherwise because of the need for cash for operating capital and continued overseas expansion, the Company does not foresee the need for any of its other 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 the Company has designated as indefinitely reinvested outside the U.S., the amount repatriated would not be subject to federal income tax but may be subject to applicable non-U.S. income and withholding taxes, and to certain state income taxes. Income taxes differ from the statutory tax rates as applied to earnings before income taxes as follows (in thousands): 2019 2018 2017 Expected income tax expense $ 108,361 $ 90,696 $ 134,491 State income tax, net of federal benefit 1,278 3,051 297 Rate differential on foreign income (43,327 ) (40,065 ) (95,565 ) Change in unrecognized tax benefits 2,739 820 1,449 Non-deductible compensation 7,126 6,269 6,592 Tax credits (3,264 ) (2,539 ) (2,151 ) Excess tax benefit on share based compensation (251 ) (1,557 ) (2,571 ) U.S. tax rate change — — 1,923 U.S. transition tax — (10,963 ) 98,015 U.S. tax on foreign earnings 9,786 9,956 — Other 3,440 2,077 (1,110 ) Change in valuation allowance 2,865 2,866 7,786 Total provision (benefit) for income taxes $ 88,753 $ 60,611 $ 149,156 Effective tax rate 17.2 % 14.0 % 38.8 % The tax effects of temporary differences that give rise to significant portions of deferred tax assets and deferred tax liabilities at December 31, 2019 and 2018 are presented below (in thousands): 2019 2018 Deferred tax assets: Inventory adjustments $ 6,954 $ 5,779 Accrued expenses 50,847 42,637 Allowances for bad debts and chargebacks 4,809 3,549 Loss carryforwards 28,605 24,834 Business credit carryforward 8,262 7,015 Share-based compensation 4,521 4,283 Operating lease liabilities 261,984 — Valuation allowance (33,044 ) (30,179 ) Total deferred tax assets 332,938 57,918 Deferred tax liabilities: Prepaid expenses 5,586 6,263 Right-of-use assets 261,984 — Depreciation on property, plant and equipment 16,602 12,674 Total deferred tax liabilities 284,172 18,937 Net deferred tax assets $ 48,766 $ 38,981 The $2.9 million increase in the valuation allowance primarily relates to increases in deferred tax assets in certain foreign non-benefited loss jurisdictions as discussed above. The Company believes it is more likely than not that the results of future operations in the remaining jurisdictions will generate sufficient taxable income to realize its net deferred tax assets. State tax credit and net operating loss carry-forward amounts remaining as of December 31, 2019 were $10.5 million and $31.0 million, respectively. State tax credit and net operating loss carry-forward amounts remaining as of December 31, 2018 were $8.9 million and $31.1 million, respectively. These tax credit and net operating loss carry-forward amounts do not begin to expire until 2023 2032 As of December 31, 2019, and 2018, the Company had combined foreign net operating loss carry-forwards available to reduce future taxable income of approximately $154.0 million and $ 121.5 The balance of unrecognized tax benefits included in prepaid expenses in the consolidated balance sheets increased by $2.6 million during the year. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands): 2019 2018 Beginning balance $ 7,975 $ 7,381 Additions for current year tax positions 1,795 1,161 Additions for prior year tax positions 1,638 — Reductions for prior year tax positions — (55 ) Reductions related to lapse of statute of limitations (842 ) (512 ) Ending balance $ 10,566 $ 7,975 If recognized, $10.6 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, $ 0.2 0.5 1.8 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, 2019, 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, 2015 2009 The Company is currently under examination by a number of states and certain foreign jurisdictions. During the year ended December 31, 2019, there was no reduction in the balance of 2019 and prior year unrecognized tax benefits due to settlements of examinations. It is reasonably possible that certain federal, state and foreign examinations could be settled during the next twelve months which would reduce the balance of 2019 and prior year unrecognized tax benefits by $0.9 million. |