INCOME TAXES | NOTE L—INCOME TAXES The sources of the Company’s income from operations before income taxes were as follows (in thousands): Year ended December 31, 2017 2016 2015 Domestic $ 17,497 $ 10,047 14,062 Foreign 67,029 10,956 (2,894) Total income before income taxes $ 84,526 $ 21,003 11,168 The provision for income tax expense (benefit) for the years ended December 31, was as follows (in thousands): Current: 2017 2016 2015 Federal $ — $ (15) $ 168 State (292) 256 207 Foreign 10,965 962 — Total $ 10,673 $ 1,203 $ 375 Deferred: Federal $ 2,015 $ (10,794) $ — State (1,669) (130) — Foreign (444) (510) — Total $ (98) $ (11,434) $ — Income tax (benefit) expense $ 10,575 $ (10,231) $ 375 Deferred income tax assets and liabilities result principally from net operating losses, different methods of recognizing depreciation, reserves for doubtful accounts and inventory, research & development credits and foreign tax credits. At December 31, the net deferred tax assets and liabilities are comprised of the following approximate amounts (in thousands): 2017 2016 NOL carryforward $ 7,739 $ 12,866 Inventory reserves 837 869 AMT credit 345 424 Unrealized gains and losses 92 (6) Share-based compensation 732 1,453 Foreign tax credit 2,018 — Research and development credits 4,626 — Other 573 255 Deferred tax assets 16,962 15,861 Less valuation allowance — (1,663) Deferred tax assets, net 16,962 14,198 Depreciation and amortization (4,161) (2,777) Deferred tax liabilities (4,161) (2,777) Deferred tax assets, net $ 12,801 $ 11,421 A valuation allowance was established to reduce a deferred tax asset to the amount that will more likely than not be realized. This reduction was primarily necessary due to the uncertainty of the Company’s ability to utilize all of the net operating loss carry forwards. The valuation allowance decreased by $1.7 million in 2017 and decreased by approximately $13.1 million in 2016. The decrease in 2017 was the result of the removal of its valuation allowance on China deferred income tax assets. The decrease in 2016 was primarily the result of the removal of its valuation allowance on U.S. and Taiwan deferred income tax assets. Management assesses the available positive and negative evidence to estimate whether sufficient future taxable income will be generated to permit use of the existing deferred tax assets. In considering whether or not to continue to maintain the valuation allowance, the Company considers all available positive and negative evidence, including: historical profits and losses, forecasts of future profits or losses, and trends in the industries that the Company serves that may affect its ability to continue to generate profits. Objective evidence, such as historical losses, limits the ability to consider other subjective evidence, such as its projections for future growth. On the basis of this evaluation, as of December 31, 2017, management determined that there is sufficient positive evidence to conclude that it is more likely than not that additional deferred taxes of $1.7 million are realizable. It therefore reduced the valuation allowance accordingly. The amount of the deferred tax asset considered realizable, however, could be adjusted if estimates of future taxable income during the carryforward period are increased or if objective negative evidence is no longer present and additional weight is given to subjective evidence such as its projections for growth. The Company has a U.S. net operating loss carry forward of approximately $37.7 million, which, if unused, expires between 2025 and 2032. The Company has U.S. and state research and development tax credits of $4.6 million, which, if unused, expire between 2028 and 2037. In addition, the Company has foreign tax credits of $2.0 million, which, if unused, will expire in 2027. Utilization of U.S. net operating losses and tax credit carry forwards are subject to an annual limitation due to the ownership change limitations set forth in Internal Revenue Code Section 382. During 2015 and 2016, the Company updated its Section 382 analysis resulting in the recognition of additional utilizable net operating losses. Additional ownership changes could result in the expiration of the net operating loss and tax credit carryforwards before utilization. On January 1, 2017, the Company adopted ASU 2016-09, "Improvements to Employee Share-Based Payment Accounting." The new standard requires that the tax impact related to the difference between share-based compensation for book and tax purposes be recognized as income tax benefit or expense in its condensed consolidated statement of operations in the reporting period in which such awards vest. The standard also required a modified retrospective adoption for previously unrecognized excess tax benefits. Accordingly, the Company recognized a deferred tax asset of $1.2 million and a corresponding credit to retained earnings in conjunction with the adoption. The effects of adopting the other provisions of ASU 2016-09 were not significant. See also Note 2 —Significant Accounting Policies —Recent Accounting Pronouncements for additional information. A reconciliation of the U.S. federal income tax rate of 35% for the years ended December 31, to the Company’s effective income tax rate follows (in thousands): 2017 2016 2015 Expected taxes $ 29,584 $ 7,351 $ 3,797 Non-deductible/non-taxable items 1,212 565 157 Foreign rate differences (11,656) (654) (1,267) Foreign permanent differences 416 (1,005) — Increase (decrease) in valuation allowance (1,700) (13,063) 2,052 Share-based compensation (10,348) — — Section 382 limitation — (3,065) (4,382) Changes in tax rates 2,768 (361) — Repatriation tax, net of foreign tax credit 5,067 — — Research and development credits (2,821) — — Uncertain tax positions (1,616) — — Other, net (331) 1 18 Tax (benefit) expense $ 10,575 $ (10,231) $ 375 The Company’s provision for income taxes in 2017 was higher than in 2016 primarily due to an increase in pre-tax income and the provisional effect of the 2017 Tax Act, partially offset by excess tax benefits from stock-based compensation and recording research and development credits, including a portion of which were previously uncertain. The 2017 changes in tax laws or rates includes an estimate of the impact due to change in US tax rate of $2.8 million and an estimate of the repatriation tax of $5.0 million, as discussed further below. The Company’s provision for income taxes in 2016 was lower than in 2015 primarily due to the release of its valuation allowances on U.S. and Taiwan deferred income taxes, partially offset by an increase in pre-tax income. The Company’s wholly owned subsidiary, Prime World is a tax-exempt entity under the Income Tax Code of the British Virgin Islands. The Company’s wholly owned subsidiary, Global Technology, Inc., has enjoyed preferential tax concessions in China as a national high-tech enterprise. In March 2007, China’s parliament enacted the PRC Enterprise Income Tax Law, or the EIT Law, under which, effective January 1, 2008, China adopted a uniform income tax rate of 25% for all enterprises including foreign invested enterprises. Global Technology, Inc. was recognized as a National high-tech enterprise in 2008 and was entitled to a 15% tax rate for a three year period from November 2008 to November 2017. Global Technology, Inc. renewed its National high-tech enterprise certificate and was therefore extended its three-year tax preferential status from November 2017 to November 2020. This tax holiday reduced its 2017 income tax provision by approximately $1.4 million, but had no overall effect on the 2016 and 2015 income tax provision due to a full valuation allowance. This tax holiday increased its fiscal 2017 diluted earnings per share by approximately $0.07, but had no effect on its 2016 or 2015 diluted earnings per share due to the full valuation allowance. Effective January 1, 2016, China expanded the scope of the National high-tech enterprise to include additional deductions for qualifying research and development. In general, it is the Company’s practice and intention to reinvest the earnings of its non-U.S. subsidiaries in those operations. The 2017 Tax Act includes a mandatory one-time tax on accumulated earnings of foreign subsidiaries, and as a result, all previously unremitted earnings for which no U.S. deferred tax liability had been accrued have now been subject to U.S. tax. As of December 31, 2017, the Company had not made a provision for state income taxes or additional foreign withholding taxes on approximately $63 million of the excess of the amount for financial reporting over the tax basis of investments in foreign subsidiaries that is indefinitely reinvested outside the U.S. While the transition tax described below results in a reduction to undistributed foreign earnings to tax in the future, an actual repatriation from our foreign subsidiaries could still be subject to additional foreign withholding taxes and U.S. state taxes. The Company will record the tax effects of any change in its prior assertion with respect to these investments, and disclose any unrecognized deferred tax liability for temporary differences related to its foreign investments, if practicable, in the period that the Company is first able to make a reasonable estimate. As of December 31, 2017, December 31, 2016 and December 31, 2015, the total amount of unrecognized tax benefit was $0.2 million, $1.8 million, and $1.8 million, respectively. The following is a tabular reconciliation of the total amounts of unrecognized tax benefits (in thousands): 2017 2016 2015 Unrecognized tax benefits — January 1 $ 1,797 $ 1,797 $ 1,659 Gross increases — tax positions in prior period — 332 Gross decreases — tax positions in prior period (1,616) — (194) Unrecognized tax benefits — December 31 $ 181 $ 1,797 $ 1,797 As of December 31, 2017 the Company had $0.2 million of unrecognized tax benefits related to U.S. tax benefits recognized for prior branch losses. During 2017 the Company assessed its unrecognized tax benefits related to research and development credits from prior years. As a result, the Company recognized the full benefit for research and development credits and an increase in deferred tax assets in the amount of $1.6 million. As of December 31, 2016 and 2015, the Company had $1.8 million of unrecognized tax benefits related to U.S. tax benefits recognized for prior year branch losses and research and development credits, respectively. If recognized, none of the amounts would have an impact on the Company’s effective tax rate, but rather would result in adjustments to other tax accounts, primarily deferred taxes. The Company believes that it is reasonably possible that none of its remaining unrecognized tax positions may be recognized by the end of 2018. The Company recognizes interest accrued related to unrecognized tax benefits and penalties as income tax expense. Related to the unrecognized tax benefits noted above, it has not accrued penalties or interest during 2017 as a result of net operating losses. During 2016, the Company also accrued no penalties or interest. The Company is subject to taxation in the United States and various states and foreign jurisdictions. The Company’s open tax years subject to examination in the U.S. federal and state jurisdictions are 2014 through 2016. To the extent allowed by law, the taxing authorities may have the right to examine prior periods where net operating losses or tax credits were generated and carried forward, and make adjustments up to the amount of the net operating loss or tax credit carryforward. The Company is subject to examination for tax years 2009 forward for various foreign jurisdictions. . Effects of the Tax Cuts and Jobs Act On December 22, 2017, the U.S. government enacted comprehensive tax legislation commonly referred to as the Tax Cuts and Jobs Act (the “Tax Act”). On December 22, 2017, H.R.1, known as the "Tax Cuts and Jobs Act," was signed into law. The Tax Act makes broad and complex changes to the U.S. tax code, including, but not limited to, (1) reducing the U.S. federal corporate tax rate from 35 percent to 21 percent; (2) requiring companies to pay a one-time transition tax on certain unrepatriated earnings of foreign subsidiaries; (3) generally eliminating U.S. federal income taxes on dividends from foreign subsidiaries; (4) a new provision designed to tax global intangible low-taxed income (GILTI); (5) eliminating the corporate alternative minimum tax (AMT) and changing how existing AMT credits can be realized; (6) creating the base erosion anti-abuse tax (BEAT), a new minimum tax; (7) creating a new limitation on deductible interest expense; and (8) changing rules related to uses and limitations of net operating loss carryforwards created in tax years beginning after December 31, 2017. Among other things, the Tax Act permanently lowers the corporate tax rate to 21 percent from the existing maximum rate of 35 percent, subjecting foreign earnings in excess of an allowable return to U.S. taxation, adopting a territorial tax regime and imposing a one-time transitional tax on deemed repatriated earnings of foreign subsidiaries (“repatriation tax), effective for tax years including or commencing January 1, 2018. As a result of the reduction of the corporate tax rate to 21 percent, U.S. generally accepted accounting principles require companies to revalue their deferred tax assets and liabilities with resulting tax effects accounted for in the reporting period of enactment. The Company estimates that the change in tax rate will have an impact of $2.8 million, while the Company estimates the repatriation tax will have an impact of $5.0 million, based on $9.0 million of income tax, offset by foreign tax credits of $4.0 million. The Tax Act reduces the corporate tax rate to 21 percent, effective January 1, 2018. Consequently, the Company has recorded a decrease related to Deferred Tax Assets of $2.8 million, with a corresponding net adjustment to deferred income tax expense of $2.8 million for the year ended December 31, 2017. While the Company is able to make a reasonable estimate of the impact of the reduction in corporate rate, it may be affected by other analyses related to the Tax Act, including, but not limited to, the calculation of deemed repatriation of deferred foreign income and the state tax effect of adjustments made to federal temporary differences. The Deemed Repatriation Transition Tax (Transition Tax) is a tax on previously untaxed accumulated and current earnings and profits (E&P) of certain of the Company’s foreign subsidiaries. To determine the amount of the Transition Tax, the Company must determine, in addition to other factors, the amount of post-1986 E&P of the relevant subsidiaries, as well as the amount of non-U.S. income taxes paid on such earnings. The Company is able to make a reasonable estimate of the Transition Tax and recorded a provisional Transition Tax obligation of $5.0 million. However, the Company is continuing to gather additional information to more precisely compute the amount of the Transition Tax. The Tax Act creates a new requirement that certain income (i.e., GILTI) earned by controlled foreign corporations (CFCs) must be included currently in the gross income of the CFCs’ U.S. shareholder. Because of the complexity of the new GILTI tax rules, the Company is continuing to evaluate this provision of the Tax Act and the application of ASC 740. Under U.S. GAAP, the Company is allowed to make an accounting policy choice of either (1) treating taxes due on future U.S. inclusions in taxable income related to GILTI as a current-period expense when incurred (the “period cost method”) or (2) factoring such amounts into a company’s measurement of its deferred taxes (the “deferred method”). The Company selected the period cost method. Because whether the Company expects to have future U.S. inclusions in taxable income related to GILTI depends on not only its current structure and estimated future results of global operations but also its intent and ability to modify its structure and/or its business, the Company is not yet able to reasonably estimate the effect of this provision of the Tax Act. The Tax Act also repealed corporate AMT for tax years beginning after December 31, 2017. AMT credit carryforwards that have not yet been used may be refunded in future years even though no income tax liability exists or continue to offset any regular income tax liability in years 2018 through 2020. The Company has continued to present the AMT credit carryforwards as a deferred tax asset until the period in which amounts are determined to be recoverable as a refund. The Company also recognized a provisional reduction to net deferred tax assets of $0.7 million attributable to the accelerated depreciation for certain assets placed into service after September 27, 2017. This provisional adjustment resulted in a decrease in income tax payable of $1.1 million. The income tax effects for this position requires further analysis due to the volume of data required to complete the calculations, and the Company expects to complete that analyses in the second half of 2018. In connection with the Company’s initial analysis of the impact of the Tax Act and based on its best estimate of the impact of the Tax Act in the Company’s year end income tax provision in accordance with its understanding of the Act and guidance available as of the date of this filing, the Company does not expect other provisions of the Act, such as the BEAT provisions, interest limitations, and NOL limitations to have a material impact on the financial statements. |