Income Taxes | Note 11. Income Taxes On December 22, 2017, the U.S. government enacted the Tax Act, reducing the federal tax rate on U.S. earnings to 21%, effective January 1, 2018, and moves from a global taxation regime to a modified territorial regime. Given the significant complexity of the Tax Act, anticipated guidance from the U.S. Treasury about implementing the Tax Act, and the potential for additional guidance from the Securities and Exchange Commission or the Financial Accounting Standards Board related to the Tax Act, we will continue to evaluate the accounting for the tax effects related to the enactment of the Tax Act. As of December 31, 2017, we have made a reasonable estimate of the effects of the Tax Act on our existing deferred tax balances and the one-time transition tax as described below. We recognized a net income tax benefit of $45,019 in the year ended December 31, 2017 associated with the revaluation of our net deferred tax liabilities based on a U.S. federal tax rate of 21% of $46,600 offset by the one-time transition tax expense of $1,581 on our unremitted foreign earnings and profits which we have elected to pay in the current year. As part of our analysis, a tax credit carryforward of $1,174 was identified and a full valuation allowance was established. Although we believe this represents a reasonable estimate of the impact of the income tax effects of the Tax Act, it should be considered provisional as of December 31, 2017. Upon completion of our 2017 U.S. tax return, we will be able to conclude whether any further adjustments are required to our deferred tax liabilities, as well as the liability associated with the one-time mandatory tax. Any adjustments to these provisional amounts will be reported as a component of tax (benefit) expense in the reporting period in which any such adjustments are determined, which will be no later than the fourth quarter of 2018. While the Tax Act provides for a modified territorial regime, effective January 1, 2018, it includes a new U.S. tax base erosion provision, the global intangible low-taxed income (“GILTI”) tax. Although we do not expect that we will be subject to any material incremental U.S. tax on GILTI income in 2018, we have elected to account for any potential GILTI tax in the period in which it is incurred, and therefore have not provided any deferred income tax impacts of GILTI for the year ended December 31, 2017. Total income tax (benefit) expense for the years ended December 31, 2017, 2016, and 2015 was as follows: Year ended December 31, 2017 2016 2015 Income tax (benefit) expense from continuing operations $ (11,773) $ 20,970 $ 14,401 Income tax expense from discontinued operations — — 341 Total income tax (benefit) expense $ (11,773) $ 20,970 $ 14,742 For the years ended December 31, 2017, 2016, and 2015, income from continuing operations before income taxes includes the following components: Year ended December 31, 2017 2016 2015 U.S. operations $ 122,952 $ 66,838 $ 27,605 Foreign operations 3,478 2,984 100 Income before income taxes $ 126,430 $ 69,822 $ 27,705 The income tax (benefit) expense that is attributable to income from continuing operations before income taxes included in our Consolidated Statements of Comprehensive Income for the years ended December 31, 2017, 2016, and 2015 consisted of the following: Year ended December 31, 2017 2016 2015 Current: U.S. federal $ 26,509 $ 26,734 $ 20,382 State and local 1,679 613 4,822 Foreign 1,680 1,358 1,029 Current income tax expense 29,868 28,705 26,233 Deferred U.S. federal (42,430) (5,858) (12,584) State and local (304) (1,825) 798 Foreign 1,093 (52) (46) Deferred income tax benefit (41,641) (7,735) (11,832) Total income tax (benefit) expense $ (11,773) $ 20,970 $ 14,401 The factors accounting for the variation in our overall effective tax rates from continuing operations compared to U.S. statutory income tax rates for the years ended December 31, 2017, 2016, and 2015 were as follows: Year ended December 31, 2017 2016 2015 Federal income tax expense at the statutory rate $ 44,250 $ 24,438 $ 9,697 State and local taxes, net of federal benefit 1,657 556 3,922 Non-deductible costs 1,197 779 1,070 Stock-based compensation (11,985) (4,000) — Unrecognized tax positions (532) (1,397) 508 U.S. Tax Act benefit, net (45,019) — — Other (1,341) 594 (796) Total income tax (benefit) expense $ (11,773) $ 20,970 $ 14,401 Our effective income tax rate from continuing operations was (9.3%), 30.0% and 52.0% for the years ended December 31, 2017, 2016, and 2015, respectively. The decrease in the effective tax rate for the year ended December 31, 2017 compared to December 31, 2016 is primarily due to a $45,019 tax benefit as a result of the remeasurement of deferred tax liabilities of $46,600, offset by a $1,581 estimated repatriation tax charge. In addition, for the year ended December 31, 2017, we recorded a $11,985 net tax benefit consisting of $15,017 of federal excess tax benefits associated with the exercise of stock options offset by $3,032 of income tax expense associated with the nondeductible restricted stock issued in connection with the RowdMap Acquisition. The decrease in the effective tax rate for the year ended December 31, 2016 compared to December 31, 2015 is primarily due to a $1,300 state tax benefit related to the settlement of an uncertain tax position that was recorded in a prior period, a $4,000 excess tax benefit related to stock option exercises resulting from the early adoption of ASU 2016-09 and a $1,122 state tax benefit from the implementation of certain tax planning. In general, it is our practice and intention to reinvest the earnings of our non branch foreign subsidiaries in those operations on an indefinite basis. For the years ended December 31, 2016 and 2015, the amounts considered indefinitely reinvested were $8,065 and $5,910, respectively. If the earnings were not considered indefinitely reinvested under prior law, the tax on such earnings would be approximately $1,891 and $1,386 for the years ended December 31, 2016, and 2015, respectively. In light of the Tax Act, companies are required to pay tax on historical earnings that have not been repatriated to the U.S. For year ended December 31, 2017, the amount considered indefinitely reinvested was provisionally estimated at $8,739, and the foreign taxes on such earnings is provisionally estimated at $1,581. The net deferred taxes below are included on our Consolidated Balance Sheets as a long-term net deferred tax liability of $83,048 at December 31, 2017 and a long-term net deferred tax liability of $120,533 at December 31, 2016. The components of our deferred tax assets and liabilities as of December 31, 2017 and 2016 are as follows: Year ended December 31, 2017 2016 Deferred tax assets: Allowance for doubtful accounts and estimated allowance for refunds and appeals $ 21,829 $ 34,794 Accrued compensation 929 2,185 Deferred rent 194 149 Stock-based compensation 6,045 10,381 Tax credit and net operating loss carryforward 3,420 652 Other deductible temporary differences 2,333 5,077 Gross deferred tax assets 34,750 53,238 Less: valuation allowance (1,847) (199) Total deferred tax assets 32,903 53,039 Deferred tax liabilities: Unbilled receivables and other liabilities (1,206) (2,307) Intangibles and goodwill (103,203) (154,528) Property and equipment (4,738) (10,795) Software development costs (5,868) (2,603) Other taxable temporary differences (936) (3,339) Total gross deferred tax liabilities (115,951) (173,572) Net deferred tax liability $ (83,048) $ (120,533) We have federal net operating loss carryforwards of $1,197 which will expire in 2029. In addition, we have a foreign net operating loss of $3,695 with an unlimited carryforward. All state net operating losses were utilized in the prior year. Additionally, we generated state tax credit carryforwards of $1,322, which are anticipated to be fully utilized before expiration. As of December 31, 2017 and 2016, a valuation allowance of $1,847 and $199, respectively, has been recorded to reflect the portion of the deferred tax asset that is not more likely than not to be realized. The increase in the valuation allowance relates to cumulative foreign net operating losses for 2017, as well as foreign tax credit carryforwards relating to the Tax Act. The amount of the deferred tax asset considered realizable, however, could be adjusted if estimates of future taxable income during the carryforward period are reduced or increased or if objective negative evidence in the form of cumulative losses is no longer present and additional weight may be given to subjective evidence such as our projections for growth. Due to change of ownership provisions in the Internal Revenue Code, use of a portion of our domestic net operating loss and tax credit carryforwards will be limited in future periods. Further, a portion of the carryforwards may expire before being applied to reduce future income tax liabilities. ASC 740 clarifies the accounting and reporting for uncertainties in income tax law. This interpretation prescribes a comprehensive model for financial statement recognition measurement, presentation and disclosure of uncertain tax positions taken or expected to be taken in income tax returns. ASC 740 requires that the tax effects of an uncertain tax position be recognized only if it is “more likely than not” to be sustained by the taxing authority as of the reporting date. A reconciliation of the beginning and ending amount of unrecognized tax benefits at December 31, 2017 and 2016 is as follows: Year ended December 31, 2017 2016 Unrecognized tax benefits — January 1 $ 2,571 $ 4,937 Increase for tax positions taken in prior period 1,186 67 Increase for tax positions taken in current period 385 203 Decrease for tax positions taken in prior period — (508) Decrease for tax positions taken in current period — (43) Decrease related to lapse in statute of limitations (1,836) (96) Decrease related to settlement of positions taken in prior periods (308) (1,989) Unrecognized tax benefits — December 31 $ 1,998 $ 2,571 The majority of the balance of unrecognized tax benefits as of December 31, 2017 and 2016, would affect the effective tax rate if recognized. The total uncertain tax positions expected to reverse in the next 12 months is approximately $81 and $2,301 as of December 31, 2017 and 2016, respectively, due to lapse of statute of limitations. The current year change in uncertain tax positions is primarily the result of the settlement of an uncertain tax position recorded during a prior period as well as lapses in statute of limitations, offset by increases of tax positions taken in a prior period. The total penalty and interest incurred, relating to uncertain tax positions, for years ended December 31, 2017, 2016, and 2015, was $103, $424 and $920, respectively. We include interest and penalties as tax expense in the Consolidated Statements of Comprehensive Income. We file income taxes with the U.S. federal government and various states and foreign jurisdictions. We operate in a number of state and local jurisdictions and as such are subject to state and local income tax examinations based upon various statutes of limitations in each jurisdiction. We are currently under audit by the State of New York for the tax year ended December 31, 2014 and for iHealth Technologies for the tax years ended December 31, 2012, December 31, 2013, May 13, 2014 and December 31, 2014. |