Income Taxes | 22. Income Taxes Effective Income Tax Rate – Three and Nine Months Ended September 30, 2020 The Company’s effective income tax rate during the three months ended September 30, 2020 of 123.7% resulted in income tax expense of $1,408. The tax rate differs from the federal statutory tax rate of 21% primarily due to a non-deductible The Company’s effective income tax rate for the nine months ended September 30, 2020 of 7.4% resulted in an income tax benefit of $1,767. The tax rate differs from the federal statutory rate of 21% primarily due to a valuation allowance on capital losses, a non-deductible non-taxable gain recognized upon sale of the Canadian ETF business in the first quarter, a tax benefit of $ recognized in connection with the release of a deferred tax asset valuation arising from our debt previously held in the United Kingdom and a lower tax rate on foreign earnings. Effective Income Tax Rate – Three and Nine Months Ended September 30, 2019 The Company’s effective income tax rate during the three months ended September 30, 2019 of 51.9% resulted in income tax expense of $4,483. The tax rate differs from the federal statutory tax rate of 21% primarily due to a valuation allowance on foreign net operating losses, a non-deductible non-deductible The Company’s effective income tax rate during the nine months ended September 30, 2019 of 31.2% resulted in income tax expense of $7,021. The tax rate differs from the federal statutory tax rate of 21% primarily due to a valuation allowance on foreign net operating losses, a non-deductible Deferred Tax Assets A summary of the components of the Company’s deferred tax assets at September 30, 2020 and December 31, 2019 are as follows: September 30, 2020 December 31, 2019 Deferred tax assets: Capital losses $ 16,734 $ 8,226 Operating lease liabilities 5,096 5,529 Interest carryforwards 2,582 2,615 NOLs – International 2,069 6,721 Accrued expenses 1,992 4,054 Stock-based compensation 1,793 1,754 Goodwill and intangible assets 1,526 1,671 NOLs – U.S. 514 642 Outside basis differences 123 123 Other 110 218 Deferred tax assets 32,539 31,553 Deferred tax liabilities: Right of use assets – operating leases 4,038 4,400 Fixed assets and prepaid assets 1,328 1,326 Allocated equity component of convertible note 1,132 — Unrealized gains — 744 Deferred tax liabilities 6,498 6,470 Total deferred tax assets less deferred tax liabilities 26,041 25,083 Less: valuation allowance (18,926 ) (17,685 ) Deferred tax assets, net $ 7,115 $ 7,398 Net Operating and Capital Losses – U.S . The Company’s tax effected net operating losses (“NOLs”) at September 30, 2020 were $514 which expire in 2024. The net operating loss carryforwards have been reduced by the impact of annual limitations described in the Internal Revenue Code Section 382 that arose as a result of an ownership change. The Company’s tax effected capital losses at September 30, 2020 and December 31, 2019 were $16,734 and $8,226, respectively. The change in capital losses is due to the impairment recognized on the Company’s financial interests in AdvisorEngine (Note 7) and a capital loss recognized upon sale of the Canadian ETF business. Net Operating Losses and Interest Carryforwards – International Certain of the Company’s European subsidiaries generated NOLs and interest carryforwards outside the U.S. These tax effected NOLs and interest carryforwards were $4,651 and $9,336 at September 30, 2020 and December 31, 2019, respectively. All of these amounts are carried forward indefinitely. The reduction in NOLs was due to the sale of the Company’s Canadian ETF business, which occurred on February 19, 2020 (Note 25). Valuation Allowance During the nine months ended September 30, 2020, the Company reduced the valuation allowance on its deferred tax assets by $2,842 associated with interest carryforwards in the United Kingdom. The Company has determined that it is more likely than not that these interest carryforwards will be utilized as the Company extinguished its term loan on June 16, 2020 and is therefore no longer accumulating non-deductible T The Company’s remaining valuation allowance has been established on its capital losses, international net operating losses and outside basis differences as it is more-likely-than-not Coronavirus Aid, Relief, and Economic Security Act of 2020 (the “CARES Act”) On March 27, 2020, the CARES Act was enacted in response to the COVID-19 non-income Uncertain Tax Positions Tax positions are evaluated utilizing a two-step more-likely-than-not In connection with the ETFS Acquisition, the Company accrued a liability for uncertain tax positions and interest and penalties at the acquisition date. The table below sets forth the aggregate changes in the balance of these gross unrecognized tax benefits during the three and nine months ended September 30, 2020: Total Unrecognized Interest and Balance on January 1, 2020 $ 32,101 $ 25,998 $ 6,103 Decrease—Lapse (1) (5,981 ) (4,620 ) (1,361 ) Increases 76 — 76 Foreign currency translation (2) (1,767 ) (1,432 ) (335 ) Balance at March 31, 2020 $ 24,429 $ 19,946 $ 4,483 Increases 76 — 76 Foreign currency translation (2) (141 ) (115 ) (26 ) Balance at June 30, 2020 $ 24,364 $ 19,831 $ 4,533 Increases 81 — 81 Foreign currency translation (2) 1,057 860 197 Balance at September 30, 2020 $ 25,502 $ 20,691 $ 4,811 (1) Recorded as an income tax benefit of $5,981 during the nine months ended September 30, 2020, along with an equal and offsetting amount recorded in other gains and losses, net, to recognize a reduction in the indemnification asset. During the nine months ended September (2) The gross unrecognized tax benefits were accrued in British pounds. The Company also recorded an offsetting indemnification asset provided by ETFS Capital as part of its agreement to indemnify the Company for any potential claims, for which an amount is being held in escrow. ETFS Capital has also agreed to provide additional collateral by maintaining a minimum working capital balance up to a stipulated amount. The gross unrecognized tax benefits and interest and penalties totaling $25,502 and $32,101 at September 30, 2020 and December 31, 2019, respectively, are included in other non-current At September 30, 2020, there were $25,502 of unrecognized tax benefits (including interest and penalties) that, if recognized, would impact the effective tax rate. The recognition of any unrecognized tax benefits would result in an equal and offsetting adjustment to the indemnification asset which would be recorded in income before taxes due to the indemnity for any potential claims. Income Tax Examinations The Company is subject to U.S. federal income tax as well as income tax of multiple state, local and certain foreign jurisdictions. The Company’s federal tax return and ManJer’s tax return (a Jersey-based subsidiary) for the year ended December 31, 2016 is currently under review by the relevant tax authorities. The Company is indemnified by ETFS Capital for any potential exposure associated with ManJer’s tax return under audit. The Company is not currently under audit in any other income tax jurisdictions. As of September 30, 2020, with few exceptions, the Company was no longer subject to income tax examinations by any taxing authority for years before 2016. Undistributed Earnings of Foreign Subsidiaries Due to the imposition of the Global Intangible Low-Taxed |