Income Taxes | Note 20 Income Taxes The U.S. Tax Cuts and Jobs Act (“Tax Act”) was enacted in December 2017. The Tax Act significantly changed U.S. tax law by, among other things, lowering the U.S. corporate income tax rate from 35% to 21% effective January 1, 2018, extending the carryforward period for newly generated net operating losses, implementing a territorial tax system, and imposing a one-time transition tax on deemed repatriated earnings of foreign subsidiaries. The SEC staff issued Staff Accounting Bulletin No. 118 (“SAB 118”) to address the application of U.S. GAAP in situations when a registrant did not have the necessary information available, prepared, or analyzed (including computations) in reasonable detail to complete the accounting for certain income tax effects of the Tax Act and allowed the registrant to record provisional amounts during a measurement period not to extend beyond one year of the enactment date. The Company applied this guidance when accounting for the enactment date effects of the Tax Act in 2017, and at December 31, 2017, the Company provided for provisional amounts related to the Tax Act, including, re-measurement of deferred tax assets and liabilities, one-time transition tax, and tax on global intangible low-taxed Income Inclusion (“GILTI”). At December 31, 2018, we have completed our accounting for all of the enactment date income tax effects of the Tax Act, and we recorded an adjustment of a $1,524 tax benefit, which was offset by an adjustment to the Company’s valuation allowance of $1,524 tax expense. The Tax Act provides for a modified territorial tax system with GILTI provisions effective in 2018, which applies an incremental tax on low taxed foreign income. The GILTI provisions require the Company to include in its U.S. income tax return any foreign subsidiary earnings in excess of an allowable return on the foreign subsidiary’s tangible assets. The components of the Company’s income before income taxes are as follows: 2018 2017 2016 Loss before income taxes: Domestic $ (59,233 ) $ (75,965 ) $ (53,868 ) Foreign 16,005 18,444 14,056 Total $ (43,228 ) $ (57,521 ) $ (39,812 ) The components of income tax provision for the years ended December 31, 2018 , 2017 and 2016 are as follows: 2018 2017 2016 Current: U.S. federal $ (5,882 ) $ (83 ) $ (2,110 ) State 286 741 30 Foreign 10,621 12,711 8,099 Total 5,025 13,369 6,019 Deferred: U.S. federal (322 ) — (1,245 ) State 3 1,097 — Foreign (2,671 ) (6,664 ) (5,321 ) Total (2,990 ) (5,567 ) (6,566 ) Total income tax provision (benefit) $ 2,035 $ 7,802 $ (547 ) The overall effective tax rate differs from the statutory federal tax rate for the years ended December 31, 2018 , 2017 and 2016 as follows: % of Pretax Income 2018 2017 2016 Tax provision based on the federal statutory rate 21.0 % 35.0 % 35.0 % Increase in valuation allowances (34.8 ) 48.8 (58.5 ) Global intangible low-taxed income inclusion (6.6 ) — — One-Time transition tax (2.8 ) (16.5 ) — Nondeductible expenses (2.3 ) (3.3 ) (1.1 ) Taxes related to distributions (2.3 ) — — Foreign income tax rate differential (1.5 ) — 3.1 Deemed income related to foreign operations (1.5 ) (4.1 ) (8.4 ) Foreign tax rate change (1.4 ) 2.2 — Employee share-based payments 0.1 (13.2 ) — Other 0.6 2.9 1.7 Deferred tax adjustments 0.9 (1.1 ) 13.0 State taxes, net of federal benefit, before valuation allowance 2.4 1.0 3.9 Return to provision adjustments 2.7 2.0 18.8 Foreign tax credits related to above — — 6.5 Other tax credits 5.1 — — U.S. Tax Cuts and Jobs Act - rate change adjustment 6.4 (65.9 ) — Uncertain tax positions and audit settlements 9.4 (1.4 ) (25.1 ) Foreign exchange loss — — 9.4 Impairment of definite lived intangibles — — 3.1 Effective tax rate (4.6 )% (13.6 )% 1.4 % The difference between the Company's effective tax rate for 2018 and the federal statutory rate was 25.6 percentage points. The difference in the effective rate is primarily due to the impact of the Tax Act, including adjustments related to the Tax Act, the new provisions for GILTI, tax credits, adjustments to uncertain tax positions related to statute of limitations expiration, as well as change in valuation allowances. The difference between the Company’s effective tax rate for 2017 and the federal statutory rate was 48.6 percentage points. The difference in the effective rate is due primarily to the impact of the Tax Act, change in valuation allowances that were recorded during the year, as well as the Company’s foreign income inclusions and employee share-based payments that were previously recognized through other comprehensive income. The difference between the Company’s effective tax rate for 2016 and the federal statutory rate was 33.6 percentage points. The Company recorded nondeductible expenses, including non-deductible goodwill impairment charges and a valuation allowance in the U.S. and certain foreign jurisdictions, which contributed to a difference in the effective tax rate. In 2018, there were no changes to the Company’s valuation allowance assertions. We continue to review results of operations and forecast estimates to determine if it is more likely than not that the deferred tax assets will be realized. During the third quarter of 2017, the Company determined that it is more likely than not that the deferred tax assets related to Phenix Systems would not be realized based on the Company’s review of results from operations and other evidence. During the fourth quarter of 2017, it was determined that it was more likely than not that Layerwise, located in Belgium, would realize benefits based on results from operations and utilization of existing net operating losses. There were no other changes to the Company’s valuation allowance assertions. In 2016, there were no changes to the Company’s valuation allowance assertions. During the fourth quarter of 2015, based upon the Company’s review of results of operations and forecast estimates in connection with the assessment of deferred tax benefits, the Company determined that it is more likely than not that the deferred tax assets in the US and certain foreign jurisdictions will not be realized. The components of the Company’s net deferred income tax assets and net deferred income tax liabilities at December 31, 2018 and 2017 are as follows: (in thousands) 2018 2017 Deferred income tax assets: Intangibles $ 22,530 $ 24,232 Stock options and restricted stock awards 5,916 5,988 Reserves and allowances 15,656 11,308 Net operating loss carryforwards 41,356 35,004 Tax credit carryforwards 13,669 10,908 Accrued liabilities 3,040 3,011 Deferred revenue 5,036 4,629 Valuation allowance (95,398 ) (80,796 ) Total deferred income tax assets 11,805 14,284 Deferred income tax liabilities: Intangibles 6,994 11,301 Property, plant and equipment 5,265 7,304 Liabilities related to distributions 997 — Other 522 642 Total deferred income tax liabilities 13,778 19,247 Net deferred income tax liabilities $ (1,973 ) $ (4,963 ) At December 31, 2018 , $41,356 of the Company’s deferred income tax assets was attributable to $288,959 of gross net operating loss carryforwards, which consisted of $156,685 of loss carryforwards for U.S. federal income tax purposes, $122,497 of loss carryforwards for U.S. state income tax purposes and $9,777 of loss carryforwards for foreign income tax purposes. At December 31, 2017 , $35,004 of the Company’s deferred income tax assets was attributable to $237,186 of gross operating loss carryforwards, which consisted of $115,846 of loss carryforwards for U.S. federal income tax purposes, $101,563 of loss carryforwards for U.S. state income tax purposes and $19,777 of loss carryforwards for foreign income tax purposes. The net operating loss carryforwards for U.S. federal income tax purposes begin to expire in 2035. The net operating loss carryforwards for U.S. state income tax purposes begin to expire in 2019. In addition, certain loss carryforwards for foreign income tax purposes begin to expire in 2019 and certain other loss carryforwards for foreign purposes do not expire. At December 31, 2018 , tax credit carryforwards included in the Company’s deferred income tax assets consisted of $2,934 of research and experimentation credit carryforwards for U.S. federal income tax purposes, $4,049 of research and experimentation tax credit carryforwards for U.S. state income tax purposes, $4,026 of foreign tax credits for U.S. federal income tax purposes, $474 of other U.S. federal tax credits, $915 of research and experimentation tax credit carryforwards for foreign income tax purposes and $729 of other state tax credits. Certain state research and experimentation and other state credits begin to expire in 2021. The Company has recorded a valuation allowance related to the U.S. federal and state tax credits. At December 31, 2017 , tax credit carryforwards included in the Company’s deferred income tax assets consisted of $2,845 of research and experimentation credit carryforwards for U.S. federal income tax purposes, $3,745 of research and experimentation tax credit carryforwards for U.S. state income tax purposes, $3,549 of foreign tax credits for U.S. federal income tax purposes, $474 of other U.S. federal tax credits, $170 of research and experimentation tax credit carryforwards for foreign income tax purposes and $600 of other state tax credits. Certain state research and experimentation and other state credits begin to expire in 2024. The Company has recorded a valuation allowance related to the U.S. federal and state tax credits. Due to the one time transition tax, the Company’s previously unremitted earnings have now been subjected to U.S. federal income tax, although, other additional taxes such as, withholding tax, could be applicable. The Company intends to permanently reinvest its earnings outside the U.S. and as such, it has not provided for any additional taxes on approximately $92,876 of unremitted earnings. The Company believes the unrecognized deferred tax liability related to these earnings is approximately $14,000 . Including interest and penalties, the Company decreased its unrecognized benefits by $8,272 for the year ended December 31, 2018 and increased its unrecognized tax benefits by $2,993 for the year ended December 31, 2017 . The decrease was primarily related to the release of unrecognized tax benefits due to the expiration of statute of limitations. The Company does not anticipate any additional unrecognized tax benefits during the next 12 months that would result in a material change to its consolidated financial position. The Company includes interest and penalties in the Consolidated Financial Statements as a component of income tax expense. Unrecognized Tax Benefits (in thousands) 2018 2017 2016 Balance at January 1 $ (18,310 ) $ (18,251 ) $ (8,296 ) Increases related to prior year tax positions (1,400 ) (4,104 ) (2,658 ) Decreases related to prior year tax positions 8,272 4,045 — Increases related to current year tax positions (1,593 ) — (7,297 ) Balance at December 31 $ (13,031 ) $ (18,310 ) $ (18,251 ) Tax years 2013 and 2014 remain subject to examination by the U.S. Internal Revenue Service for certain credit carryforwards, while 2015 through 2017 remain subject to examination by the U.S. Internal Revenue Service. State income tax returns are generally subject to examination for a period of three to four years after filing the respective tax returns. The impact on such tax returns of any federal changes remains subject to examination by various states for a period of up to one year after formal notification to the states. The Company files income tax returns (which are open to examination beginning in the year shown in parentheses) in Australia ( 2014 ), Belgium ( 2015 ), Brazil ( 2013 ), China ( 2016 ), France ( 2015 ), Germany ( 2015 ), India ( 2014 ), Israel ( 2014 ), Italy ( 2013 ), Japan ( 2013 ), Korea ( 2013 ), Mexico ( 2013 ), Netherlands ( 2013 ), Switzerland ( 2013 ), the United Kingdom ( 2017 ) and Uruguay ( 2013 ). The following presents the changes in the balance of the Company’s deferred income tax asset valuation allowance: Year Ended Item Balance at beginning of year Additions (reductions) charged to expense Other Balance at end of year 2018 Deferred income tax asset valuation allowance $ 80,796 $ 14,602 $ — $ 95,398 2017 Deferred income tax asset valuation allowance 109,913 (28,071 ) (1,046 ) 80,796 2016 Deferred income tax asset valuation allowance 107,312 20,450 (17,849 ) 109,913 |