Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.1.9
Income Taxes
12 Months Ended
Dec. 31, 2014
Income Taxes  
Income Taxes

 

10. Income Taxes

        Income before income tax provision was generated in the following jurisdictions:

                                                                                                                                                                                    

 

 

Year ended December 31,

 

 

 

2014

 

2013

 

2012

 

Current:

 

 

 

 

 

 

 

 

 

 

Domestic

 

$

21,437 

 

$

4,074 

 

$

2,702 

 

Foreign

 

 

1,070 

 

 

1,638 

 

 

366 

 

​  

​  

​  

​  

​  

​  

 

 

$

22,507 

 

$

5,712 

 

$

3,068 

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        The components of the income tax provision charged to operations are summarized as follows:

                                                                                                                                                                                    

 

 

Year ended December 31,

 

 

 

2014

 

2013

 

2012

 

Current:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

11,244

 

$

3,432

 

$

1,280

 

State

 

 

1,389

 

 

699

 

 

235

 

Foreign

 

 

535

 

 

468

 

 

946

 

​  

​  

​  

​  

​  

​  

 

 

 

13,168

 

 

4,599

 

 

2,461

 

​  

​  

​  

​  

​  

​  

Deferred:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(3,662

)

$

(2,059

)

$

(48

)

State

 

 

(858

)

 

(492

)

 

170

 

Foreign

 

 

(120

)

 

4

 

 

20

 

​  

​  

​  

​  

​  

​  

 

 

 

(4,640

)

 

(2,547

)

 

142

 

​  

​  

​  

​  

​  

​  

Total

 

$

8,528

 

$

2,052

 

$

2,603

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        Net deferred tax assets (liabilities) consist of the following :  

 

                                                                                                                                                                                    

 

 

At December 31,

 

 

 

2014

 

2013

 

Current:

 

 

 

 

 

 

 

Deferred revenue

 

$

440

 

$

 

Prepaid expenses and accruals

 

 

95

 

 

135

 

Net operating loss and tax credit carryforwards

 

 

4,119

 

 

2,702

 

​  

​  

​  

​  

Total current deferred tax assets

 

 

4,654

 

 

2,837

 

Less valuation allowance—current

 

 

 

 

(375

)

​  

​  

​  

​  

Net current deferred tax assets

 

 

4,654

 

 

2,462

 

​  

​  

​  

​  

Non-current:

 

 

 

 

 

 

 

Deferred rent and lease incentives

 

 

3,412

 

 

2,017

 

Net operating loss and tax credit carryforwards

 

 

18,844

 

 

14,210

 

Property and equipment and intangible assets

 

 

(20,033

)

 

(10,193

)

Stock-based compensation expense

 

 

8,175

 

 

5,004

 

Convertible notes

 

 

(10,255

)

 

 

Other

 

 

422

 

 

(294

)

​  

​  

​  

​  

Total long-term deferred tax assets

 

 

565

 

 

10,744

 

Less valuation allowance—non-current

 

 

 

 

(2,377

)

​  

​  

​  

​  

Net long-term deferred tax assets

 

 

565

 

 

8,367

 

​  

​  

​  

​  

Total deferred tax assets

 

$

5,219

 

$

10,829

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

 

        The valuation allowance for net deferred tax assets as of December 31, 2014 and 2013 was $0 and $2,752, respectively. The valuation allowance as of December 31, 2013 was related to capital losses of $2,085 and federal and state net operating losses of $667. In assessing the realizability of deferred tax assets, management considers whether it is more-likely-than-not that some or all of the deferred tax assets will be realized.

        The ultimate realization of deferred tax assets depends on the generation of future taxable income during the periods in which net operating losses and temporary differences are deductible. Management considers the scheduled reversal of deferred tax assets and liabilities (including the impact of available carryback and carryforward periods), projected taxable income, and tax-planning strategies in making this assessment. In order to fully realize the deferred tax assets, the Company will need to generate sufficient taxable income before the expiration of the deferred tax assets governed by the tax code. Based on the level of taxable income and projections for future taxable income over the periods for which the net operating losses are available and deferred tax assets are deductible, management believes that it is more-likely-than-not that, in consideration of its recorded valuation allowance, it will realize the benefits of the net operating losses and any other deferred tax assets. The amount of the deferred tax assets considered realizable however, could be reduced in the near term if estimates of future taxable income during the carryforward period are reduced.

        Upon exercise of stock options, the Company recognizes any difference between GAAP compensation expense and compensation expense for income tax purposes as a tax windfall or shortfall. The difference is charged to equity in the case of a windfall. When the exercise results in a windfall and the windfall results in a net operating loss ("NOL"), or the windfall increases an NOL carryforward, no windfall is recognized until the deduction reduces income taxes payable. For GAAP purposes, the Company has recognized all previously suspended windfall tax benefits because they were utilized on the Company's 2012 and 2013 tax returns to reduce taxes payable. The Company has recognized all current windfall tax benefits because they will be utilized on the Company's 2014 tax return to reduce taxes payable. The benefits were recorded in stockholders' equity, and as such, do not impact the Company's effective tax rate.

        The expected tax provision calculated at the statutory U.S. federal rate differs from the actual provision as follows:

                                                                                                                                                                                    

 

 

Year ended December 31,

 

 

 

2014

 

2013

 

2012

 

Tax provision, at U.S. federal statutory tax rate

 

$

7,878

 

$

1,942

 

$

1,043

 

State income tax, net of federal tax benefit

 

 

648

 

 

149

 

 

64

 

Effect of permanent items

 

 

552

 

 

581

 

 

414

 

Effect of return to provision adjustment

 

 

(127

)

 

(733

)

 

(81

)

Change in valuation allowance

 

 

(2,085

)

 

 

 

(620

)

Capital loss write-off due to carryforward period expiration

 

 

2,085

 

 

 

 

 

Effect of change in federal and state income tax rate

 

 

(54

)

 

 

 

691

 

Uncertain tax positions

 

 

138

 

 

1,016

 

 

1,105

 

Foreign income taxes

 

 

 

 

(328

)

 

(93

)

Effect of repatriation of foreign earnings

 

 

 

 

582

 

 

 

Research and development credits

 

 

(1,564

)

 

(1,246

)

 

 

Federal and state NOL adjustments, net of valuation allowance impact

 

 

745

 

 

 

 

 

Other

 

 

312

 

 

89

 

 

80

 

​  

​  

​  

​  

​  

​  

Income tax provision

 

$

8,528

 

$

2,052

 

$

2,603

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        At December 31, 2014, the Company had NOL carryforwards for federal income tax purposes of $55,671 which are available to offset future federal taxable income, if any, and expire through 2031. As of December 31, 2014 we had NOL carryforwards for state income tax purposes of $36,586, available to reduce future income subject to income taxes. The state NOL carryforwards expire through 2031.

        In addition, the Company has alternative minimum tax credit carryforwards of approximately $875 for federal and $22 for California, which are available to reduce future federal regular income taxes, if any, over an indefinite period. The Company also has research and development credit carryforwards of approximately $534 for federal and $675 for California.

        A reconciliation of the beginning and ending amount of unrecognized tax benefit is as follows:

                                                                                                                                                                                    

 

 

Year ended December 31,

 

 

 

2014

 

2013

 

2012

 

Unrecognized tax benefits balance at beginning of year

 

$

2,058

 

$

1,097

 

$

364

 

Additions based on tax positions related to the current year

 

 

365

 

 

181

 

 

517

 

Additions based on tax positions related to prior years

 

 

142

 

 

1,045

 

 

474

 

Reductions for settlements with taxing authorities related to prior years

 

 

(261

)

 

(56

)

 

 

Reductions for lapses of statute of limitations

 

 

(212

)

 

(209

)

 

(258

)

​  

​  

​  

​  

​  

​  

Unrecognized tax benefits balance at end of year

 

$

2,092

 

$

2,058

 

$

1,097

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        At December 31, 2014, the amount of unrecognized tax benefits that would benefit the Company's effective tax rate, if recognized, was $1,973. The Company estimates it is reasonably possible that the liability for unrecognized tax benefits will decrease by as much as $1,469 in the next twelve months due to the completion of reviews by tax authorities, the voluntary filing of certain state income taxes and the expiration of certain statutes of limitations.

        The Company filed voluntary disclosure agreements with six states during 2013 to limit the exposure to state income taxes in states where the Company had not filed tax returns. As of December 31, 2014, three of the six states have executed their agreements and one state has closed the requested voluntary disclosure agreement due to immateriality of the Company's past tax liabilities. The Company has filed the required returns for three of the states with executed agreements. It is management's belief that the remainder of these agreements will be settled within the next twelve months.

        The Company recognizes potential interest and penalties related to unrecognized tax benefits in income tax expense. For the years ended December 31, 2014, 2013 and 2012, income tax expense/(benefit) includes ($41), $33, and $448, respectively, of potential interest and penalties related to unrecognized tax benefits. The Company had accrued interest and penalties of $594 and $636 as of December 31, 2014 and 2013, respectively.

        The Company files a consolidated federal income tax return and separate tax returns with various states. Additionally, foreign subsidiaries of the Company file tax returns in foreign jurisdictions. The Company's tax returns for the calendar years ended December 31, 2013, 2012, and 2011 remain open to examination by the Internal Revenue Service in their entirety. The Company is currently under audit with the Internal Revenue Service for the year ended December, 31, 2012. With respect to state taxing jurisdictions, the Company's tax returns for calendar years ended 2009 through 2013 remain open to examination by various state revenue services.

        The Company's Indian subsidiary is currently under examination by the India Tax Authority for the fiscal years ended March 31, 2011 and 2012. Based on the outcome of examinations of our subsidiary or the result of the expiration of statutes of limitations it is reasonably possible that the related unrecognized tax benefits could change from those recorded in the consolidated balance sheet. It is possible that one or more of these audits may be finalized within the next twelve months.