Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.6.0.2
Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
The domestic and foreign components of income (loss) before income taxes were as follows:
 
 
Year Ended December 31,
 
 
2016
 
2015
 
2014
 
 
(in thousands)
Domestic
 
$
23,817

 
$
(15,777
)
 
$
(18,768
)
Foreign
 
3,669

 
2,713

 
2,161

Total
 
$
27,486

 
$
(13,064
)
 
$
(16,607
)

Our income tax expense (benefit) consisted of the following components:
 
 
Year Ended December 31,
 
 
2016
 
2015
 
2014
 
 
(in thousands)
Current:
 
 
 
 
 
 
Federal
 
$
401

 
$
162

 
$

State
 
756

 
797

 
437

Foreign
 
449

 
414

 
550

Total current income tax expense
 
1,606

 
1,373

 
987

Deferred:
 
 
 
 
 
 
Federal
 
9,055

 
(5,075
)
 
(6,611
)
State
 
235

 
156

 
(460
)
Foreign
 
(60
)
 
(300
)
 
(249
)
Total deferred income tax expense (benefit)
 
9,230

 
(5,219
)
 
(7,320
)
Total income tax expense (benefit)
 
$
10,836

 
$
(3,846
)
 
$
(6,333
)

The reconciliation of our income tax expense (benefit) computed at the U.S. federal statutory tax rate to the actual income tax expense (benefit) is as follows:
 
 
Year Ended December 31,
 
 
2016
 
2015
 
2014
 
 
(in thousands)
Expense derived by applying the Federal income tax rate to income (loss) before income taxes
 
$
9,620

 
$
(4,572
)
 
$
(5,813
)
State income tax, net of federal benefit
 
735

 
561

 
(177
)
Foreign income tax
 
(922
)
 
(813
)
 
(477
)
Benefit of assets not previously recognized
 

 

 
(516
)
Nondeductible expenses
 
545

 
418

 
454

Fair value adjustment on stock acquisition
 
150

 
(52
)
 
(28
)
Stock-based expense
 
285

 
209

 
223

Reduction in available Federal NOL
 
255

 
350

 

Other
 
168

 
53

 
1

Total income tax expense (benefit)
 
$
10,836

 
$
(3,846
)
 
$
(6,333
)

Deferred income taxes reflect the net tax effect of temporary differences between the carrying amounts of our assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of our deferred tax assets and liabilities are as follows:
 
 
December 31,
 
 
2016
 
2015
 
 
(in thousands)
Deferred tax assets:
 
 
 
 
Reserves, deferred revenue and accrued liabilities
 
$
22,518

 
$
8,107

Stock-based expense
 
17,184

 
15,112

Net operating loss carryforwards and tax credits
 
16,193

 
13,733

Total deferred tax assets
 
55,895

 
36,952

Deferred tax liabilities:
 
 
 
 
Property, equipment, and software
 
(25,626
)
 
(10,041
)
Intangible assets
 
(10,514
)
 
(11,563
)
Other
 
(4,090
)
 
(3,297
)
Total deferred tax liabilities
 
(40,230
)
 
(24,901
)
Net deferred tax assets
 
$
15,665

 
$
12,051


We periodically evaluate the realizability of our deferred tax assets. If we determine that it is more likely than not that all or a portion of such assets are not realizable, we provide a valuation allowance against the assets. We determined that no valuation allowance was required at December 31, 2016 or 2015. The determination of the level of valuation allowance, if any, required at any time is based on a forecast of future taxable income that includes many judgments and assumptions. Accordingly, it is at least reasonably possible that future changes in one or more assumptions may lead to a change in judgment regarding the level of valuation allowance required in future periods.
The acquisition of the stock of NWP in March 2016 resulted in an additional net deferred tax asset of $11.2 million. This net asset includes approximately $9.6 million related to additional deferred tax assets from federal NOLs and $0.3 million related to state NOLs; $3.3 million related to property, equipment, and software; inventory and accrued expenses; and $2.0 million of deferred tax liability related to intangibles.
The acquisition of the stock of AssetEye in May 2016 resulted in additional deferred tax liabilities of $0.9 million related to intangibles. The company had no federal or state NOL carryovers.
Our tax-effected federal and state NOL carryforwards of $13.4 million and $1.5 million, respectively, and our combined federal and state tax credits of $1.3 million comprise a major component of our deferred tax assets. If not used, the underlying gross federal NOLs totaling $38.3 million will begin to expire in 2022 and the underlying state NOLs totaling $19.4 million will begin to expire in 2017, with less than $5.0 million expiring in the next five years. Approximately $0.1 million of our credits expire in 2026, and the balance has no expiration date.
In addition to the NOLs just described, we also have gross federal and state NOLs of $120.6 million and $41.2 million, respectively, for which we have not recognized benefit for financial reporting purposes. These unrecognized NOLs result from the excess of stock-based compensation deductions for tax return purposes over the expense recognized for financial reporting purposes that has not yet been realized in actual tax returns. The benefit from these excess stock compensation federal and state NOLs of approximately $42.2 million and $1.9 million, respectively, less any valuation reserve determined to be required, will be credited to retained earnings upon the Company's adoption of ASU 2016-09 effective January 1, 2017. We use the "with-and-without" method, as described in ASC 740, for purposes of determining when excess tax benefits have been realized. In 2016 and 2015, we recognized excess stock compensation benefits from NOLs of $3.1 million and $0.4 million, respectively.
Net operating losses that we have generated are not currently subject to the Section 382 limitation; however, $37.6 million of net operating losses generated by our subsidiaries prior to our acquisition of them are subject to the Section 382 limitation. The limitation on these pre-acquisition net operating loss carryforwards will fully expire in 2035. A cumulative change in ownership among material shareholders, as defined in Section 382 of the Internal Revenue Code, during a three years period also may limit utilization of the federal net operating loss carryforwards.
Our subsidiary in Hyderabad, India benefited from a tax holiday granted under the Software Technology Parks of India program that began upon commencement of business operations in 2008 and continued through March 31, 2011. During this holiday period, we were required to pay a minimum alternative tax which was available to reduce our post-holiday tax liability. Effective July 8, 2013, this subsidiary began to benefit from a tax holiday under the Special Economic Zone program. This benefit was initially granted for a five years period and applies to a portion of our operations in this location. The expiration of this tax holiday will increase our effective income tax rate. As a result of this tax holiday, the Company realized tax savings of $0.2 million, $0.4 million, and $0.2 million for the years ended December 31, 2016, 2015, and 2014, respectively.
Our subsidiary in Manila, Philippines has benefited from Philippines income tax holiday incentives pursuant to registration with the Philippine Economic Zone Authority ("PEZA"). We have four PEZA projects that have their own income tax holiday, and applications had to be made for each project. Each PEZA project has an income tax holiday that extends past December 31, 2016, except for one that expired on November 30, 2016. This project application was not renewed; therefore, we have to pay Philippine income tax on the net income for the month of December 2016. The expiration of this tax holiday will increase our effective tax rate in 2017 approximately 0.2%. Tax savings realized under the Philippine tax holiday incentives were $0.4 million, $0.3 million, and $0.2 million for the years ended December 31, 2016, 2015, and 2014, respectively.
We have recognized no provision for U.S federal and state income taxes on undistributed earnings of our foreign subsidiaries totaling approximately $9.5 million as such earnings are expected to be reinvested and are considered permanent in duration. If these earnings were ultimately distributed to the U.S. in the form of dividends or otherwise, or if the shares of the subsidiaries were sold or transferred, we would likely be subject to additional U.S. income taxes, net of the impact of any available foreign tax credits of up to $2.4 million.
Uncertain Tax Positions
At December 31, 2016 and 2015, we had no unrecognized tax benefits. Our policy is to include interest and penalties related to unrecognized income tax benefits in income tax expense, and as of December 31, 2016 and 2015, there were no accrued interest and penalties.
We file consolidated and separate tax returns in the U.S. federal jurisdiction and five foreign jurisdictions. We are no longer subject to U.S. federal income tax examinations for years before 2013 and are no longer subject to state and local income tax examinations by tax authorities for years before 2012; however, net operating losses from all years continue to be subject to examinations and adjustments for at least three years following the year in which the attributes are used.
Our subsidiary, RealPage India Private Limited ("RealPage India"), is currently undergoing an income tax examination for the fiscal years beginning April 1, 2011 and April 1, 2012. The India income tax authorities have assessed RealPage India additional tax and interest of $0.2 million in total for both years. We believe the assessments are incorrect and plan to appeal the decision to the India Commissioner of Income Tax. RealPage India is also under audit for the financial year beginning April 1, 2013, but no assessment has been made at this time.
In July 2015, the Company filed amended 2012 and 2013 income tax returns for selected states to correct certain items that were improperly deducted, as determined by the Company subsequent to the initial filings. The primary effect of the amended returns was an immaterial increase in our current state income tax liability and a reduction of our state net operating loss deferred tax asset, net of federal benefit, of approximately $0.6 million.