Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.3.0.15
Income Taxes
12 Months Ended
Sep. 30, 2011
Income Taxes  
Income Taxes

18. Income Taxes

 

The Company’s components of income from continuing operations before income taxes and the corresponding provision for income taxes is as follows (in thousands):

 

 

 

Year ended September 30,

 

 

 

2011

 

2010

 

2009

 

Income from continuing operations before income taxes:

 

 

 

 

 

 

 

United States

 

$

66,842

 

$

66,162

 

$

77,718

 

Foreign

 

59,054

 

42,160

 

11,016

 

Income from continuing operations before income taxes

 

$

125,896

 

$

108,322

 

$

88,734

 

 

 

 

Year ended September 30,

 

 

 

2011

 

2010

 

2009

 

Current provision:

 

 

 

 

 

 

 

Federal

 

$

20,090

 

$

23,712

 

$

5,013

 

State and local

 

4,484

 

5,197

 

1,143

 

Foreign

 

17,422

 

13,188

 

2,266

 

Total current provision

 

41,996

 

42,097

 

8,422

 

Deferred tax expense (benefit):

 

 

 

 

 

 

 

Federal

 

$

1,572

 

$

(1,678

)

$

21,203

 

State and local

 

397

 

(278

)

4,534

 

Foreign

 

(211

)

(1,216

)

734

 

Total deferred tax expense (benefit)

 

1,758

 

(3,172

)

26,471

 

Income tax expense

 

$

43,754

 

$

38,925

 

$

34,893

 

 

The provision for income taxes differs from that which would have resulted from the use of the federal statutory income tax rate as follows (in thousands):

 

 

 

Year ended September 30,

 

 

 

2011

 

2010

 

2009

 

Federal income tax provision at statutory rate of 35%

 

$

44,063

 

$

37,913

 

$

31,057

 

Valuation allowance on net operating loss carryforwards

 

(16

)

(33

)

(330

)

Permanent items

 

314

 

1,263

 

512

 

State income taxes, net of federal benefit

 

3,175

 

3,153

 

3,811

 

Foreign taxes

 

(3,644

)

(2,177

)

(518

)

Other

 

(138

)

(1,194

)

361

 

Income tax expense

 

$

43,754

 

$

38,925

 

$

34,893

 

 

The significant items comprising the Company’s deferred tax assets and liabilities as of September 30, 2011 and 2010 are as follows (in thousands):

 

 

 

As of September 30,

 

 

 

2011

 

2010

 

Deferred tax assets—current:

 

 

 

 

 

Costs deductible in future periods

 

$

9,315

 

$

8,060

 

Deferred revenue

 

12,675

 

13,177

 

Total deferred tax assets—current

 

21,990

 

21,237

 

Deferred tax liabilities—current:

 

 

 

 

 

Accounts receivable—unbilled

 

2,734

 

6,701

 

Other

 

—

 

1,246

 

Total deferred tax liabilities—current:

 

2,734

 

7,947

 

Net deferred tax asset—current

 

$

19,256

 

$

13,290

 

Deferred tax assets—non-current:

 

 

 

 

 

Non-cash equity compensation

 

$

4,012

 

$

4,852

 

Costs deductible in future periods

 

2,567

 

5,093

 

Net operating loss carryforwards

 

1,028

 

1,079

 

Valuation allowance on net operating loss carryforwards

 

(1,028

)

(1,079

)

Deferred contract costs

 

101

 

464

 

Other

 

1,167

 

—

 

Total deferred tax assets—non-current

 

7,847

 

10,409

 

Total deferred tax liabilities—non-current

 

 

 

 

 

Amortization of goodwill and intangible assets

 

3,976

 

2,228

 

Property and equipment

 

10,767

 

6,723

 

Capitalized software

 

4,237

 

4,332

 

Other

 

80

 

228

 

Total deferred tax liability—non-current

 

$

19,060

 

$

13,511

 

Net deferred tax liability—non-current

 

$

11,213

 

$

3,102

 

 

Due to deferred tax assets and liabilities in different tax jurisdictions, the net long-term assets and liabilities are reflected on the accompanying consolidated balance sheet as follows (in thousands):

 

 

 

As of September 30,

 

 

 

2011

 

2010

 

Long-term assets

 

$

732

 

$

1,844

 

Long-term liabilities

 

11,945

 

4,946

 

Net deferred tax liability—non-current

 

$

(11,213

)

$

(3,102

)

 

We do not provide for U.S. income taxes on the undistributed earnings of our foreign subsidiaries, as we consider these to be indefinitely reinvested in the operations of such subsidiaries. If some of these earnings were distributed, some countries may impose withholding taxes; in addition, as foreign taxes have been previously paid on these earnings, we would expect to be entitled to a U.S. foreign tax credit that would reduce the U.S. taxes owed on such distributions. As at September 30, 2011, the approximate amount of cumulative earnings from foreign subsidiaries is $85.0 million. The amount of taxes that may be applicable on earnings planned to be reinvested indefinitely outside the United States is not readily determinable given the various tax planning alternatives the Company could employ should it decide to repatriate these earnings.

 

As of September 30, 2011, the Company had $4.0 million of net operating loss carryforwards related to a Canadian subsidiary. A full valuation allowance of $1.0 million has been established against the related deferred tax asset. These net operating loss carryforwards begin to expire at the end of fiscal 2027 through fiscal 2029.

 

Cash paid for income taxes during the years ended September 30, 2011, 2010, and 2009 was $45.2 million, $33.3 million and $24.1 million, respectively.

 

The Company accounts for uncertain tax positions by recognizing the financial statement effects of a tax position only when, based upon the technical merits, it is “more-likely-than-not” that the position will be sustained upon examination. The Company’s net unrecognized tax benefits totaled $1.2 million, $1.5 million and $1.9 million at September 30, 2011, 2010 and 2009, respectively. The total amount of unrecognized tax benefits that, if recognized, would affect the annual effective income tax rate is $1.2 million at September 30, 2011.

 

The Company has elected to report interest and penalties as a component of income tax expense. In the fiscal years ending September 30, 2011, 2010 and 2009, the Company recognized interest expense relating to unrecognized tax benefits of less than $0.1 million in each year. The net liability balance at September 30, 2011, 2010 and 2009 includes approximately $0.3 million of interest and penalties.

 

It is reasonably possible that the total amount of unrecognized tax benefits could decrease by as much as $0.1 million within the next twelve months as a result of settlement of expiration of statute of limitations, which could have an impact on the effective tax rate. The anticipated reversals are related to state tax items, none of which individually are significant.

 

The Company recognizes and presents uncertain tax positions on a gross basis (i.e., without regard to likely offsets for deferred tax assets, deductions and/or credits that would result from payment of uncertain tax amounts). The reconciliation of the beginning and ending amount of gross unrecognized tax benefits is as follows (in thousands):

 

 

 

Year Ended
September 30

 

 

 

2011

 

2010

 

2009

 

Balance at beginning of year

 

$

1,553

 

$

2,045

 

$

2,291

 

Additions based on tax positions related to the current year

 

—

 

45

 

—

 

Reductions for tax positions of prior years

 

—

 

(196

)

—

 

Lapse of statute of limitations

 

(381

)

—

 

(68

)

Settlements

 

—

 

(341

)

(178

)

Balance at end of year

 

$

1,172

 

$

1,553

 

$

2,045

 

 

The Company files income tax returns in the United States Federal jurisdiction and in various state and foreign jurisdictions. The Company is no longer subject to U.S. Federal income tax examinations for years before 2008 and is no longer subject to state and local, or foreign income tax examinations by tax authorities for years before 2006. In international jurisdictions, similar rules apply to filed income tax returns, although the tax examination limitations and requirements may vary. The Company is no longer subject to audit by tax authorities for overseas jurisdictions for years prior to 2004.