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Income Taxes
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
Income Taxes

NOTE M – Income Taxes

Our provisions for income taxes included current federal, foreign and state income tax expense, as well as deferred tax expense as follows (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2018

 

 

2017

 

 

2016

 

Current

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

(184

)

 

$

3,684

 

State

 

 

1,103

 

 

 

258

 

 

 

555

 

Foreign

 

 

540

 

 

 

652

 

 

 

599

 

Deferred

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

3,011

 

 

 

10,262

 

 

 

(1,337

)

State

 

 

224

 

 

 

(291

)

 

 

(169

)

Foreign

 

 

(410

)

 

 

(355

)

 

 

(577

)

 

 

$

4,468

 

 

$

10,342

 

 

$

2,755

 

The tax provision for the year ended December 31, 2017 includes a $0.4 million reclass of alternative minimum tax (“AMT”) credit carryforwards from the deferred federal provision to current federal provision. These unutilized AMT credit carryforwards become partially refundable in 2019, 2020 and 2021 and fully refundable in 2022.

A reconciliation of the expected federal income tax at the statutory rate to the provision for income taxes was as follows (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2018

 

 

2017

 

 

2016

 

Expected federal income tax at statutory rate

 

$

5,951

 

 

$

3,635

 

 

$

2,662

 

State income taxes, net of federal tax effect

 

 

1,293

 

 

 

417

 

 

 

284

 

Tax impact of foreign activity

 

 

57

 

 

 

(105

)

 

 

(115

)

Nondeductible executive compensation

 

 

902

 

 

 

530

 

 

 

159

 

Nondeductible expenses

 

 

351

 

 

 

268

 

 

 

213

 

Change in valuation allowance

 

 

(4

)

 

 

16

 

 

 

(35

)

Change in state deferred rate

 

 

38

 

 

 

(134

)

 

 

(67

)

Research and development credit

 

 

(1,843

)

 

 

(227

)

 

 

(261

)

Tax impact of Tax Cuts and Jobs Act

 

 

 

 

 

6,796

 

 

 

 

Tax impact of stock activity

 

 

(2,438

)

 

 

(925

)

 

 

 

Other

 

 

161

 

 

 

71

 

 

 

(85

)

Total provision for income taxes

 

$

4,468

 

 

$

10,342

 

 

$

2,755

 

 

The Tax Act, which was enacted on December 22, 2017, reduced the corporate federal income tax rate to 21.0% effective January 1, 2018, resulting in discrete tax expense of $6.8 million for the reduction of deferred tax assets. Also, the Tax Act expanded the deduction limits on executive compensation and included transition rules for previously awarded compensation.

Differences between our effective tax rate and statutory tax rates are primarily due to the federal research and development credit partially offset by permanently non-deductible expense.  Additionally, under ASU 2016-09, excess tax benefits generated upon settlement or exercise of stock awards are now recognized as a reduction to income tax expense as a discrete tax item in the period that the event occurs creating potentially significant fluctuation in tax expense by year.

The significant components of our deferred tax assets (liabilities) were as follows (in thousands):

 

 

 

December 31,

 

 

 

2018

 

 

2017

 

Deferred tax assets

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net operating loss and credit carryforwards

 

$

8,356

 

 

 

 

 

 

$

11,067

 

 

 

 

 

Stock-based compensation expense

 

 

3,647

 

 

 

 

 

 

 

4,273

 

 

 

 

 

Accounts receivable allowances

 

 

464

 

 

 

 

 

 

 

307

 

 

 

 

 

Accrued expenses

 

 

3,185

 

 

 

 

 

 

 

2,126

 

 

 

 

 

Other

 

 

180

 

 

 

 

 

 

 

182

 

 

 

 

 

Gross deferred tax asset

 

 

 

 

 

 

15,832

 

 

 

 

 

 

 

17,955

 

Less: valuation allowance

 

 

(797

)

 

 

 

 

 

 

(602

)

 

 

 

 

Total net deferred tax asset

 

 

 

 

 

 

15,035

 

 

 

 

 

 

 

17,353

 

Deferred tax liability

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deferred operations

 

 

(2,787

)

 

 

 

 

 

 

(3,850

)

 

 

 

 

Foreign operations

 

 

(135

)

 

 

 

 

 

 

(133

)

 

 

 

 

Depreciation and amortization

 

 

(2,943

)

 

 

 

 

 

 

(1,536

)

 

 

 

 

Other

 

 

(90

)

 

 

 

 

 

 

(24

)

 

 

 

 

Total deferred tax liability

 

 

 

 

 

 

(5,955

)

 

 

 

 

 

 

(5,543

)

Net deferred tax assets

 

 

 

 

 

$

9,080

 

 

 

 

 

 

$

11,810

 

 

As of December 31, 2018, we had net operating loss carryforwards of $37.5 million for U.S. federal tax purposes.  We also had $4.1 million of various state net operating loss carryforwards.  The loss carryforwards for federal tax purposes will expire between 2020 and 2038 if not utilized.  The loss carryforwards for state tax purposes will expire between 2019 and 2031 if not utilized.

Section 382 of the U.S. Internal Revenue Code generally imposes an annual limitation on the amount of net operating loss carryforwards that might be used to offset taxable income when a corporation has undergone significant changes in stock ownership.  We have performed a Section 382 analysis and we believe that approximately $17.6 million of federal losses will expire unused due to Section 382 limitations.  The maximum annual limitation of federal net operating losses under Section 382 is approximately $1.0 million.  This limitation could be further restricted if any ownership changes occur in future years.  Accordingly, our deferred tax assets are reported net of the Section 382 limitations.

As of December 31, 2018 we had federal research and development credit carryforwards, net of Section 383 limitations, of $3.0 million, which, if not utilized, will begin to expire in 2030.  We had state research and development credit carryforwards of $1.0 million which, if not utilized, will begin to expire in 2025.

As of December 31, 2018, we had a valuation allowance against our deferred tax assets of $0.8 million.  The valuation allowance is established for state credit carryforwards that we do not expect to utilize based on our current expectations of future state taxable income.

We are subject to income taxes for U.S. federal and various state and international jurisdictions.  We are generally subject to U.S. federal and state tax examinations for all prior tax years due to our net operating loss carryforwards and the utilization of the carryforwards in years still open under statute.

As of December 31, 2018, we do not have any unrecognized tax benefits.  It is our practice to recognize interest and penalties accrued on any unrecognized tax benefits as a component of income tax expense.  We do not expect any material changes in our unrecognized tax positions over the next 12 months.