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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes
16.
 
INCOME TAXES
The tax provision includes estimated federal, state and foreign income taxes on the Company’s
pre-tax
income. The tax provisions also may include discrete items, principally related to increases or decreases in tax reserves, tax provision vs. tax return differences and accrued interest for potential liabilities.
On December 22, 2017, H.R.1., known as the Tax Cuts and Jobs Act (the “Tax Act”), was signed into law. The Tax Act did not have a significant impact on the Company’s consolidated financial statements for the year ended December 31, 2017. However, the reduction of the U.S. federal corporate tax rate from 35% to 21
%
 which was effective January 1, 2018, is reflected in the Company’s deferred tax table below. Effective for the 2018 tax year, the Tax Act implements certain additional provisions including the Global Intangible
Low-Taxes
Income (“GILTI”) inclusion and the Foreign Derived Intangible Income (“FDII”) deduction. The Company is electing to account for the GILTI inclusion as a period cost.
Also, on December 22, 2017, the Securities and Exchange Commission staff issued Staff Accounting Bulletin No. 118 to address the application of U.S. GAAP in situations when a registrant does 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. The Company recognized the provisional tax impacts related to deemed repatriated earnings and the revaluation of deferred tax assets and liabilities and included these amounts in its consolidated financial statements for the year ended December 31, 2017. The Company did not record any adjustments in the year ended December 31, 2018 to these provisional amounts that were material to its financial statements. As of December 31, 2018, the Company’s accounting treatment with regards to the Tax Act was complete.
The reconciliation of the federal statutory rate on the income (loss) before income taxes to the effective income tax rate for the years ended December 31 is as follows:
 
2019
 
 
2018
 
 
2017
 
Statutory federal tax rate
   
21.0
%    
21.0
%    
(34.0
)%
State income taxes, net of federal income tax benefit
   
(8.1
)    
3.6
     
97.2
 
Increase (decrease) in valuation allowance
   
2.2
     
(9.1
)    
(936.1
)
Permanent items
   
(3.9
)    
(5.9
)    
(861.2
)
Tax credits
   
(15.6
)    
(5.5
)    
(1,222.3
)
Provision vs. tax return differences
   
9.0
     
(1.7
)    
 
Foreign rate differential and deferred items
   
0.6
     
0.7
     
(91.8
)
Change in tax reserves
   
     
0.1
     
(5.1
)
Rate change due to tax reform
   
     
     
3,441.1
 
Refundable income taxes—AMT credit
   
     
     
(751.0
)
Other
   
     
0.1
     
(0.1
)
                         
   
5.2
%    
3.3
%    
(363.3
)%
                         
In 2019, the Company utilized net operating loss carryforwards and tax credits to offset federal income tax expense.
In 2018, the Company utilized net operating loss carryforwards to offset federal income tax expense.
In 2017, the Company did not recognize a tax benefit for the majority of its losses as it maintained a full valuation allowance against all net domestic deferred tax assets due to the inability to project net future taxable income, as described below. The benefit for income taxes in 2017 was primarily due to the Company’s
alternative minimum tax (“AMT”)
credit carryforwards of approximately $736,000 becoming fully refundable in future years, due to the repeal of the corporate AMT under the Tax Act.
For financial reporting purposes, income (loss) before income taxes for the years ended December 31 include the following components (in thousands):
 
2019
 
 
2018
 
 
2017
 
Domestic
  $
13,493
    $
31,455
    $
(1,591
)
Foreign
   
1,394
     
1,478
     
1,493
 
                         
  $
14,887
    $
32,933
    $
(98
)
                         
Significant components of the provision (benefit) for income taxes for the years ended December 31 are as follows (in thousands):
 
2019
 
 
2018
 
 
2017
 
Current:
   
     
     
 
Federal
  $
    $
    $
(736
)
State
   
268
     
231
     
156
 
Foreign
   
450
     
911
     
396
 
                         
   
718
     
1,142
     
(184
)
Deferred:
   
     
     
 
Foreign
   
60
     
(55
)    
(172
)
                         
   
60
     
(55
)    
(172
)
                         
  $
778
    $
1,087
    $
(356
)
                         
The Tax Act eliminates the deferral of U.S. income tax on accumulated foreign earnings by imposing a
one-time
mandatory transition tax on such earnings. As a result, a provisional amount of approximately $122,000 was recorded in 2017 as additional tax expense related to approximately $813,000 of untaxed accumulated unremitted foreign earnings.
As noted above, the additional tax of $122,000 was fully offset by existing net operating losses in the U.S. Effective for the Company’s 2018 tax year, foreign earnings were taxed in the U.S. under GILTI and FDII provisions of the Tax Act. As of December 31, 2019 and 2018, unremitted foreign earnings, which were not significant, were permanently
re-invested
in the Company’s foreign subsidiaries. Upon repatriation of those earnings, in the form of dividends or otherwise, the Company could be subject to immaterial withholding taxes payable to the various foreign countries.
As noted above, the change in the U.S. federal corporate tax rate, which was effective January 1, 2018, is reflected in the Company’s deferred tax table below. Significant components of the Company’s deferred tax assets and liabilities as of December 31 were as follows (in thousands):
 
2019
 
 
2018
 
Deferred tax assets:
   
     
 
Research and development tax credit carryforwards
  $
 27,607
    $
 23,244
 
Investment tax credit carryforwards
   
2,102
     
1,976
 
Stock-based compensation
   
1,587
     
3,133
 
Inventory reserves
   
1,522
     
2,109
 
Vacation accrual
   
1,280
     
1,218
 
Deferred revenue, net
   
796
     
66
 
Lease liabilities
   
679
     
 
UNICAP
   
351
     
275
 
Net operating loss carryforwards
   
328
     
1,091
 
International deferred tax assets
   
205
     
265
 
Sales allowances
   
172
     
128
 
Unrealized loss on investments
   
132
     
132
 
Contingent consideration liabilities
   
98
     
88
 
Warranty reserves
   
66
     
35
 
Bad debt reserves
   
14
     
52
 
Other
   
225
     
233
 
                 
Total deferred tax assets
   
37,164
     
34,045
 
Less: Valuation allowance for deferred tax assets
   
(30,363
)    
(30,031
)
                 
Net deferred tax assets
   
6,801
     
4,014
 
Deferred tax liabilities:
   
     
 
Depreciation
   
(5,296
)    
(3,144
)
ROU assets
   
(653
)    
 
Prepaid expenses
   
(552
)    
(473
)
Patent amortization
   
(91
)    
(107
)
Other
   
(4
)    
(25
)
                 
Total deferred tax liabilities
   
(6,596
)    
(3,749
)
                 
Net deferred tax assets (liabilities)
  $
205
    $
265
 
                 
As of December 31, 2019, the Company has a valuation allowance of approximately $30,363,000 against all domestic deferred tax assets, for which realization cannot be considered more likely than not at this time. Management assesses the need for the valuation allowance on a quarterly basis. In assessing the need for a valuation allowance, the Company considers all positive and negative evidence, including scheduled reversals of deferred tax liabilities, projected future taxable income, tax planning strategies, and past financial performance. While recent positive operating results caused the Company to be in a cumulative income position as of December 31, 2019, its overall profitability has been declining since the third quarter of 2018, primarily due to overall reduced bookings for both Advanced and Brick products, reflecting U.S.-China trade/tariff dynamics and elements of macro uncertainty. The uncertain impact of the coronavirus on the supply chain and certain process issues with the production of Advanced Products is contributing to near-term uncertainty. As a result, management has concluded a full valuation allowance against all net domestic deferred tax assets is still warranted as of December 31, 2019. The valuation allowance against these deferred tax assets may require
adjustment in the future based on changes in the mix of temporary differences, changes in tax laws, and operating performance. If the positive quarterly earnings continue and the Company’s concerns about industry uncertainty, process issues with the production of Advanced Products are resolved, and order volumes are alleviated to the point that the Company believes future profits can be more reliably forecasted, the Company may release all or a portion of the valuation in the near-term. Certain state tax credits, though, will likely never be uncovered by the valuation allowance. If and when the Company determines the valuation allowance should be released (i.e., reduced), the adjustment would result in a tax benefit reported in that period’s Consolidated Statements of Operations, the effect of which would be an increase in reported net income.
The state and federal research and development tax credit carryforwards of approximately $14,451,000 and $17,744,000, respectively, expire beginning in 2020 for state purposes and in 2025 for federal purposes. The Company has operating loss carryforwards in certain states of approximately $4,913,000, which expire beginning in 2022 through 2037.
A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):
 
2019
 
 
2018
 
 
2017
 
Balance on January 1
  $
  1,462
    $
  1,104
    $
946
 
Additions based on tax positions related to the current year
   
571
     
245
     
138
 
Additions for tax positions of prior years
   
43
     
120
     
29
 
Settlements
   
     
     
(1
)
Lapse of statute
   
(6
)    
(7
)    
(8
)
                         
Balance on December 31
  $
 2,070
    $
 1,462
    $
 1,104
 
                         
The Company has reviewed the tax positions taken, or to be taken, in its tax returns for all tax years currently open to examination by a taxing authority. The total amount of unrecognized tax benefits, that is the aggregate tax effect of differences between tax return positions and the benefits recognized in the Company’s financial statements, as of December 31, 2019, 2018, and 2017 of $2,070,000, $1,462,000, and $1,104,000, respectively, if recognized, may decrease the Company’s income tax provision and effective tax rate. None of the unrecognized tax benefits as of December 31, 2019, are expected to significantly change during the next twelve months.
The Company recognizes accrued interest and penalties, if any, related to unrecognized tax benefits as a component of income tax expense. During the years ended December 31, 2019, 2018, and 2017, the Company recognized approximately $7,000, $7,000, and $6,000, respectively, in net interest expense. As of December 31, 2019 and 2018, the Company had accrued approximately $41,000 and $35,000, respectively, for the potential payment of interest.
The Company files income tax returns in the United States and various foreign tax jurisdictions. These tax returns are generally open to examination by the relevant tax authorities from three to seven years from the date they are filed. The tax filings relating to the Company’s federal and state taxes are currently open to examination for tax years 2016 through 2018 and 2010 through 2018, respectively. In addition, 2012 and 2014 tax years resulted in losses and the Company generated federal research and development credits in tax years 2005 through 2015. These years may also be subject to examination when the losses or credits are carried forward and utilized in future years.
The Company’s subsidiary in Italy, Vicor Italy S.r.l. (“Vicor Italy”), underwent a tax inspection during 2014 for tax years 2009 through 2013, covering corporation, regional and value added taxes. Vicor Italy received a
preliminary tax audit report dated June 30, 2014. The Company filed a response to the preliminary tax audit report in the third quarter of 2014. The statute of limitations for the tax authorities in Italy to file an assessment, if any, expired on December 31, 2019 for all years under the inspection. Due to the
non-response
by Italian authorities after nearly six years, and the lapse of all five years under examination, the Company does not believe there will be any impact to the Company’s financial statements.
In May 2017, the Company received notice from the Internal Revenue Service that its federal corporate tax return for tax year 2015 had been selected for examination. The examination was completed in May 2018 resulting in no tax liability to the Company. In January 2018, the Company received notice from the New York State Department of Taxation and Finance that its New York State tax returns for tax years 2014 through 2016 were selected for audit. The audit was completed in the third quarter of 2018, resulting in an immaterial assessment.
There are no income tax examinations or audits currently in process.