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

14.

Income Taxes

 

On December 22, 2017, the Tax Act was signed into law making significant changes to the U.S. tax code. In conjunction with guidance set forth under SAB 118, the Company recorded provisional amounts at December 31, 2017 for, most significantly, the remeasurement of deferred tax assets and liabilities to reflect the new U.S. statutory rate of 21 percent, and to account for the one-time “transition” tax on unrepatriated foreign earnings. During the year ended December 31, 2018, the Company updated its SAB 118 provisional estimates and completed its accounting for the provisions made as of December 31, 2017, which resulted in a $1.7 million adjustment for deemed distributions on foreign earnings.

 

Certain of the Company’s undistributed earnings of its foreign subsidiaries are not permanently reinvested, as management intends to repatriate foreign-held cash as needed to meet domestic cash needs for operating, investing, and financing activities. A liability of $0.6 million has been recorded for the deferred taxes on such undistributed foreign earnings. The deferred taxes are attributable primarily to the foreign withholding taxes that would become payable should the Company repatriate cash held in its foreign operations.

 

Income (loss) before income taxes was generated in the United States and globally as follows:

 

(Table only in thousands)

 

2018

 

 

2017

 

 

2016

 

Domestic

 

$

6,230

 

 

$

3,891

 

 

$

(39,623

)

Foreign

 

 

(3,733

)

 

 

(2,482

)

 

 

6,659

 

 

 

$

2,497

 

 

$

1,409

 

 

$

(32,964

)

 

 


Income tax provision consisted of the following for the years ended December 31:

 

(Table only in thousands)

 

2018

 

 

2017

 

 

2016

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

5,166

 

 

$

6,234

 

 

$

4,957

 

State

 

 

1,660

 

 

 

388

 

 

 

892

 

Foreign

 

 

2,834

 

 

 

939

 

 

 

3,191

 

 

 

 

9,660

 

 

 

7,561

 

 

 

9,040

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

1,144

 

 

 

(2,479

)

 

 

(2,794

)

State

 

 

56

 

 

 

114

 

 

 

(409

)

Foreign

 

 

(1,242

)

 

 

(758

)

 

 

(547

)

 

 

 

(42

)

 

 

(3,123

)

 

 

(3,750

)

 

 

$

9,618

 

 

$

4,438

 

 

$

5,290

 

 

The income tax provision differs from the statutory rate due to the following:

 

(Table only in thousands)

 

2018

 

 

2017

 

 

2016

 

Tax expense (benefit) at statutory rate

 

$

524

 

 

$

494

 

 

$

(11,525

)

Increase (decrease) in tax resulting from:

 

 

 

 

 

 

 

 

 

 

 

 

State income tax, net of federal benefit

 

 

1,337

 

 

 

367

 

 

 

174

 

Domestic production activities deduction

 

 

 

 

 

(235

)

 

 

(561

)

Intangible asset and goodwill impairment

 

 

 

 

 

1,789

 

 

 

17,859

 

Change in uncertain tax position reserves

 

 

73

 

 

 

465

 

 

 

(624

)

Permanent differences related to divestitures

 

 

7,048

 

 

 

 

 

 

 

Permanent differences

 

 

693

 

 

 

1,026

 

 

 

(31

)

Impact of rate differences and adjustments

 

 

57

 

 

 

(20

)

 

 

(1,655

)

United States and foreign tax incentives

 

 

(1,443

)

 

 

(240

)

 

 

(1,035

)

Earnout (income) expense

 

 

(69

)

 

 

(1,779

)

 

 

2,573

 

Change in valuation allowance

 

 

1,521

 

 

 

1,044

 

 

 

222

 

Revaluation of deferred tax assets and liabilities

 

 

 

 

 

(4,819

)

 

 

 

Net deemed distribution on repatriation of foreign earnings

 

 

(1,713

)

 

 

6,426

 

 

 

 

Foreign withholding taxes on repatriation of foreign earnings

 

 

666

 

 

 

 

 

 

 

Other

 

 

924

 

 

 

(80

)

 

 

(107

)

 

 

$

9,618

 

 

$

4,438

 

 

$

5,290

 

 

Deferred income taxes reflect the future tax consequences of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes and tax credit carry forwards. The net deferred tax liabilities consisted of the following at December 31:

 

 

December 31

 

(Table only in thousands)

 

2018

 

 

2017

 

Gross deferred tax assets:

 

 

 

 

 

 

 

 

Accrued expenses and other

 

$

417

 

 

$

286

 

Reserves on assets

 

 

1,276

 

 

 

2,000

 

Share-based compensation awards

 

 

459

 

 

 

436

 

Minimum pension

 

 

2,153

 

 

 

2,318

 

Net operating loss carry-forwards

 

 

3,478

 

 

 

3,471

 

Tax credit carry-forwards

 

 

2,352

 

 

 

1,634

 

Valuation allowances

 

 

(5,474

)

 

 

(3,873

)

 

 

 

4,661

 

 

 

6,272

 

Gross deferred tax liabilities:

 

 

 

 

 

 

 

 

Depreciation

 

 

(646

)

 

 

(448

)

Goodwill and intangibles

 

 

(10,907

)

 

 

(13,588

)

Prepaid expenses and inventory

 

 

(798

)

 

 

(585

)

Withholding tax on unremitted foreign earnings

 

 

(551

)

 

 

 

Revenue recognition

 

 

(514

)

 

 

(1,861

)

 

 

 

(13,416

)

 

 

(16,482

)

Net deferred tax liabilities

 

$

(8,755

)

 

$

(10,210

)

 

As of December 31, 2018, the Company has utilized substantially all of its federal net operating loss carry forwards. State and local net operating loss carry forwards total $29.4 million, which expire from 2019 to 2038. The Company has recorded a valuation allowance on certain of these net operating loss carry forwards to reflect expected realization.  A $1.1 million foreign tax credit carryforward was generated in 2017 and a full valuation allowance has been recorded against it. The Company also has net operating loss carry forwards in foreign jurisdictions totaling $11.5 million. A full valuation allowance has been established against substantially all of these losses in foreign jurisdictions. As of December 31, 2018 and 2017, the Company has recorded a valuation reserve in the amount of $5.5 million and $3.9 million, respectively. The changes in the valuation allowance resulted in additional income tax expense of $1.5 million, $1.0 million, and $0.2 million in 2018, 2017, and 2016, respectively.

In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities (including the impact of available carryback and carry forward periods), projected future taxable income, and tax-planning strategies in making this assessment. Based on this assessment, management believes it is more likely than not that the Company will realize the benefits of these deductible differences, net of the existing valuation allowances at December 31, 2018. 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.

The Company accounts for uncertain tax positions pursuant to FASB ASC Topic 740. The Company recognizes the effect of income tax positions only if those positions are more likely than not of being sustained. Recognized income tax positions are measured at the largest amount that is greater than 50% likely of being realized. Changes in recognition or measurement are reflected in the period in which the change in judgment occurs. The Company estimates that it may settle one or more foreign and domestic audits in the next twelve months that may result in a decrease in the amount of accrual for uncertain tax positions of up to $0.5 million.  A reconciliation of the beginning and ending amount of uncertain tax position reserves included in other liabilities on the Consolidated Balance Sheets is as follows:

 

(Table only in thousands)

 

2018

 

 

2017

 

Balance as of January 1,

 

$

866

 

 

$

401

 

Additions for tax positions taken in prior years

 

 

73

 

 

 

465

 

Statute expirations

 

 

 

 

 

 

Reductions of tax positions taken in prior years

 

 

 

 

 

 

Balance as of December 31,

 

$

939

 

 

$

866

 

 

The Company recognizes interest and penalties related to uncertain tax positions in income tax expense. The reserve for uncertain tax positions includes $0.3 million, $0.3 million and $0.2 million of interest and penalties as of December 31, 2018, 2017 and 2016, respectively. The favorable settlement of all uncertain tax positions would impact the Company’s effective income tax rate. Tax years going back to 2014 remain open for examination by Federal authorities, and back to 2013 remain open for all significant state and foreign authorities.