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Income Taxes
 12 Months Ended
Sep. 30, 2021
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]
12. INCOME TAXES
The components of income before income taxes are (in thousands):
Year ended September 30,
202120202019
United States$5,380 $3,756 $7,981 
International3,619 3,707 3,164 
Income before income taxes$8,999 $7,463 $11,145 
The components of the income tax (benefit) expense are (in thousands):
Year ended September 30,
202120202019
Current:
Federal$1,388 $709 $950 
State242 572 290 
Foreign1,678 1,128 746 
Deferred:
Federal(3,627)(2,911)(825)
State(618)— — 
Foreign(430)(446)26 
Income tax (benefit) expense$(1,367)$(948)$1,187 
12. INCOME TAXES (CONTINUED)
Net deferred tax (liability) asset consists of (in thousands):
As of September 30,
20212020
Non-current deferred tax asset$439 $389 
Non-current deferred tax liability(13,493)(17,171)
Net deferred tax liability$(13,054)$(16,782)
Depreciation and amortization$(1,399)$(1,037)
Lease asset(3,683)(3,415)
Lease liability4,941 4,477 
Inventories755 979 
Compensation costs4,064 3,698 
Other accruals6,387 3,985 
Tax credit carryforwards3,026 6,021 
Valuation allowance(2,186)(4,372)
Identifiable intangible assets(24,959)(27,118)
Net deferred tax (liability) asset$(13,054)$(16,782)
As of September 30, 2021, we had $2.5 million of tax carryforwards (net of reserves) related to state research and development tax credits. We also had $0.5 million of carryforwards consisting of a U.S. net operating losses of $0.2 million, non-U.S. net operating losses of $0.2 million and foreign tax credits of $0.1 million. The majority of our state research and development tax credits have a 15-year carryforward period. The majority of our non-U.S. net operating losses have an unlimited carryforward period. Our non-U.S. tax credit carryforwards will expire in 2034.
12. INCOME TAXES (CONTINUED)
Our valuation allowance for certain U.S. and foreign locations was $2.2 million at September 30, 2021 and $4.4 million at September 30, 2020. The decrease in valuation allowance is primarily the result of the expiring U.S. capital loss carryforward of which had a corresponding valuation allowance. The deferred tax assets realized could vary if there are differences in the timing or amount of future reversals of existing deferred tax liabilities or changes in the amounts of future taxable income. If future taxable income projections are not realized, an additional valuation allowance may be required. This would be reflected as income tax expense at the time that any such change in future taxable income is determined.
The reconciliation of the statutory federal income tax amount to our income tax (benefit) expense is (in thousands):
Year ended September 30,
202120202019
Statutory income tax amount$1,890 $1,567 $2,341 
Increase (decrease) resulting from:
State taxes, net of federal benefits319 392 196 
Transaction costs60 143 — 
Employee stock purchase plan79 127 59 
Foreign operations556 431 225 
Non-deductible executive compensation150 115 171 
Change in valuation allowance(2,187)173 520 
Capital Loss Expiration2,301 — — 
Utilization of research and development tax credits(3,116)(2,881)(2,173)
Deferred balance sheet remeasure(952)— 9 
ASU 2016-09 excess stock compensation(1,131)(673)(56)
Contingent consideration1,212 (27)250 
Changes from provision to return(458)(111)(511)
Adjustment of tax contingency reserves329 151 146 
U.S. deduction for foreign export sales(630)(355)(146)
Global intangible low-taxed income33 31 162 
Other, net178 (31)(6)
Income tax (benefit) expense$(1,367)$(948)$1,187 
The Tax Cuts & Jobs Act of 2017 was enacted in the U.S. on December 22, 2017. We applied the guidance in Staff Accounting Bulletin ("SAB") 118 when accounting for the enactment-date income tax effects of this act in fiscal 2018. At September 30, 2018 we had not fully completed our accounting for the enactment effects of this act. We, however, had recorded a provisional estimate of the tax expense related to the effects on our existing deferred tax balances and the one-time transition tax which totaled $3.0 million in fiscal 2018. In the first quarter of fiscal 2019 we completed our accounting for the enactment date income tax effects of this act, and there were no significant adjustments to the provisional amounts recorded in fiscal 2018. In addition, certain provisions of this act became effective for us in fiscal 2019.
12. INCOME TAXES (CONTINUED)
A reconciliation of the beginning and ending amount of unrecognized tax benefits is (in thousands):
Year ended September 30,
202120202019
Unrecognized tax benefits at beginning of fiscal year$2,600 $1,713 $1,561 
Increases related to:
Prior year income tax positions40 756 9 
Current year income tax positions507 425 314 
Decreases related to:
Prior year income tax positions(155)— (34)
Settlements— (7)— 
Expiration of statute of limitations(84)(287)(137)
Unrecognized tax benefits at end of fiscal year$2,908 $2,600 $1,713 
The total amount of unrecognized tax benefits ("UTB") at September 30, 2021 that, if recognized, would affect our effective tax rate was $2.7 million. We expect that it is reasonably possible that the total amounts of UTB will decrease by approximately $0.8 million over the next 12 months due to the expiration of various statutes of limitations. Of the $2.9 million of UTB, $2.3 million is included in non-current income taxes payable and $0.6 million is included with non-current deferred tax assets on the consolidated balance sheets at September 30, 2021.
We recognize interest and penalties related to income tax matters in income tax expense. During fiscal 2021 and 2020, there were insignificant amounts of interest and penalties related to income tax matters in income tax expense. We accrued interest and penalties related to unrecognized tax benefits of $0.1 million at both September 30, 2021 and 2020. These accrued interest and penalties are included in our non-current income taxes payable on our consolidated balance sheets.
We operate in multiple tax jurisdictions both in the U.S. and outside of the U.S. and face audits from various tax authorities regarding transfer pricing, tax credits, and other matters. Accordingly we must determine the appropriate allocation of income to each of these jurisdictions. This determination requires us to make several estimates and assumptions. Tax audits associated with the allocation of this income, and other complex issues, may require an extended period of time to resolve and may result in adjustments to our income tax balances in those years that are material to our consolidated balance sheets and results of operations.
We file a U.S. federal income tax return and income tax returns in various states and foreign jurisdictions. With few exceptions, we are no longer subject to state and local or non-U.S. income tax examinations by tax authorities for years before fiscal year 2017. We are currently under U.S. federal examination for fiscal years 2018, and there is otherwise very limited audit activity of our income tax returns in U.S. state jurisdictions or international jurisdictions.
At September 30, 2021, the majority of undistributed foreign earnings are taxed under the one time transition tax and the global intangible low-taxed income ("GILTI") provision of the Tax Cuts and Jobs Act of 2017. Additionally, the previously un-taxed accumulated undistributed foreign earnings from prior fiscal years are still permanently reinvested and, as such, we have not accrued additional U.S. tax. It is our position that the earnings of our foreign subsidiaries are to be reinvested indefinitely to fund current operations and provide for future international expansion opportunities and only repatriate earnings to the extent that U.S. taxes have already been recorded. As of September 30, 2021, we are permanently reinvested with respect to previously non-taxed accumulated earnings in all jurisdictions.
Although we have no current need to repatriate historical foreign earnings that have not been taxed in the U.S., if we change our assertion from indefinitely reinvesting undistributed foreign earnings, we would have to accrue applicable taxes. The amount of any taxes and the application of any tax credits would be determined based on the income tax laws at the time of such repatriation. Under current tax law, we estimate the unrecognized tax liability to be immaterial.