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Note 17 - Income Taxes | 12 Months Ended
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Dec. 31, 2018
Notes to Financial Statements |
Income Tax Disclosure [Text Block] |
17 . | INCOME TAXES :
The United States and foreign components of Income (loss) from continuing operations before income taxes are as follows (in thousands):
|  | Year Ended December 31, |
|  | 2018 |  |  | 2017 |  |  | 2016 |
United States |  | $ | 16,207 |  |  | $ | (9,634 | ) |  | $ | (10,959 | )
Foreign |  |  | 853 |  |  |  | 142 |  |  |  | 120 |
Total |  | $ | 17,060 |  |  | $ | (9,492 | ) |  | $ | (10,839 | )
The components of Income tax benefit from continuing operations are as follows (in thousands):
|  | Year Ended December 31, |
|  | 2018 |  |  | 2017 |  |  | 2016 |
Current: |  |  |  |  |  |  |  |  |  |  |  |
Federal |  | $ | (117 | ) |  | $ | (466 | ) |  | $ | (844 | )
State |  |  | 99 |  |  |  | 49 |  |  |  | (102 | )
Foreign |  |  | 395 |  |  |  | 12 |  |  |  | 104 |
Total current income tax expense (benefit) |  |  | 377 |  |  |  | (405 | ) |  |  | (842 | )
Deferred: |  |  |  |  |  |  |  |  |  |  |  |
Federal |  |  | (2,954 | ) |  |  | (766 | ) |  |  | (2,883 | )
State |  |  | (807 | ) |  |  | 71 |  |  |  | (373 | )
Foreign |  |  | 132 |  |  |  | - |  |  |  | - |
Total deferred income tax benefit |  |  | (3,629 | ) |  |  | (695 | ) |  |  | (3,256 | )
|  | $ | (3,252 | ) |  | $ | (1,100 | ) |  | $ | (4,098 | )
On December 22, 2017, the Tax Cuts and Jobs Act of 2017 was signed into law making significant changes to the Internal Revenue Code. Changes include, but are not limited to, a federal corporate income tax rate decrease from 35% to 21% effective for tax years beginning after December 31, 2017, the transition of U.S. international taxation from a worldwide tax system to a territorial system, and a one -time transition tax on the mandatory deemed repatriation of cumulative foreign earnings as of December 31, 2017. In accordance with the TCJA, the Company recorded $0.9 million as additional income tax expense in the fourth quarter of 2017, the period in which the legislation was enacted. The total expense included $0.6 million related to the remeasurement of certain deferred income tax assets and liabilities and $0.2 million related to the transition tax. Additionally, Staff Accounting Bulletin No. 118 ("SAB 118" ) was issued 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 TCJA. December 22, 2018 marked the end of the measurement period for purposes of SAB 118. As such, the Company has completed the analysis based on legislative updates relating to the TCJA currently available, which did not result in material changes from the amount recorded in 2017. The difference between the Company’s effective income tax rate and the federal statutory income tax rate is explained as follows (dollar amounts in thousands):
|  | Year Ended December 31, |
|  | 2018 |  |  | 2017 |  |  | 2016 |
Income tax expense (benefit) at federal statutory rate |  | $ | 3,583 |  |  | $ | (3,322 | ) |  | $ | (3,755 | )
State benefit, net of federal income tax effect |  |  | (218 | ) |  |  | (472 | ) |  |  | (286 | )
Federal and state income tax credits |  |  | (7 | ) |  |  | 36 |  |  |  | (154 | )
Change in valuation allowance |  |  | (2,618 | ) |  |  | 1,570 |  |  |  | 585 |
Tax windfall on share-based compensation |  |  | (369 | ) |  |  | - |  |  |  | - |
Excess income tax shortfall on share-based compensation |  |  | - |  |  |  | 765 |  |  |  | - |
Bargain purchase gain |  |  | (4,228 | ) |  |  | - |  |  |  | - |
Effect of Tax Cuts and Jobs Act of 2017 |  |  | - |  |  |  | 874 |  |  |  | - |
Uncertain income tax positions |  |  | - |  |  |  | (562 | ) |  |  | (4 | )
Nondeductible expenses |  |  | 427 |  |  |  | 63 |  |  |  | 63 |
Foreign rate differential |  |  | 77 |  |  |  | - |  |  |  | - |
Nontaxable adjustment to contingent consideration |  |  | - |  |  |  | - |  |  |  | (580 | )
Other |  |  | 101 |  |  |  | (52 | ) |  |  | 33 |
Income tax benefit |  | $ | (3,252 | ) |  | $ | (1,100 | ) |  | $ | (4,098 | )
Effective income tax rate |  |  | (19.1 | )% |  |  | (11.6 | )% |  |  | (37.8 | )%
The income tax effect of temporary differences that give rise to significant portions of deferred income tax assets and liabilities is presented below (in thousands):
|  | December 31, |
|  | 2018 |  |  | 2017 |
Deferred income tax assets: |  |  |  |  |  |  |  |
Contract assets, net |  | $ | 425 |  |  | $ | - |
Accrued employee benefits |  |  | 2,157 |  |  |  | 2,806 |
Inventories |  |  | 347 |  |  |  | 296 |
Trade receivable, net |  |  | 1,040 |  |  |  | 105 |
Net operating loss carryforwards |  |  | 12,867 |  |  |  | 9,850 |
Tax credit carryforwards |  |  | 5,181 |  |  |  | 5,478 |
Other assets |  |  | - |  |  |  | 1,201 |
Other |  |  | 226 |  |  |  | 81 |
|  |  | 22,243 |  |  |  | 19,817 |
Valuation allowance |  |  | (9,433 | ) |  |  | (10,413 | )
|  |  | 12,810 |  |  |  | 9,404 |
Deferred income tax liabilities: |  |  |  |  |  |  |  |
Contract assets, net |  |  | - |  |  |  | (110 | )
Property and equipment |  |  | (11,984 | ) |  |  | (9,524 | )
Intangible assets |  |  | (310 | ) |  |  | (433 | )
Prepaid expenses |  |  | (470 | ) |  |  | (278 | )
|  |  | (12,764 | ) |  |  | (10,345 | )
Net deferred income tax assets (liabilities) |  | $ | 46 |  |  | $ | (941 | )
Amounts are presented in the Consolidated Balance Sheets as follows: |  |  |  |  |  |  |  |
Deferred income tax assets, included in Other assets |  | $ | 114 |  |  | $ | - |
Deferred income taxes |  |  | (68 | ) |  |  | (941 | )
Net deferred income tax assets (liabilities) |  | $ | 46 |  |  | $ | (941 | )
In assessing the ability to realize deferred income tax assets, management considers whether it is more likely than not that some portion or all of the deferred income tax assets will not be realized. The ultimate realization of deferred income 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 income tax liabilities, projected future taxable income, taxable income in carryback periods, and tax planning strategies in making this assessment. Because the Company has a recent history of generating cumulative losses, management did not consider projections of future taxable income as persuasive evidence for the recoverability of its deferred income tax assets. The Company believes it is more likely than not it will realize the benefits of its deductible differences as of December 31, 2018, net of any valuation allowance. As of December 31, 2018, the Company had approximately $45.4 million of federal net operating loss carryforwards, $36.3 million of which expire on various dates between 2035 and 2036 and $9.1 million of which are indefinite lived, and $2.9 million of federal income tax credit carryforwards, which expire on various dates between 2023 and 2038. As of December 31, 2018, the Company also had approximately $56.7 million of state net operating loss carryforwards, which expire on various dates between 2019 and 2037, and state income tax credit carryforwards of $4.2 million, which begin to expire in 2019. As of December 31, 2018, the Company also had approximately $1.6 million of foreign net operating loss carryforwards, which expire on various dates between 2023 and 2028. During the year ended December 31, 2016, the Company determined that it no longer considers the earnings of its Mexican subsidiary to be indefinitely reinvested outside the United States. This change was made to allow the Company to more efficiently manage its cash balances and working capital. The change did not have a significant effect on the Company’s income taxes. The Company files income tax returns in the United States Federal jurisdiction, in a limited number of foreign jurisdictions, and in many state jurisdictions. With few exceptions, the Company is no longer subject to United States Federal, state, or foreign income tax examinations for years before 2014. A summary of the changes in the unrecognized income tax benefits is presented below (in thousands):
|  | Year Ended December 31, |
|  | 2018 |  |  | 2017 |  |  | 2016 |
Unrecognized income tax benefits, beginning of year |  | $ | 4,116 |  |  | $ | 4,874 |  |  | $ | 4,874 |
Decreases for lapse in statute of limitations |  |  | - |  |  |  | (520 | ) |  |  | - |
Decreases for positions taken in prior years |  |  | - |  |  |  | (238 | ) |  |  | - |
Increases for positions taken in the current year |  |  | 234 |  |  |  | - |  |  |  | - |
Unrecognized income tax benefits, end of year |  | $ | 4,350 |  |  | $ | 4,116 |  |  | $ | 4,874 |
The Company does not believe it is reasonably possible that the total amounts of unrecognized income tax benefits will change in the following twelve months; however, actual results could differ from those currently expected. Effectively all of the unrecognized income tax benefits would affect the Company’s effective income tax rate if recognized at some point in the future. The Company recognizes interest and penalties related to uncertain income tax positions in Income tax benefit from continuing operations. As of December 31, 2018 and 2017, the Company had no accrued interest related to uncertain income tax positions. Total interest for uncertain income tax positions did not change materially in 2018, 2017, or 2016.

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- Definition The entire disclosure for income taxes. Disclosures may include net deferred tax liability or asset recognized in an enterprise's statement of financial position, net change during the year in the total valuation allowance, approximate tax effect of each type of temporary difference and carryforward that gives rise to a significant portion of deferred tax liabilities and deferred tax assets, utilization of a tax carryback, and tax uncertainties information. + References Reference 1: http://fasb.org/us-gaap/role/ref/legacyRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -URI http://asc.fasb.org/topic&trid=2144680 + Details
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