XML 40 R26.htm IDEA: XBRL DOCUMENT v3.19.1
Note 17 - Income Taxes
12 Months Ended
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.