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Income Taxes
12 Months Ended
Oct. 31, 2022
Income Taxes  
Income Taxes

9. Income Taxes

The income tax provision (benefit) consists of the following for the years ended October 31, (in thousands):

    

2022

    

2021

    

2020

 

 

Current:

Federal

$

2,012

$

(3,449)

$

(5,684)

State

 

147

 

323

 

(214)

Foreign

 

1,209

 

16,703

 

645

Total current

 

3,368

 

13,577

 

(5,253)

Deferred:

Federal

 

(162)

 

790

 

576

State

 

746

 

(343)

 

(505)

Foreign

 

(701)

 

(3,934)

 

260

Total deferred

 

(117)

 

(3,487)

 

331

Change in valuation allowance

657

630

Total income tax provision (benefit)

$

3,251

$

10,747

$

(4,292)

At October 31, 2022 and 2021, gross deferred tax assets totaled approximately $23.5 million and $29.3 million, while gross deferred tax liabilities totaled approximately $16.2 million and $22.7 million. Deferred income taxes reflect the net of temporary differences between the carrying amount of assets and liabilities for financial reporting and income tax purposes.

Significant components of our deferred taxes assets (liabilities) as of October 31, are as follows (in thousands):

    

2022

    

2021

 

Property, plant, and equipment

 

(2,002)

 

(4,764)

Intangible assets

 

2,828

 

5,051

Unrealized gain, Limoneira investment

 

 

(1,138)

Stock-based compensation

 

715

 

511

State taxes

 

6

 

(498)

Credits and incentives

 

1,194

 

1,808

Allowance for accounts receivable

936

1,259

Inventories

442

507

Accrued liabilities

1,143

2,067

Operating lease - Right of use assets

(13,723)

(15,839)

Operating lease liabilities

14,861

17,040

Net operating loss

549

1,093

Valuation allowance

(1,830)

(1,291)

Capital loss carryover

804

Other

 

(490)

 

(490)

Long-term deferred income taxes

$

5,433

$

5,316

As of October 31, 2022 and 2021, the Company has no federal net operating loss carryforwards. The Company has gross state net operating loss carryforwards of approximately $9.1 million and $19.0 million with carryforward periods primarily ranging from 20 years to indefinite.

The Company records a valuation allowance against deferred tax assets when determined that all or a portion of the deferred tax assets are not more likely than not to be realized based on all available evidence. As of October 31, 2022 and 2021, the Company recorded an approximate $1.8 million and $1.2 million valuation allowance against the deferred

tax assets for state tax credit carryforwards and federal capital loss carryforwards that are more likely than not to expire unutilized. During the year ended October 31, 2022, the Company increased the valuation allowance against federal capital loss carryforwards by $0.6 million.

A reconciliation of the significant differences between the federal statutory income tax rate and the effective income tax rate on pretax income (loss) for the years ended October 31, is as follows:

    

2022

    

2021

    

2020

 

Federal statutory tax rate

 

21.0

%  

21.0

%  

21.0

%  

State taxes, net of federal effects

 

(1.3)

11.6

4.4

Rate differential on NOL carryback

125.8

6.2

Foreign income taxes greater than U.S.

 

5.2

16.1

(2.3)

Uncertain tax positions

 

5.1

(1,059.9)

Stock based compensation

 

(6.1)

(16.7)

Provision to return

(59.9)

39.2

(2.5)

State rate change

 

(2.5)

9.2

(0.1)

Valuation allowance

(24.2)

(44.1)

(2.7)

Other permanent differences

(33.8)

Other

 

(0.5)

(15.5)

(0.3)

 

(97.0)

%  

(913.3)

%  

23.7

%  

For fiscal years 2022, 2021 and 2020, income (loss) before income taxes (benefit) related to domestic operations was approximately $(1.4) million, $(5.0) million, and $(18.9) million. Additionally, for fiscal 2022, we received income tax refunds of $6.7 million. For fiscal years 2022, 2021 and 2020, income before income taxes (benefit) related to foreign operations was approximately $(1.9) million, $3.8 million and $0.8 million.

As of October 31, 2022, and 2021, we had $11.1 million and $11.3 million for unrecognized tax benefits related primarily to the probable outcomes of the 2013 Mexico Assessment. See Note 7 for further information.

A reconciliation of the beginning and ending amount of gross unrecognized taxes (exclusive of interest and penalties) was as follows (in thousands):

    

Year Ended October 31, 

2022

2021

Beginning balance

$

11,303

$

72

Reductions based on tax positions related to prior periods

(172)

Gross increase - Tax positions in prior periods

 

 

131

Gross increase - Tax positions in current period

 

 

11,100

Ending balance

$

11,131

$

11,303

Although it is reasonably possible that certain unrecognized tax benefits may increase or decrease within the next twelve months due to tax examination changes, settlement activities, expirations of statute of limitations, or the impact on recognition and measurement considerations related to the results of published tax cases or other similar activities, the Company does not anticipate any significant changes to unrecognized tax benefits over the next 12 months. The Company accounts for income taxes regarding uncertain tax positions and recognized interest and penalties related to uncertain tax positions in income tax benefit/(expense) in the consolidated statements of operations. Total accrued interest and penalties recorded on the consolidated balance sheet were zero because the company prepaid the disputed amount. See Note 7 for additional details.

Due to our history of earnings, current, and expected future profitability, we believe there is sufficient objective positive evidence that it is more likely than not that we will realize our net deferred tax assets, therefore a valuation allowance over our federal and state net deferred tax assets is not needed, other than the state tax credit and federal capital loss carryforwards.

We are subject to U.S. federal income tax as well as income of multiple state tax and foreign tax jurisdictions. We are no longer subject to U.S. income tax examinations for the fiscal years prior to October 31, 2019, and are no longer subject to state income tax examinations for fiscal years prior to October 31, 2018.

The Company determined that certain foreign earnings to be indefinitely reinvested outside the United States. Our intent is to permanently reinvest these funds outside of the United States and our current plans do not demonstrate a need to repatriate the cash to fund our U.S. operations. However, if these funds were repatriated, we would be required to accrue and pay applicable United States taxes (if any) and withholding taxes payable to foreign tax authorities.