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Income Taxes
 12 Months Ended
Sep. 30, 2021
Income Tax Disclosure [Abstract]  
Income Taxes

10. Income Taxes

 

Income tax expense (benefit) consisted of the following (in thousands):

 

     2021       2020       2019 
   Years Ended September 30, 
   2021   2020   2019 
             
Current               
Federal  $

4,598

   $215   $1,886 
State and local   

644

    560    1,037 
Total current income tax expense   

5,242

    775    2,923 
                
Deferred               
Federal   

(161

)   (1,248)   913 
State and local   (1,092)   (20)   (92)
Total deferred income tax expense (benefit)   (1,253)   (1,268)   821 
                
Total income tax expense (benefit)  $

3,989

   $(493)  $3,744 

 

The Company and its subsidiaries do not operate in tax jurisdictions outside of the United States.

 

 

RCI HOSPITALITY HOLDINGS, INC.

Notes to Consolidated Financial Statements

 

10. Income Taxes - continued

 

Income tax expense (benefit) differs from the “expected” income tax expense computed by applying the U.S. federal statutory rate to earnings before income taxes for the years ended September 30 as a result of the following (in thousands):

 

     2021       2020       2019 
   Years Ended September 30, 
   2021   2020   2019 
Federal statutory income tax expense (benefit)  $7,169   $(1,429)  $5,080 
State income taxes, net of federal benefit   716    253    672 
Permanent differences   (434)   395    45 

Change in state tax rate

   (804)   -    - 
Change in valuation allowance   (632)   1,273    - 
Tax credits   (1,207)   (945)   (900)
Other   (819)   (40)   (1,153)
Total income tax expense (benefit)  $3,989   $(493)  $3,744 

 

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. The significant components of the Company’s deferred tax assets and liabilities were as follows (in thousands):

 

     2021       2020 
   September 30, 
   2021   2020 
Deferred tax assets:          
Patron tax  $-   $349 
Capital loss carryforwards   899    1,263 
Net operating loss carryforwards   

664

    - 
Other   247    2,046 
Valuation allowance   (641)   (1,273)
 Net deferred tax assets   1,169    2,385 
Deferred tax liabilities:          
Intangibles   (12,174)   (14,106)
Property and equipment   (8,132)   (8,669)
 Deferred tax liabilities   (20,306)   (22,775)
Net deferred tax liability  $(19,137)  $(20,390)

 

Included in the Company’s deferred tax liabilities at September 30, 2021 and 2020 is the tax effect of indefinite-lived intangible assets from club acquisitions amounting to approximately $17.1 million and $14.9 million, respectively, which are not deductible for tax purposes. These deferred tax liabilities will remain in the Company’s consolidated balance sheet until the related clubs are sold or impaired.

 

The Company may recognize the tax benefit from uncertain tax positions only if it is at least more likely than not that the tax position will be sustained on examination by the taxing authorities, based on the technical merits of the position. The tax benefits recognized in the financial statements from such a position should be measured based on the largest benefit that has a greater than fifty percent likelihood of being realized upon settlement with the taxing authorities. We recognize accrued interest related to unrecognized tax benefits as a component of accrued liabilities. We recognize penalties related to unrecognized tax benefits as a component of selling, general and administrative expenses, and recognize interest accrued related to unrecognized tax benefits in interest expense. In fiscal 2019, the Company released the remaining amount accrued when the examination was closed.

 

 

RCI HOSPITALITY HOLDINGS, INC.

Notes to Consolidated Financial Statements

 

10. Income Taxes - continued

 

The following table shows the changes in the Company’s uncertain tax positions (in thousands):

 

                       
   Years Ended September 30, 
   2021   2020   2019 
Balance at beginning of year  $-   $-   $165 
Additions for tax positions of prior years   -    -    - 
Decrease related to settlements with taxing authorities   -    -    - 
Reduction due to lapse from closed examination   -    -    (165)
Balance at end of year  $-   $-   $- 

 

The full balance of uncertain tax positions, if recognized, would affect the Company’s annual effective tax rate, net of any federal tax benefits. The Company does not expect any changes that will significantly impact its uncertain tax positions within the next twelve months.

 

The Company or one of its subsidiaries files income tax returns in the U.S. federal jurisdiction, and various states. The Company’s federal income tax returns for the years ended September 30, 2013 through 2017 have been examined by the Internal Revenue Service (“IRS”) with no changes. The Company ordinarily goes through various federal and state reviews and examinations for various tax matters. Fiscal year ended September 30, 2018 and subsequent years remain open to federal tax examination. The Company is also being examined for state income taxes, the outcome of which may occur within the next twelve months.

 

On March 27, 2020, former President Trump signed the CARES Act into law. As a result of this, additional avenues of relief may be available to workers and families through enhanced unemployment insurance provisions and to small businesses through programs administered by the Small Business Administration. The CARES Act includes, among other items, provisions relating to payroll tax credits and deferrals, net operating loss carryback periods, alternative minimum tax credits and technical corrections to tax depreciation methods for qualified improvement property. The CARES Act also established a Paycheck Protection Program, whereby certain small businesses are eligible for a loan to fund payroll expenses, rent, and related costs. The loan may be forgiven if the funds are used for payroll and other qualified expenses. The Company has submitted its application for a PPP loan and on May 8, 2020 has received approval and funding for its restaurants, shared service entity and lounge. Ten of our restaurant subsidiaries received amounts ranging from $271,000 to $579,000 for an aggregate amount of $4.2 million; our shared-services subsidiary received $1.1 million; and one of our lounges received $124,000. None of our adult nightclub and other non-core business subsidiaries received funding under the PPP. The Company believes it has used the entire loan amount for qualifying expenses. Under the terms of the PPP, certain amounts of the loan may be forgiven if they are used for qualifying expenses as described in the CARES Act. The Company has currently utilized all of the PPP funds and has submitted its forgiveness applications. During fiscal 2021, we received 11 Notices of PPP Forgiveness Payment from the Small Business Administration out of the 12 of our PPP loans granted. All of the notices received forgave 100% of each of the 11 PPP loans totaling the amount of $5.3 million in principal and interest and were included in non-operating gains (losses), net in our consolidated statement of operations for the fiscal year ended September 30, 2021. In November 2021, we received a partial forgiveness of the remaining $124,000 PPP loan for $85,000 in principal and interest. The remaining unforgiven portion of approximately $41,000 in principal will be repaid as debt plus accrued interest. See Note 3.