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Income Taxes
12 Months Ended
Dec. 31, 2023
Income Taxes  
Income Taxes

Note 8 – Income Taxes

Under GAAP, we use the asset and liability method of accounting for income taxes. Under this method, deferred tax assets and liabilities are recognized for the future tax consequences attributable to differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases. Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled.

The components of earnings before income taxes for the years ended December 31, 2023 and 2022 were as follows:

Year Ended

December 31, 

    

2023

    

2022

(in thousands)

Income (loss) before income taxes:

Domestic

$

(846)

$

1,363

Foreign

 

571

 

580

$

(275)

$

1,943

Income tax provision consists of the following for the years ended December 31, 2023 and 2022:

Year Ended

December 31, 

    

2023

    

2022

(in thousands)

Income tax provision (benefit):

Current

    

  

    

  

Federal

$

27

$

254

State

 

10

 

13

Foreign

 

154

 

130

Total current

 

191

 

397

Deferred:

 

 

Federal

 

 

State

 

 

Foreign

 

(83)

 

(126)

Total deferred

 

(83)

 

(126)

Total income tax provision

$

108

$

271

A reconciliation of the income tax provision (benefit) by applying the statutory United States federal income tax rate to income (loss) before income taxes is as follows:

Year Ended December 31, 

 

2023

2022

 

    

$

    

%

    

$

    

%

 

(in thousands, except percentages)

 

Federal income tax provision (benefit) at statutory rate

$

(57)

21.0

%  

$

408

21.0

%

State tax expense net of federal tax benefit

 

(54)

19.6

%

 

130

6.7

Foreign taxes

 

23

(8.4)

%

 

22

1.1

Other

 

49

(17.8)

%

 

(137)

(7.1)

Change in valuation allowance

 

147

(53.4)

 

(152)

(7.8)

Income tax provision

$

108

39.3

%  

$

271

13.9

%

Deferred tax assets and liabilities are recognized for future tax consequences between the carrying amounts of assets and liabilities and their respective tax basis using enacted tax rates in effect for the fiscal year in which the differences are expected to reverse. Significant deferred tax assets and liabilities, consist of the following:

December 31, 

    

2023

    

2022

(in thousands)

Deferred taxes, net

Net operating loss carryforward

$

235

$

211

Accruals

 

52

 

62

Reserves

 

150

 

66

Property, plant and equipment, and intangible assets

 

194

 

124

Stock-based compensation expense

 

85

 

85

Other

 

7

 

63

Total deferred tax assets

 

723

 

611

Valuation allowance

 

(640)

 

(477)

Net deferred tax assets

$

83

$

134

Intangible assets

 

(626)

 

Net deferred tax liabilities

$

(626)

$

Deferred taxes are recorded for the following net operating losses (“NOLs”) that can be used in future tax years:

December 31, 

    

2023

    

2022

(in millions)

Net operating losses

Federal

$

0.5

$

0.6

State

 

1.9

 

1.3

Foreign

 

 

$

2.4

$

1.9

The federal and state NOLs expire at various dates between 2023 through 2030. Foreign NOLs are related to the jurisdiction of Hong Kong and may be carried forward indefinitely.

The Company experienced an ownership change under IRC Section 382 in February 2010. In general, a Section 382 ownership change occurs if there is a cumulative change in our ownership by “5% shareholders” (as defined in the Internal Revenue Code of 1986, as amended) that exceeds 50 percentage points over a rolling three-year period. An ownership change generally affects the rate at which NOLs and potential other deferred tax assets are permitted to offset future taxable income. Certain state jurisdictions within which we operate contain similar provisions and limitations. As of December 31, 2022, $29.7 million of the federal NOLs and $13.7 million of the state NOLs are subject to annual limitations due to the February 2010 ownership change, at approximately $71,000 per year. Because these limitations preclude the use of a large portion of these NOLs, the Company permanently wrote-off the related deferred tax assets during the year ended December 31, 2015. Because the Company maintained a full valuation allowance against these deferred tax assets, this write-off had no impact on tax expense. At December 31, 2023, the gross NOLs without regard to this permanent write-off is $29.7 million for federal and $13.7 million for state. A roll-forward of the NOLs for which deferred tax assets are now recorded is as follows:

Year Ended

December 31, 

    

2023

    

2022

(in millions)

Net operating losses

Balance at January 1,

$

1.9

$

4.3

NOL generated (utilized)

 

0.5

 

(2.4)

NOL expired unused

 

 

Other, including changes in foreign exchange rates

 

 

Balance at December 31,

$

2.4

$

1.9

Management assesses the available positive and negative evidence to estimate if sufficient future taxable income will be generated to utilize the existing deferred tax assets. We analyzed our need to record a valuation allowance against our otherwise recognizable net deferred tax assets in the federal, state and foreign jurisdictions, and we determined that a valuation allowance on federal and state deferred tax assets was necessary at both December 31, 2023 and 2022, while no valuation allowance on foreign deferred tax assets was necessary at both December 31, 2023 and 2022. One objective negative piece of evidence we evaluated was our cumulative domestic loss incurred over the three-year periods ended December 31, 2023 and 2022. Such objective negative evidence limits our ability to consider other subjective evidence, such as our projections for future profitability. On the basis of this evaluation, as of December 31, 2023 and 2022, a valuation allowance of $640,000 and $477,000, respectively, was recorded against our domestic deferred tax assets. The amount of deferred tax assets considered realizable could be adjusted in future periods if estimates of future taxable income during the carryforward period are reduced or increased, or if objective negative evidence in the form of cumulative losses is no longer present and additional weight is given to subjective evidence such as our projections for future profitability.

The Internal Revenue Code includes a provision, referred to as Global Intangible Low-Taxed Income (“GILTI”), which provides for a 10.5% tax on certain income of controlled foreign corporations. We have elected to account for GILTI as a period cost if and when occurred, rather than recognizing deferred taxes for basis differences expected to reverse.

Of our $4.3 million of cash at December 31, 2023, $2.3 million was held by our foreign subsidiaries. If these funds are needed for U.S. operations or for acquisitions, we have several methods to repatriate the funds without significant tax effects, including repayment of intercompany loans or distributions of previously taxed income. Other distributions may require us to incur U.S. or

foreign taxes to repatriate these funds. However, our intent is to permanently reinvest these funds outside the U.S. and our current plans do not demonstrate a need to repatriate cash.

The Company is subject to taxation in the U.S. and various states and foreign jurisdictions. U.S. federal income tax returns after 2020 remain open to examination. We and our subsidiaries are also subject to income tax in multiple state and foreign jurisdictions. Generally, state and foreign income tax returns after 2019 remain open to examination. No income tax returns are currently under examination. As of December 31, 2023 and 2022, the Company does not have any unrecognized tax benefits, and continues to monitor its current and prior tax positions for any changes. The Company recognizes penalties and interest related to unrecognized tax benefits as income tax expense. For the years ended December 31, 2023 and 2022, there were no penalties or interest recorded in income tax expense.