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Note 15- Income Taxes
 12 Months Ended
Aug. 31, 2023
Notes to Financial Statements  
Income Tax Disclosure [Text Block]

15.

INCOME TAXES

 

The provision for income taxes for the fiscal years ended August 31, 2023 and 2022 was approximately as follows:

 

   

Fiscal Year Ended August 31,

  
   

2023

    

2022

  

Current:

                

Federal

   $ —     $ —  

State

     26,000       98,000  

Foreign

     1,857,000       1,894,000  
      1,883,000       1,992,000  

Deferred:

                

Federal

     —       —  

State

     —       —  

Foreign

     (533,400 )     (118,164 )
      (533,400 )     (118,164 )
    $ 1,349,600     $ 1,873,836  

 

Reconciliations of the expected federal income tax at the statutory rate of 21.0% with the provisions for income taxes for the fiscal years ended August 31, 2023 and 2022 were approximately as follows:

 

   

Fiscal Year Ended August 31,

  
   

2023

    

2022

  

Tax computed at statutory rates

   $ 1,352,000     $ 1,780,000  

State income tax, net of federal benefit

     (20,000 )     34,000  

Tax effect on equity in income of international joint ventures

     (1,354,000 )     (988,000 )

Tax effect of foreign operations

     1,005,000       1,004,000  

Deemed repatriation

     —       10,000  

Foreign tax credit

     783,000       —  

Research and development credit

     (710,000 )     (244,000 )

Valuation allowance

     354,000       133,000  

Stock based compensation

     31,000       67,000  

Non-controlling interest

     (59,000 )     (72,000 )

Prior year true-up

     (51,000 )     —  

Other

     18,600       149,836  
    $ 1,349,600     $ 1,873,836  

 

The Company has not provided U.S. income taxes or foreign withholding taxes with respect to its portion of the cumulative undistributed earnings of certain foreign subsidiaries and joint ventures that are essentially permanent in duration. As a result of the 2017 tax law changes, U.S. federal income taxes on dividends received from the Company’s foreign subsidiaries and joint ventures after December 31, 2017 have been generally eliminated. However, the Company continues to be subject to foreign withholding taxes upon repatriation of any undistributed earnings that are not essentially permanent in duration. The Company recorded a tax expense of approximately $51,600 and $8,000 during fiscal 2023 and fiscal 2022, respectively, representing changes in the deferred tax liability for foreign withholding taxes to be paid with respect to the portion of the cumulative undistributed earnings of foreign subsidiaries and joint ventures that the Company determined were not essentially permanent in duration.

 

The Company measures deferred tax assets and liabilities using enacted tax rates that will apply in the years in which the temporary differences are expected to be recovered or paid. The tax effect of the temporary differences and tax carryforwards comprising the net deferred taxes shown on the consolidated balance sheets as of August 31, 2023 and 2022 was approximately as follows:

 

 

   

August 31,

  
   

2023

    

2022

  

Stock-based compensation

   $ 556,700     $ 547,200  

Foreign tax credit carryforward

     4,036,000       4,892,100  

Capitalized research and experimentation

     1,106,000       —  

Other credit and loss carryforward

     6,034,000       5,455,500  

Other

     1,048,800       1,095,300  

Total deferred tax assets

     12,781,500       11,990,100  

Valuation allowance

     (11,933,700 )     (11,592,900 )

Total deferred tax assets after valuation allowance

     847,800       397,200  

Right-of-use asset

     (66,200 )     (98,300 )

Intangible assets

     (1,670,700 )     (1,777,200 )

Unremitted foreign earnings

     (214,800 )     (163,200 )

Other

     (201,215 )     (58,500 )

Total deferred tax liabilities

     (2,152,915 )     (2,097,200 )

Net deferred tax liabilities

   $ (1,305,115 )   $ (1,700,000 )

 

As of August 31, 2023, the Company has foreign tax credit carryforwards of $4,036,000. This amount begins to expire to the extent not utilized by August 31, 2024. In addition, the Company had federal and state tax credit carryforwards of $4,503,600 as of August 31, 2023, which begin to expire in fiscal 2024. These federal and state tax credit carryforwards consist primarily of federal and Minnesota research and development credit carryforwards. The Company also has a deferred tax asset of $748,000 for federal net operating loss carryforwards and $290,000 for state net operating loss carryforwards as of August 31, 2023. The federal net operating loss carryforward has an indefinite carryforward period. The state net operating loss carryforward will begin to expire to the extent not utilized by August 31, 2024. The Company has a deferred tax asset of $492,500 for foreign net operating loss carryforwards, which will begin to expire to the extent not utilized by August 31, 2033.

 

The Company records a tax valuation allowance to reduce deferred tax assets to the amount expected to be realized when it is more likely than not that some portion or all of its deferred tax assets will not be realized.

 

The Company determined based on all available evidence, including historical data and projections of future results, that it is more likely than not that its domestic deferred tax assets will not be realized due to the absence of objectively verifiable sources of taxable income. On the basis of this evaluation, the Company has recorded a valuation allowance of $11,933,700 and $11,592,900 as of August 31, 2023 and 2022, respectively, to recognize only the portion of the deferred tax assets that is more likely than not to be realized. The net deferred tax asset as of August 31, 2023 and 2022 relates entirely to non-US deferred tax assets which are expected to be realized offset by deferred tax liability for withholding tax on cumulative undistributed earnings in foreign subsidiaries and joint ventures that the Company determined were not essentially permanent. The change in the valuation allowance totaled an increase of $340,800 and $145,400 for the years ended August 31, 2023 and 2022, respectively.

 

The following is a tabular reconciliation of the total amounts of approximated unrecognized tax benefits:

 

   

Fiscal Year Ended August 31,

  
   

2023

    

2022

  

Gross unrecognized tax benefits – beginning balance

   $ 319,000     $ 297,600  

Gross increases – prior period tax positions

     100       3,400  

Gross increases – current period tax positions

     42,100       18,000  

Gross unrecognized tax benefits – ending balance

   $ 361,200     $ 319,000  

 

The entire amount of unrecognized tax benefits would affect the effective tax rate if recognized. It is not expected that the amount of unrecognized tax benefits will change significantly in the next 12 months.

 

 

The Company recognizes interest related to unrecognized tax benefits and penalties as income tax expense. Accrued interest and penalties are included within the related tax liability line in the consolidated balance sheet. There was no liability for the payment of interest and penalties as of both August 31, 2023 and August 31, 2022.

 

On August 16, 2022, the Inflation Reduction Act (“IRA”) was signed into law in the United States. Among other provisions, the IRA includes a 15% corporate minimum tax rate applied to certain large corporations and a 1% excise tax on corporate stock repurchases made after December 31, 2022. The IRA has not had a material impact on our consolidated financial statements.

 

The Company is subject to taxation in the United States and various states and foreign jurisdictions. With few exceptions, as of August 31, 2023, the Company is no longer subject to federal, state, local, or foreign examinations by tax authorities for years prior to August 31, 2020.