12. Income Taxes

The Company’s components of loss before income taxes (in thousands) are as follows:


	Year Ended December 31,
	2018		2017		2016
			(as adjusted)		(as adjusted)
Domestic	$	(20,577)	$	(32,238)	$	(39,214)
Foreign		(4,628)		(4,866)		(5,079)
Loss before income taxes	$	(25,205)	$	(37,104)	$	(44,293)

The Company’s components of income tax benefit (in thousands) are as follows:


	Year Ended December 31,
	2018		2017		2016
			(as adjusted)		(as adjusted)
Current federal benefit	$	55	$	40	$	215
Current state (expense) benefit		(14)		3,545		181
Current foreign benefit		—		2,492		—
Deferred federal (expense) benefit		(274)		(51)		5,326
Deferred state benefit (expense)		344		697		(867)
Deferred foreign benefit (expense)		687		(1,409)		1,105
Income tax benefit	$	798	$	5,314	$	5,960

The 2017 Tax Cuts and Jobs Act was enacted on December 22, 2017 resulting in significant changes to the Internal Revenue Code. This reform changed the U.S. Statutory tax rate from 35% to 21% for tax years beginning after December 31, 2017. The Company was required to recognize the effect of the tax law changes in the period of enactment, such as remeasuring the domestic deferred tax assets and liabilities as well as reassessing the net realizability of deferred tax assets and liabilities. Due to the Company’s current loss position and domestic valuation allowances, the tax reform did not have a material impact on the consolidated financials.

In December 2017, the SEC staff issued Accounting Bulletin No. 118, Income Tax Accounting Implications of the Tax Cuts and Jobs Act (“SAB 118”), which allows companies to record provisional amounts during a measurement period not to extend beyond one year from the enactment date. The Tax Cuts and Jobs act was enacted in late fourth quarter of 2017 and provisional amounts were recorded. Subsequent guidance was received throughout the year and the accounting of deferred tax re-measurement was completed in accordance with SAB 118. Adjustments did not have a material impact on the consolidated financials due to the domestic loss position and the associated valuation allowances on the domestic deferred tax assets.

The income tax provision differs from the amount computed by applying the statutory federal income tax rate to losses before income taxes as follows (in thousands):


	Year Ended December 31,
	2018		2017		2016
			(as adjusted)		(as adjusted)
Tax benefit computed at statutory rate of 21% and 35% (1)	$	5,293	$	12,986	$	15,503
Change in valuation allowance		(5,811)		(4,747)		(9,995)
State income tax benefit (expense), net of federal tax		260		2,757		(446)
Foreign losses		1,319		1,593		985
Tax reform impact to deferred tax balances (2)		—		(7,590)		—
Other		(263)		315		(87)
Income tax benefit	$	798	$	5,314	$	5,960

(1)

Statutory rate of 21% for year ended December 31, 2018 and 35% for years ended December 31, 2017 and 2016.

(2)

Due to the Tax Cuts and Jobs Act enacted on December 22, 2017, the Company’s domestic deferred tax assets and liabilities were remeasured from 35% to 21% as of December 31, 2017. The change in tax rate resulted in a decrease to the gross domestic deferred tax asset which is offset by a corresponding decrease to the valuation allowance.

The principal components of the Company’s net deferred tax assets (liabilities) are as follows (in thousands):


	December 31,
	2018		2017
Deferred tax assets:
Federal tax net operating loss ("NOL") carryforward	$	24,848	$	21,014
Foreign tax NOL carryforward		5,298		4,410
Deferred revenue		697		626
Restricted stock and restricted stock unit awards		320		192
Workers’ compensation		60		64
State tax NOL carryforward		2,134		1,529
Self-insurance		111		128
Canadian start-up costs		137		156
Alternative Minimum Tax ("AMT") credit carryforward		315		315
Foreign deferred taxes		466		874
Other comprehensive income		490		242
Other		92		80
Gross deferred tax assets		34,968		29,630
Less valuation allowances		(22,806)		(17,366)
Net deferred tax assets		12,162		12,264
Deferred tax liabilities:
Property and equipment		(12,003)		(12,914)
Net deferred tax assets (liabilities)	$	159	$	(650)
Foreign deferred tax liabilities	$	(134)	$	(874)
Domestic deferred tax assets		293		224
Net deferred tax assets (liabilities)	$	159	$	(650)

At December 31, 2018, the Company had a NOL for U.S. federal income tax purposes of approximately $118,326,000. This NOL will begin to expire in 2027. Losses incurred after the year ended December 31, 2017 have no expiration. The Company will carry forward the tax benefits related to federal NOL of approximately $24,848,000. The Company also had state NOL’s that will affect state taxes of approximately $2,702,000 at December 31, 2018. State NOL’s began to expire in 2015. The Company also had a Canadian NOL of $20,379,000 that will begin to expire in 2037.

In evaluating the possible sources of taxable income during 2018, the Company determined it is more likely than not that the remaining deferred tax assets will not be realizable. As a result, the Company recorded full valuation allowances against its federal and state deferred tax assets with the exception of its trademark intangible and the AMT credit which will be refundable within the next four years. A partial valuation allowance was recorded against foreign deferred tax assets excluding losses which are expected to be absorbed by future temporary differences.

A summary of the Company’s gross uncertain tax positions at December 31, 2018 and 2017 as well as activity for the years then ended are as follows (in thousands):


	December 31,
	2018		2017
Balance at beginning of year	$	—	$	1,489
Decrease in prior year tax positions		—		—
Increase in current year tax positions		—		—
Liability statute expiration		—		(1,489)
Balance at end of year	$	—	$	—

The Company’s policy is to recognize interest and penalties related to uncertain tax positions in income tax expense.

Due to the resolution of amended federal, state and foreign tax returns and the expiration of various statutes of limitations, the full uncertain tax positions balance at December 31, 2016 reversed in the twelve months ended December 31, 2017.