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Note 20 - Income Taxes
12 Months Ended
Dec. 31, 2017
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
(
20
)         Income Taxes
 
The Company accounts for income taxes under the liability method. Accordingly, deferred income taxes have been provided for temporary differences between the recognition of revenue and expenses for financial and income tax reporting purposes and between the tax basis of assets and liabilities and their reported amounts in the consolidated financial statements.
On
December 22, 2017,
the U.S. government enacted comprehensive Federal tax legislation commonly referred to as the Tax Cuts and Jobs Act of
2017
(the "Tax Act"). The Tax Act significantly modifies the U.S. corporate income tax system by, among other things, reducing the federal income tax rate from
35%
to
21%,
limiting certain deductions, including limiting the deductibility of interest expense to
30%
of U.S. Earnings Before Interest, Taxes, Depreciation and Amortization, imposing a mandatory
one
-time deemed repatriation tax on accumulated foreign earnings and creating a territorial tax system that changes the manner in which future foreign earnings are subject to U.S. tax.
 
The components of income (loss) before taxes are as follows (in thousands):
 
   
Year ended December 31,
 
   
2017
   
2016
 
Domestic
  $
(7,328
)   $
5,375
 
Foreign
   
(4,112
)    
969
 
Total   $
(11,440
)   $
6,344
 
 
The components of income tax (benefit) expense are as follows (in thousands):
 
   
Year ended December 31,
 
   
2017
   
2016
 
Current:
           
Federal
  $
(184
)   $
0
 
State
   
39
     
222
 
Foreign
   
194
     
79
 
Total current income tax expense    
49
     
301
 
                 
Deferred:
               
Federal
   
(600
)    
0
 
State
   
(67
)    
0
 
Foreign
   
0
     
0
 
Total deferred income tax (benefit) expense    
(667
)    
0
 
Income tax (benefit) expense, net
  $
(618
)   $
301
 
 
Income tax (benefit) expense for each year is allocated to continuing operations, discontinued operations, extraordinary items, other comprehensive income, the cumulative effects of accounting changes, and other charges or credits recorded directly to shareholders’ equity. ASC
740
-
20
-
45
Income Taxes, Intraperiod Tax Allocation, Other Presentation Matters
includes an exception to the general principle of intraperiod tax allocations. The codification source states that the tax effect of pretax income or loss from continuing operations generally should be determined by a computation that considers only the tax effects of items that are included in continuing operations. The exception to that incremental approach is that all items (i.e. other comprehensive income, discontinued operations, etc.) be considered in determining the amount of tax benefit that results from a loss from continuing operations and that benefit should be allocated to continuing operations. That is, when a company has a current period loss from continuing operations, management must consider income recorded in other categories in determining the tax benefit that is allocated to continuing operations. This includes situations in which a company has recorded a full valuation allowance at the beginning and end of the period, and the overall tax provision for the year is zero. The intraperiod tax allocation is performed once the overall tax provision has been computed and allocates that provision to various income statement (continuing operations, discontinued operations), other comprehensive income and balance sheet captions. While the intraperiod tax allocation does
not
change the overall tax provision, it results in a gross-up of the individual components. Additionally, tax jurisdictions must be considered separately; therefore the allocation to the U.S. and Mexico must be looked at separately.
 
As the Company experienced a net loss from operations in the U.S. for the year ended
December 
31,
 
2017
and other comprehensive income from employee benefit and foreign currency translation adjustments, the Company has allocated income tax expense against the components of other comprehensive income in
2017
using a
38.9%
effective tax rate. Income tax benefit for the year ended
December 
31,
 
2017
includes a benefit of
$667,000
due to the required intraperiod tax allocation. Conversely, other comprehensive income for the year ended
December 
31,
 
2017
includes income tax expense of
$667,000.
 
The Company files a consolidated federal income tax return which includes all
domestic subsidiaries. State income taxes paid in the U.S. during
2017
and
2016
totaled
$110,000
and
$41,000,
respectively. State income tax refunds received in the U.S. during
2017
totaled
$63,000.
There were
no
state income tax refunds in
2016.
Foreign income taxes paid during
2017
and
2016
totaled
$486,000
and
$141,000,
respectively. There were
no
foreign refunds received in
2017
and
2016.
There were
no
federal taxes paid in
2017
and
2016,
and there were
no
federal refunds received in
2017
and
2016.
At
December 
31,
 
2017,
the Company had
$134,962,000
of federal net operating loss carryforwards available to offset future federal taxable income, which will expire in various amounts from
2025
to
2036.
 
At
December 
31,
2017,
the Company had
$95,294,000
of state net operating loss carryforwards available to offset future state taxable income, the majority of which relates to Florida and Kentucky. These carryforwards expire in various amounts from
2019
to
2037.
 
The following is a reconciliation of income tax (benefit) expense to that computed by applying the federal statutory rate to income (loss) before income taxes (in thousands):
 
   
Year ended December 31,
 
   
2017
   
2016
 
Federal tax expense at the statutory rate
  $
(4,004
)   $
2,220
 
Current year permanent differences
   
239
     
598
 
State income taxes, net of federal tax impact
   
(262
)    
528
 
Federal tax reform
– deferred rate change
   
19,395
     
0
 
State deferred rate change
   
239
     
0
 
Foreign repatriation, net of foreign tax credits
   
(544
)    
165
 
Effect of tax rates of foreign subsidiaries
   
203
     
(51
)
Currency translation effect on temporary differences
   
(372
)    
626
 
Change in valuation allowance
   
(15,230
)    
(6,256
)
State NOL carryforwards, stock compensation and other items
   
(282
)    
2,471
 
Income tax (benefit) expense, net   $
(618
)   $
301
 
 
ASC
740,
Income Taxes
,
requires that a valuation allowance be established when it is more likely than
not
that all or a portion of a deferred tax asset will
not
be realized. The net cumulative domestic and foreign losses for the current and prior
two
years represents negative evidence under the provisions of ASC
740
requiring the Company to establish a valuation allowance against all deferred tax assets. Until an appropriate level and characterization of profitability is attained, the Company expects to continue to maintain a valuation allowance on its net deferred tax assets related to future U.S. and non-U.S. tax benefits.
 
In addition, we remeasured certain net deferred tax assets and
liabilities based on the tax rates at which they are expected to reverse in the future. The estimated total impact upon enactment of the Tax Act is
$19,395,000,
however, this impact has been offset due to our valuation allowance. Our analysis could affect the measurement of these balances and give rise to new deferred and other tax assets and liabilities. Since the Tax Act was passed late in the
fourth
quarter of
2017,
and further guidance and accounting interpretation is expected over the next
12
months, our review is still pending. We expect to complete our analysis of the amounts recorded upon enactment of the Tax Act within the measurement period of
one
year.
 
The T
ax Act also provides that undistributed and previously untaxed post-
1986
foreign earnings will be deemed distributed in
2017
and be subject to tax at reduced effective rates (Transition Tax). The Company estimates it has a net cumulative deficit in E&P from its foreign subsidiaries and, consequently, will
not
be subject to the Transition Tax. In the event that a final calculation were to result in a nominal Transition Tax, the Company has an NOL in excess of the accumulated E&P of its Mexican subsidiaries as of
December 
31,
 
2017,
therefore it will
not
incur a liability for the deemed repatriation of foreign earnings. Additionally, as of
December 
31,
 
2017,
the Company’s U.S. deferred liability for cumulative undistributed earnings has been eliminated.
 
The gross deferred tax asset for the Company
’s Mexican subsidiaries was
$4,942,000
and
$3,269,000
as of
December 31, 2017
and
2016,
respectively.
 
Deferred income tax assets and liabilities are as follows
(in thousands):
 
   
December 31,
 
 
 
 
   
2017
   
2016
 
Deferred tax assets:
               
Compensation and benefit accruals
  $
585
    $
1,517
 
Inventory valuation
   
739
     
1,481
 
Federal and state net operating loss carryforwards
   
32,646
     
49,298
 
Deferred revenue
   
296
     
63
 
Accounts receivable allowance
   
34
     
153
 
Defined benefit pension plan
   
802
     
1,627
 
Foreign deferred revenue and other provisions
   
4,942
     
3,269
 
AMT credits
   
0
     
185
 
Other
   
917
     
777
 
Total
   
40,961
     
58,370
 
Domestic valuation allowance
   
(35,387
)    
(52,900
)
Foreign valuation allowance
   
(4,942
)    
(3,269
)
Total deferred tax assets    
632
     
2,201
 
Deferred tax liabilities:
               
Foreign subsidiaries
– unrepatriated earnings
   
0
     
(543
)
Depreciation
   
(632
)    
(1,658
)
Total deferred tax liabilities    
(632
)    
(2,201
)
Net deferred tax asset
  $
0
    $
0
 
 
The ASC Income Tax topic includes guidance for
the accounting for uncertainty in income taxes recognized in an enterprise’s financials. Specifically, the guidance prescribes a recognition threshold and measurement attribute for the financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return and also provides guidance on derecognition, classification, interest and penalties, accounting in interim periods, disclosure, and transition. The total amount of gross unrecognized tax benefits as of
December 31, 2017
and
2016
was
$200,000
.
There were
no
changes to the unrecognized tax benefit balance during the years ended
December 
31,
2017
and
2016.
 
If the Company
’s positions are sustained by the taxing authority, the entire balance at
December 
31,
 
2017
would reduce the Company’s effective tax rate. The Company does
not
expect its unrecognized tax benefits to change significantly over the next
12
 months. The Company recognizes accrued interest and penalties related to uncertain tax positions in income tax expense. As of
December 
31,
 
2017
and
2016,
the Company does
not
have an accrual for the payment of tax-related interest and penalties.
 
The Company files income tax returns in the U.S. federal jurisdiction, and various state and foreign jurisdictions. The Internal Revenue Service (IRS) is
not
currently examining the Company
’s U.S. income tax returns for
2013
through
2016,
for which the statute has yet to expire. In addition, open tax years related to state and foreign jurisdictions remain subject to examination.