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Note 5 - Income Taxes | 12 Months Ended
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Dec. 31, 2018
Notes to Financial Statements |
Income Tax Disclosure [Text Block] | 5. Income Taxes On December 22, 2017, the Tax Cuts and Jobs Act ("the Act") significantly revised U.S. corporate income tax law. The Act includes, among other things, a reduction in the U.S. federal corporate income tax rate from 35% to 21% effective for taxable years beginning after December 31, 2017, and the implementation of a modified territorial tax system that includes a one -time transition tax on deemed repatriated earnings of foreign subsidiaries ("Transition Tax") that is payable over a period of up to eight years. On December 22, 2017, the SEC staff issued Staff Accounting Bulletin No. 118 to address the application of GAAP in situations when a registrant did not have the necessary information available, prepared, or analyzed (including computations) in reasonable detail to complete the accounting for certain income tax effects of the Act. The Company recognized the provisional tax impacts related to the deemed repatriated earnings and the revaluation of deferred tax assets and liabilities and included these amounts in its consolidated financial statements for the year ended December 31, 2017. The final impact differed from these provisional amounts, due to additional analysis and regulatory guidance issued. The accounting was completed in the fourth quarter of 2018. Beginning in 2018, the Act includes two new U.S. corporate tax provisions, the global intangible low-taxed income ("GILTI") and the base-erosion and anti-abuse tax ("BEAT"). The GILTI provision requires the Company to include in its U.S. income tax return non-U.S. subsidiary earnings in excess of an allowable return on the non-U.S. subsidiary's tangible assets. The Company has elected to treat GILTI as a period cost. The Company evaluated the GILTI resulting in a financial statement impact of $0.4 million for the year ended December 31, 2018. The Company is below the three year average gross receipts threshold for BEAT to apply. Income before income taxes is summarized as follows (in thousands):
|  | Year Ended December 31, |
|  | 20 18 |  |  | 20 17 |
Domestic |  | $ | (2,802 | ) |  | $ | 289 |
Foreign |  |  | 5,842 |  |  |  | 3,865 |
Total: |  | $ | 3,040 |  |  | $ | 4,154 |
The income tax expense is summarized as follows (in thousands):
|  | Year Ended December 31, |
|  | 20 18 |  |  | 20 17 |
Current: |  |  |  |  |  |  |  |
Federal |  | $ | (155 | ) |  | $ | 79 |
Foreign |  |  | 1,501 |  |  |  | 1,131 |
State |  |  | 158 |  |  |  | 128 |
Deferred expense (benefit): |  |  |  |  |  |  |  |
Federal |  |  | (54 | ) |  |  | 1,571 |
Foreign |  |  | 147 |  |  |  | (117 | )
State |  |  | (195 | ) |  |  | 185 |
Net expense |  | $ | 1,402 |  |  | $ | 2,977 |
The provision for income taxes is different from that which would be obtained by applying the statutory federal income tax rate to income before income taxes. The items causing this difference are as follows (dollars in thousands):
|  | Year Ended December 31, |
|  | 2018 |  |  | Rate |  |  | 2017 |  |  | Rate |
Provision for income taxes at federal statutory rate |  | $ | 638 |  |  |  | 21.0 | % |  | $ | 1,421 |  |  |  | 34.0 | %
State income taxes, net of federal benefit |  |  | (73 | ) |  |  | (2.4% | ) |  |  | 17 |  |  |  | 0.4 | %
Permanent differences |  |  | (60 | ) |  |  | (2.0% | ) |  |  | 85 |  |  |  | 2.1 | %
Federal Research and Development Credit |  |  | – |  |  |  | – |  |  |  | 41 |  |  |  | 1.0 | %
Foreign tax rate differential |  |  | 304 |  |  |  | 10.0 | % |  |  | (494 | ) |  |  | (11.8% | )
GILTI tax |  |  | 439 |  |  |  | 14.4 | % |  |  | 798 |  |  |  | 19.0 | %
Reduction in deferred tax asset – Reduction of corporate tax rate |  |  | – |  |  |  | – |  |  |  | 1,043 |  |  |  | 24.8 | %
Other |  |  | 154 |  |  |  | 5.5 | % |  |  | 66 |  |  |  | 1.7 | %
Net expense |  | $ | 1,402 |  |  |  | 46.5 | % |  | $ | 2,977 |  |  |  | 71.2 | %
Deferred taxes consist of the following (in thousands): |  | December 31, |
|  | 20 18 |  |  | 20 17 |
Deferred tax assets: |  |  |  |  |  |  |  |
Net operating loss carry forwards |  | $ | 1,357 |  |  | $ | 1,313 |
Federal Research and Development Credit |  |  | 240 |  |  |  | 240 |
Deferred revenue |  |  | 109 |  |  |  | 360 |
Accrued payroll |  |  | 73 |  |  |  | – |
Allowance for doubtful accounts and other receivable |  |  | 36 |  |  |  | 59 |
Share-based compensation expense |  |  | 545 |  |  |  | 646 |
Foreign subsidiaries |  |  | 733 |  |  |  | 588 |
Depreciation |  |  | 396 |  |  |  | 360 |
Other |  |  | 439 |  |  |  | 26 |
Federal Alternative Minimum Tax |  |  | – |  |  |  | 156 |
Valuation allowance |  |  | (292 | ) |  |  | – |
Total deferred tax assets |  |  | 3,636 |  |  |  | 3,748 |
Deferred tax liabilities: |  |  |  |  |  |  |  |
Goodwill |  |  | 76 |  |  |  | 224 |
Intangible assets of subsidiaries |  |  | 513 |  |  |  | – |
Capitalized software development costs |  |  | 479 |  |  |  | 469 |
Total deferred tax liabilities |  |  | 1,068 |  |  |  | 693 |
Net deferred taxes |  | $ | 2,568 |  |  | $ | 3,055 |
At December 31, 2018, the Company has Federal and State NOL carryforwards of $5.4 million which if unused will expire in years 2026 through 2029, except for approximately $350,000 that has no expiration. Approximately $300,000 of the NOLs were incurred prior to the acquisition of PIA Merchandising Services, Inc. in 1999. The acquisition resulted in a change of ownership under Internal Revenue Code ("IRC") section 382 and placed a limit on the amount of pre-acquisition NOLs that may be used each year to reduce taxable income. This NOL of approximately $300,000 was unused in 2018 and was written off, resulting in a $84,000 tax expense. Management assesses the available positive and negative evidence to estimate if sufficient future taxable income will be generated to use the existing net deferred tax assets. For our U.S. based net deferred tax assets, which are approximately $2 million, management continues to monitor its operating performance and currently believes that the achievement of the required future U.S. taxable income necessary to realize these deferred assets is more-likely-than- not. Key considerations in this assessment includes current tax law that is expected to continue to generate future U.S. taxable income based on the results of our foreign operations (GILTI tax), our expectation of improvements in U.S. operating results and the period of time available to generate future taxable income. It is reasonably possible that this belief could change in the near term requiring the establishment of a valuation allowance which could significantly impact our operating results. A reconciliation of the beginning and ending amount of uncertain tax position reserves is as follows (in thousands):
|  | Year Ended December 31, |
|  | 20 18 |  |  | 20 17 |
Beginning balance |  | $ | 116 |  |  | $ | 116 |
Removal for tax provisions of prior years |  |  | (15 | ) |  |  | – |
Ending balance |  | $ | 101 |  |  | $ | 116 |
Interest and penalties that the tax law requires to be paid on the underpayment of taxes should be accrued on the difference between the amount claimed or expected to be claimed on the return and the tax benefit recognized in the financial statements. The Company's policy is to record this interest and penalties as additional tax expense. Details of the Company's tax reserves at December 31, 2018, are outlined in the table below (in thousands):
|  | Taxes |  |  | Interest |  |  | Penalty |  |  | Total Tax Liability |
Domestic |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |
State |  | $ | 101 |  |  | $ | 50 |  |  | $ | 8 |  |  | $ | 159 |
Federal |  |  | – |  |  |  | – |  |  |  | – |  |  |  | – |
International |  |  | – |  |  |  | – |  |  |  | – |  |  |  | – |
Total reserve |  | $ | 101 |  |  | $ | 50 |  |  | $ | 8 |  |  | $ | 159 |
In management's view, the Company's tax reserves at December 31, 2018 and 2017, for potential domestic state tax liabilities were sufficient. The Company has evaluated the tax liabilities of its international subsidiaries and does not believe a reserve is necessary at this time. SPAR and its subsidiaries file numerous consolidated, combined and separate company income tax returns in the U.S. Federal jurisdiction and in many U.S. states and foreign jurisdictions. With few exceptions, SPAR is subject to U.S. Federal, state and local income tax examinations for the years 2013 through the present. However, tax authorities have the ability to review years prior to the position taken by the Company to the extent that SPAR utilized tax attributes carried forward from those prior years.

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- Definition The entire disclosure for income taxes. Disclosures may include net deferred tax liability or asset recognized in an enterprise's statement of financial position, net change during the year in the total valuation allowance, approximate tax effect of each type of temporary difference and carryforward that gives rise to a significant portion of deferred tax liabilities and deferred tax assets, utilization of a tax carryback, and tax uncertainties information. + References Reference 1: http://fasb.org/us-gaap/role/ref/legacyRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -URI http://asc.fasb.org/topic&trid=2144680 + Details
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