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Note 13 - Income Tax
 12 Months Ended
Dec. 31, 2022
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
 

13.

Income Tax

 

Income tax expense for years ended December 31, 2022 and 2021 consisted of:

 

  

Year Ended December 31,

 

(in thousands)

 

2022

  

2021

 

Current income tax expense:

        

Federal and state

 $641  $363 

Foreign

  194   156 
   835   519 

Deferred income tax (benefit) expense:

        

Federal and state

  (468)  22 

Foreign

  (30)  (393)
   (498)  (371)

Total income tax expense

 $337  $148 

 

The effective tax rate for the year ended December 31, 2022 was (3.7)% as compared with (105.7)% for the same period in 2021. The difference between the Company’s effective tax rate year over year was primarily attributable to changes in the mix of pre-tax income and losses at individual subsidiaries, the impact of different tax rates in certain foreign jurisdictions, and the impact of changes in uncertain tax positions, Global Intangible Low-Taxed Income (GILTI), and valuation allowances.

 

Income tax expense for the years ended December 31, 2022 and 2021 differed from the amount computed by applying the U.S. federal income tax rate of 21% to pre-tax operations income as a result of the following:

 

  

Year Ended December 31,

 

(in thousands)

 

2022

  

2021

 

Provision for income taxes at federal statutory rates

 $(1,927) $(29)

Increase (decrease) in income taxes resulting from:

        

Permanent differences, net

  375   (362)

Non-deductible executive compensation

  346   412 

Global Intangible Low-Taxed Income (GILTI)

  552   - 

Foreign tax rate differential

  (103)  (217)

State income taxes, net of federal income tax benefit

  (295)  (16)

Non-deductible stock compensation expense

  69   280 

Tax credits

  492   455 

Net operating loss true-ups and expirations

  431   195 

Change in reserve for uncertain tax position

  688   (118)

Impact of change to prior year tax accruals

  (232)  269 

Change in valuation allowance allocated to income tax

  (102)  (961)

Other

  43   240 

Total income tax expense

 $337  $148 

 

Income tax expense is based on the following pre-tax income (loss) from operations:

 

  

Year Ended December 31,

 

(in thousands)

 

2022

  

2021

 

Domestic

 $(9,099) $2,364 

Foreign

  (80)  (2,504)

Total

 $(9,179) $(140)

 

The tax effects of temporary differences that give rise to significant components of the deferred tax assets and deferred tax liabilities at December 31, 2022 and 2021 are as follows:

 

  

Year Ended December 31,

 

(in thousands)

 

2022

  

2021

 

Deferred income tax assets:

        

Inventory

 $1,696  $1,280 

Operating loss and credit carryforwards

  14,883   18,046 

Accrued expenses

  621   835 

Deferred interest expense

  881   1,191 

Stock compensation

  675   580 

Lease liability

  1,538   1,693 

Research and development

  2,000   - 

Other assets

  726   386 

Total gross deferred assets

  23,020   24,011 

Less: valuation allowance

  (14,506)  (14,700)

Deferred tax assets

 $8,514  $9,311 
         

Deferred income tax liabilities:

        

Indefinite-lived intangible assets

 $1,914  $1,882 

Definite-lived intangible assets

  4,875   6,277 

Right-of-use asset

  1,148   1,277 

Other liabilities

  834   1,228 

Total deferred tax liabilities

  8,771   10,664 

Deferred income tax liability, net

 $(257) $(1,353)

 

Deferred income tax assets and liabilities by classification on the consolidated balance sheets were as follows:

 

  

Year Ended December 31,

 

(in thousands)

 

2022

  

2021

 

Deferred tax assets (included in other long-term assets)

 $333  $205 

Deferred income tax liabilities

  (590)  (1,558)

Deferred income tax liability, net

 $(257) $(1,353)

 

As of December 31, 2022 and 2021, the Company maintained a total valuation allowance of $14.5 million and $14.7 million, respectively, which relates to foreign, federal, and state deferred tax assets in both years. The valuation allowance is based on estimates of taxable income in each of the jurisdictions in which the Company operates and the period over which deferred tax assets will be recoverable. The net change in total valuation allowance for each of the years ended December 31, 2022 and December 31, 2021 was a decrease of $0.2 million and a decrease of $2.0 million, respectively. The decrease in the valuation allowance in 2022 is primarily due to the utilization and expiration of certain U.S. net operating losses and the expiration of certain U.S. credits. The movement in the valuation allowance in 2021 is primarily due to a change in estimate of the realizability of UK deferred tax assets and the utilization and expiration of certain U.S. net operating losses and the expiration of certain U.S. credits. A valuation allowance decrease of $0.9 million was recorded to equity during the year ended December 31, 2021 related to the UK pension liability.

 

At December 31, 2022, the Company had U.S. federal net operating loss carryforwards of $13.4 million, of which $13.3 million expire between 2029 and 2038. The remaining $0.1 million of U.S. federal net operating loss carryforwards can be carried forward indefinitely. The Company’s state net operating loss carryforwards of $9.6 million expire between 2023 and 2042. The Company has net operating loss carryforwards of $8.0 million in certain foreign jurisdictions which may be carried forward indefinitely, partially offset by valuation allowances. The Company has $8.1 million of research and development tax credit carryforwards and foreign tax credits of $0.1 million which begin to expire in 2023. Approximately $0.8 million of the research and development tax credit carryforwards are offset by a reserve for uncertain tax positions. The Company had a total of $2.7 million of state investment tax credit carryforwards, research and development tax credit carryforwards, and enterprise zone credit carryforwards, which begin to expire in 2023. In addition, the Company had a total of $0.2 million international R&D credits which begin to expire in 2036. The Internal Revenue Code (“IRC”) limits the amounts of net operating loss carryforwards or credits that a company may use in any one year in the event of a change in ownership under IRC Sections 382 or 383. As a result of the DSI acquisition as well as other acquisitions in prior years, certain losses and credit carryforwards are subject to these limitations. The Company has provided a full or partial valuation allowance for the portion of state NOLs and federal and state credit carryforwards the Company expects will expire before use.

 

As of December 31, 2022 and December 31, 2021, cash and cash equivalents held by the Company’s foreign subsidiaries was $2.6 million and $2.8 million, respectively. As of December 31, 2022, the Company has determined the potential income tax and withholding liability related to available cash balances at foreign subsidiaries to be immaterial.

 

At December 31, 2022 and 2021 the amount of unrecognized tax benefits that would affect the Company’s effective tax rate are shown in the table below:

 

  

(in thousands)

 

Balance at December 31, 2020

 $1,673 

Decreases based on tax positions of prior years

  (208)

Additions based on tax positions of current years

  176 

Decreases based on expiration of statutes of limitation

  (42)

Settlements and other

  (267)

Balance at December 31, 2021

  1,332 

Additions based on tax positions of prior years

  534 

Decreases based on tax positions of prior years

  (34)

Additions based on tax positions of current years

  237 

Decreases based on expiration of statutes of limitation

  (86)

Balance at December 31, 2022

 $1,983 

 

The Company does not anticipate that any portion of the total unrecognized tax benefits will be reduced within the next 12 months. The total amount of unrecognized tax benefits that, if recognized, would impact the effective tax rate is $2.0 million. The Company classifies interest and penalties related to unrecognized tax benefits as a component of income tax expense, which has not been significant during the years ended December 31, 2022 and 2021, respectively.

 

The Company or one of its subsidiaries files income tax returns in the U.S. federal jurisdiction, and various states and foreign jurisdictions. With few exceptions, the Company is no longer subject to income tax examinations by tax authorities in foreign jurisdictions for years before 2018. In the U.S., the Company's net operating loss and tax credit carryforward amounts remain subject to federal and state examination for tax years starting in 2003 as a result of tax losses incurred in prior years. There are currently no pending federal or state tax examinations.

 

On August 16, 2022, the Inflation Reduction Act of 2022 (“IRA”) was signed into law. Among other changes, the IRA imposes a 15% corporate alternative minimum tax on certain corporations and a 1% excise tax on public company stock buybacks for tax years beginning after December 31, 2022. The Company does not expect the provisions of this new law to have a material impact on its consolidated financial statements and related disclosures.