v3.8.0.1
Provision for Income Taxes
12 Months Ended
Mar. 31, 2018
Income Tax Disclosure [Abstract]  
Provision for Income Taxes

NOTE 11 - PROVISION FOR INCOME TAXES

 

The Company accounts for taxes in accordance with ASC 740, “Income Taxes”, which requires the recognition of tax benefits or expense on the temporary differences between the tax basis and book basis of its assets and liabilities. Deferred tax assets and liabilities are measured using the enacted tax rates expected to apply to taxable income in the years in which those differences are expected to be recovered or settled.

 

The Company’s income tax expense for the years ended March 31, 2018, 2017 and 2016 consists primarily of federal and state and local taxes. Effective with the acquisition of the additional 20.1% of GCP as described in Note 4, GCP will file as part of the U.S. federal consolidated income tax group beginning in the year-ended March 31, 2018.

 

The components of income before the provision (benefit) for income taxes are as follows:

 

   

Year Ended

March 31, 2018

   

Year Ended

March 31, 2017

   

Year Ended

March 31, 2016

 
Domestic Operations   $ 577,902     $ 945,985     $ (385,672 )
Foreign Operations     (169,527 )     (251,661 )     129,814  
Total   $ 408,375     $ 694,324     $ (255,858 )

 

The provision (benefit) for income taxes is comprised of the following:

 

   

Year Ended

March 31, 2018

   

Year Ended

March 31, 2017

   

Year Ended

March 31, 2016

 
Current provision (benefit)                        
Federal   $ 182,891     $ 1,617,000     $ 1,183,000  
State     30,761       (784,000 )     397,000  
Foreign     -       -       -  
Total current provision (benefit)   $ 213,652     $ 833,000     $ 1,580,000  
                         
Deferred provision (benefit)                        
Federal   $ (74,135 )   $ (540,000 )   $ (148,152 )
State     853       9,702       19,000  
Foreign     -       (115,000 )     -  
Total deferred provision (benefit)   $ (73,282 )   $ (645,298 )   $ (129,152 )
                         
Total provision (benefit)                        
Federal   $ 108,756     $ 1,077,000     $ 1,034,848  
State     31,614       (774,298 )     416,000  
Foreign     -       (115,000 )     -  
Total provision (benefit)   $ 140,370     $ 187,702     $ 1,450,848  

 

The effective income tax rate varies from the current blended statutory federal income tax rate of 30.79% for the year ended March 31, 2018 and the statutory rate of 34% for the years ended March 31, 2017 and 2016 as follows:

 

    Years ended March 31,  
    2018     2017      2016  
    %     %      %  
Computed expected tax benefit, at federal statutory rate     (30.79 )     (34.00 )     (34.00 )
Permanent items     (32.58 )     (29.70 )     176.00  
Share based compensation     (52.93 )     (48.46 )     0.00  
Impact of 2017 Tax Act     (2,714.39 )     0.00       0.00  
Change in valuation allowance     2,776.47       73.68       371.5  
Effect of foreign operations     51.90       (67.87 )     12.20  
Increase in unrecognized tax benefit     2.88       (1.65 )     0.00  
Intercompany profit     0.00       0.00       13.90  
Other     (1.98 )     (2.34 )     0.00  
State and local taxes, net of federal benefit     (32.94 )     83.31       27.5  
                         
Effective tax rate     (34.37 )%     (27.03 )%     567.10 %

 

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting and tax purposes. Significant components of the Company’s deferred tax assets and liabilities are as follows:

 

    March 31,  
    2018     2017  
Deferred income tax assets:                
Accounts receivable   $ 99,000     $ 112,000  
Inventory     988,000       1,204,000  
Share based compensation     669,000       665,000  
U.S. federal and state net operating losses     18,134,000       29,374,000  
Foreign net operating losses     1,776,000       1,511,000  
Other     73,000       245,000  
                 
Total gross assets     21,739,000       33,111,000  
Less: Valuation allowance     (21,341,000 )     (32,621,000 )
                 
Total deferred tax asset   $ 398,000     $ 490,000  
                 
Deferred income tax liability:                
Intangible assets   $ (790,000 )   $ (994,000 )
Fixed assets     (56,000 )     (6,000 )
Other     (37,484 )     (48,766 )
                 
Total deferred tax liability     (883,484 )     (1,048,766 )
                 
Net deferred tax liability   $ (485,484 )   $ (558,766 )

 

In assessing the realizability of deferred tax assets, management considers whether it is more-likely-than-not that some portion or all of the deferred tax assets will be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income in those periods in which temporary differences become deductible and/or net operating loss carryforwards can be utilized. The Company considers the level of historical taxable income, scheduled reversal of temporary differences, tax planning strategies and projected future taxable income in determining whether a valuation allowance is warranted. Based on historic operating losses and projected future income, the Company concluded that its net deferred tax assets are not realizable on a more-likely-than-not basis. As such, the Company maintained a full valuation allowance against its net deferred tax assets. The Company’s valuation allowance decreased by $11,280,000 during fiscal 2018 primarily related to the remeasurement of its U.S. deferred tax assets and liabilities at the reduced federal corporate tax rate of 21% enacted with the 2017 Tax Act.

 

In accordance with ASC 350-10, the Company does not amortize indefinite lived-intangible assets for financial reporting purposes. The deferred tax liability of $485,000 relates to the tax effects of differences between the financial reporting and tax basis of intangible assets.

 

As of March 31, 2018, the Company had U.S. federal net operating loss carryforwards of approximately $80,818,000 for U.S. tax purposes, which expire in fiscal 2023 through 2036, if not utilized. The annual utilization of the net operating loss carryforwards may be limited in future years due to the “change in ownership provisions” set forth in Section 382 of the Internal Revenue Code. The Company also has Irish net operating loss carryforwards of approximately $14,205,000, which have an indefinite life.

 

As of March 31, 2018, the Company has not provided for U.S. federal and foreign withholding taxes on any excess of financial reporting over the tax basis of investments in foreign subsidiaries, as such earnings are indefinitely reinvested overseas. Generally, such amounts become subject to U.S. taxation upon the remittance of dividends and under certain other circumstances. Due to the complexities of the tax laws and assumptions that would have to be made, it is not practicable to estimate the amounts of income tax provisions that may be required.

 

A reconciliation of the beginning and ending amount of unrecognized tax benefits, excluding interest and penalties, is as follows:

 

Balance at March 31, 2016   $ -  
Additions based on tax positions taken in the current and prior years     18,000  
Settlements     -  
Decreases based on tax positions taken in prior years     -  
Other     -  
Balance at March 31, 2017   $ 18,000  
Additions based on tax positions taken in the current and prior years     6,000  
Settlements     -  
Decreases based on tax positions taken in prior years     (18,000 )
Other     -  
Balance at March 31, 2018   $ 6,000  

 

Of the amounts reflected above at March 31, 2018, the entire amount would reduce the Company’s effective tax rate if recognized. The Company records accrued interest and penalties related to income tax matters in general and administrative expenses. For the year ended March 31, 2018 and 2017, interest and penalties on unrecognized tax benefits were $1,000 and $2,000, respectively. The Company does not believe that the amount of unrecognized tax benefits will significantly increase or decrease within the next 12 months.

 

Tax years 2014 through 2018 remain open to examination by federal and state tax jurisdictions. The Company has various foreign subsidiaries for which tax years 2012 through 2018 remain open to examination in certain foreign tax jurisdictions.