Annual report pursuant to Section 13 and 15(d)

Note 8 - Income Taxes

v3.20.1
Note 8 - Income Taxes
12 Months Ended
Dec. 31, 2019
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
8
.
Income Taxes
 
The following table summarizes income (loss) before income taxes for the years ended
December 31 (
in thousands):
 
   
2019
   
2018
 
                 
U.S income (loss)
  $
1,413
    $
(1,138
)
Non-U.S. income
   
111
     
96
 
Income (loss) before income taxes
  $
1,524
    $
(1,042
)
 
The following table summarizes the Company’s components of the consolidated provision for income taxes for the years ended
December 
31
(in thousands):
 
   
2019
   
2018
 
                 
U.S Federal income tax (expense) benefit
               
Current
  $
-
    $
-
 
Deferred
   
(104
)    
62
 
Total U.S. Federal income tax (expense) benefit
   
(104
)    
62
 
State and local income tax expense
               
Current
   
(29
)    
(84
)
Deferred
   
-
     
-
 
Total state and local income tax expense
   
(29
)    
(84
)
Foreign income tax expense
               
Current
   
(30
)    
(31
)
Total income tax expense
  $
(163
)   $
(53
)
 
The following table summarizes activity related to the Company’s valuation allowance for the years ended
December 31 (
in thousands):
 
   
2019
   
2018
 
Valuation allowance at the Beginning of Period
  $
(11,370
)   $
(11,435
)
Income tax expense
   
-
     
-
 
Release of valuation allowance
   
120
     
65
 
Valuation allowance at the End of Period
  $
(11,250
)   $
(11,370
)
 
The following table summarizes a reconciliation of the effective income tax rate to the U.S. federal statutory rate for the years ended
December 31:
 
   
2019
   
2018
 
                 
Income tax expense at the statutory rate
   
21.0
%    
21.0
%
State and local income tax expense
   
2.0
%    
(14.0
%)
Foreign income tax
   
2.0
%    
(2.2
%)
Permanent differences
   
(5.8
%)    
(9.4
%)
Decrease in valuation allowance
   
(7.9
%)    
(0.3
%)
Other adjustments
   
(0.6
%)    
(0.1
%)
Effective income tax rate
   
10.7
%    
(5.0
%)
 
The following table summarizes the temporary differences and carryforwards that give rise to deferred tax assets and liabilities as of
December 31 (
in thousands):
 
   
2019
   
2018
 
                 
Deferred Federal tax assets –
               
Bad debt reserves
  $
1,459
    $
1,178
 
Stock-based compensation
   
443
     
393
 
Net operating loss
   
7,991
     
8,025
 
Operating lease liabilities
   
1,271
     
-
 
Accrued compensation
   
451
     
218
 
Inventories
   
27
     
27
 
Accrued rent
   
-
     
31
 
Goodwill and intangible assets
   
1,688
     
2,507
 
Research & development credits
   
533
     
533
 
Other credits
   
25
     
25
 
Other
   
194
     
114
 
Total deferred Federal tax assets
   
14,082
     
13,051
 
Less: valuation allowance
   
(9,553
)    
(9,724
)
Net deferred tax assets
   
4,529
     
3,327
 
Deferred Federal tax liabilities –
               
Depreciation and asset basis differences
   
(3,366
)    
(3,335
)
Right-of-use assets
   
(1,204
)    
-
 
Other
   
-
     
8
 
Total deferred Federal tax liabilities
   
(4,570
)    
(3,327
)
Net deferred Federal tax liabilities
   
(41
)    
-
 
Total deferred state and local tax assets (a)
   
1,634
     
1,646
 
Less: valuation allowance
   
(1,697
)    
(1,646
)
Net deferred state and local tax assets
   
(63
)    
-
 
Net deferred tax liabilities
  $
(104
)   $
-
 
 
(a) at
December 31, 2019,
this includes state and local net operating losses of
$1.4
million
 
The Company’s U.S. federal and state operating loss carryforwards for tax purposes were
$38.1
million at
December 31, 2019,
resulting in a deferred tax asset of
$9.4
million. Approximately
$34.7
million of the Company’s U.S. federal net operating loss carryforwards will begin to expire in various years beginning in
2029.
$3.4
million of the U.S. federal net operating loss carryforwards have an indefinite life. The Company’s deferred tax asset related to state net operating losses of approximately
$1.4
million can be used for a period of
5
to
20
years and vary by state, and if unused, begin to expire in
2020,
though a substantial portion expires beyond
2020.
Approximately
$0.3
million of the state net operating loss carryforwards have an indefinite life. Tax benefits of operating loss and tax credit carryforwards are evaluated on an ongoing basis, including a review of historical and projected future operating results, the eligible carryforward period, and other circumstances.
 
The Company continues to monitor shifts in past ownership (as defined under Section
382
of the Code). A definitive analysis necessary to quantify the effect of an ownership change was performed on the net operating loss carryforwards generated prior to
December 31, 2010.
Based on the analysis, the Company is subject to an annual limitation of
$1.8
million on its use of remaining pre-ownership change net operating loss carryforwards of
$4.7
million (and certain other pre-change tax attributes).
 
At
December 31, 2019,
the Company continues to carry a full valuation allowance for tax benefits of operating loss and tax credit carryforwards. The Company’s realization of its deferred tax assets is dependent upon many factors, including, but
not
limited to, the Company’s ability to generate sufficient taxable income. Management assesses the available positive and negative evidence to estimate if sufficient future taxable income will be generated to use the existing deferred tax assets. Cumulative losses in recent years and
no
assurance of future taxable income is the basis for the Company’s assessment that the deferred tax assets continue to require a full valuation allowance.
 
The Company had
no
uncertain tax positions for the years ended
December 
31,
2019
and
2018.
 
The Company is subject to taxation for Federal and various state jurisdictions in the United States and Canada. The Federal income tax returns of the Company for the years
2016
through
2019
are open to examination by the Internal Revenue Service. Under examination, the Internal Revenue Service
may
redetermine the correct taxable income for a closed year (pre-
2016
) to determine either the amount of the federal net operating loss carryforward deduction reported in the open years or the amount of a federal net operating loss deduction that is absorbed in a closed year and supports the determination of the available federal net operating loss deduction for the open years under examination. The state income tax returns and other state tax filings of the Company are subject to examination by the state taxing authorities, for various periods generally up to
four
years after they are filed. Canadian income tax returns of the Company for the years
2015
through
2019
are subject to examination by the Canada Revenue Agency.