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Income Taxes
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
Income Taxes

9. Income Taxes

Loss before income taxes for domestic and non-U.S. operations is as follows (in thousands):

 

 

 

2018

 

 

2017

 

Loss from operations before income taxes and noncontrolling interest:

 

 

 

 

 

 

 

 

U.S.

 

$

(6,330

)

 

$

(5,617

)

Foreign

 

 

1,782

 

 

 

(2,749

)

Loss from operations before income taxes and noncontrolling interest

 

$

(4,548

)

 

$

(8,366

)

 

The (provision) benefit for income taxes consisted of the following (in thousands):

 

 

 

December 31,

 

 

 

2018

 

 

2017

 

Deferred:

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

 

State

 

 

 

 

 

 

Foreign

 

 

 

 

 

 

 

 

$

 

 

$

 

Current

 

 

 

 

 

 

 

 

Federal

 

$

23

 

 

$

 

State

 

 

(26

)

 

 

(33

)

Foreign

 

 

(152

)

 

 

247

 

Total current

 

 

(155

)

 

 

214

 

Total (provision) benefit for income taxes

 

$

(155

)

 

$

214

 

 

Significant items making up deferred tax assets and liabilities are as follows (in thousands):

 

 

 

December 31,

 

 

 

2018

 

 

2017

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Allowances not currently deductible for tax purposes

 

$

902

 

 

$

1,177

 

Net operating loss carryforwards

 

 

59,606

 

 

 

56,989

 

Interest carryforwards

 

 

828

 

 

 

 

Stock options

 

 

1,176

 

 

 

873

 

Accrued and other

 

 

1,568

 

 

 

1,104

 

 

 

 

64,080

 

 

 

60,143

 

Less valuation allowance

 

 

(60,824

)

 

 

(58,248

)

 

 

 

3,256

 

 

 

1,895

 

Deferred tax liability:

 

 

 

 

 

 

 

 

Depreciation and amortization

 

 

(1,945

)

 

 

(1,085

)

State income taxes

 

 

(1,311

)

 

 

(810

)

 

 

 

(3,256

)

 

 

(1,895

)

Net deferred tax liability

 

$

 

 

$

 

 

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. A significant piece of objective negative evidence evaluated was the cumulative loss incurred over the three-year period ended December 31, 2018. Such objective evidence limits the ability to consider other subjective evidence such as the Company’s projections for future growth.

A valuation allowance of $60.8 million and $58.3 million at December 31, 2018 and December 31, 2017, respectively, has been recorded to offset the related net deferred tax assets as the Company is unable to conclude that it is more likely than not that such deferred tax assets will be realized. The net deferred tax liabilities are primarily from foreign tax liabilities as well as intangibles acquired as a result of the acquisition of Hirsch and 3VR, which are not deductible for tax purposes.

On December 22, 2017, the President of the United States signed into law the Tax Cuts and Jobs Act (the “Act”). The Act amends the Internal Revenue Code to reduce tax rates and modify policies, credits, and deductions for individuals and businesses. For businesses, the Act reduces the corporate federal tax rate from a maximum of 35% to a flat 21% rate. The rate reduction took effect on January 1, 2018.

At December 31, 2017, the Company had a net deferred tax asset before valuation allowance totaling $58.3 million. Under generally accepted accounting principles, the Company uses the asset and liability method of accounting for income taxes. Under this method, deferred tax assets and liabilities are recognized for the future tax consequences attributable to differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax basis. Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled. The Company’s net deferred tax asset before valuation allowance of $58.3 million was determined at December 31, 2017 based on the current enacted federal tax rate of 21%, or the rate of the statutory rate applicable to the respective foreign jurisdiction. As a result of the reduction in the corporate income tax rate from 35% to 21% under the Act, the Company has calculated a decrease in net deferred assets of $15.8 million and a corresponding decrease of $15.8 million in the valuation allowance which resulted in a net zero effect to the Company’s consolidated financial statements at December 31, 2017.

The Act also amended Internal Revenue Code Section 172 which governs the utilization of net operating losses (“NOLs”). Prior rules generally allowed NOLs to be carried back two years and forward 20 years, after which time the NOLs expired. The amendment by the Act disallows any carryback of NOLs arising in a taxable year ending after December 31, 2017, but allows an indefinite carryforward of such losses, but such losses may only offset a maximum of 80 percent of a taxpayer’s pre-NOL taxable income.

Further, the Act provides for a one-time "deemed repatriation" of accumulated foreign earnings for the year ended December 31, 2017. We finalized our calculations of the transition tax liability during 2018 and no repatriation tax was provided with respect to undistributed earnings of foreign subsidiaries due to a net foreign earnings and profits deficit position.

Section 951A is a new provision under the Act which requires a US shareholder of a controlled foreign corporation to include in taxable income the shareholder’s share of global intangible low-taxed income (“GILTI”) for the year. The Company has determined that the new Section 951A provisions do apply to its operations and relationships with its controlled foreign corporations “(CFCs”). The Company’s GILTI calculation resulted in no GILTI income in 2018 due to net tested losses at its CFCs. As of December 31, 2018, the Company had net operating loss carryforwards of $117.4 million for federal, $63.8 million for state and $120.7 million for foreign income tax purposes.  Certain of the Company’s federal, state and foreign loss carryforwards have started expiring and will continue to expire through 2038 if not utilized.

The Tax Reform Act of 1986 (the”Tax Reform Act”) limits the use of net operating loss and tax credit carryforwards in certain situations where changes occur in stock ownership. The Company completed its acquisition of Bluehill ID AG on January 4, 2010, which resulted in a stock ownership change as defined by the Tax Reform Act. The Company also completed its acquisition of 3VR on February 14, 2018, which resulted in a stock ownership change as defined by the Tax Reform Act. These transactions resulted in limitations on the annual utilization of federal and state net operating loss carryforwards and credits. As a result, the Company reevaluated its available deferred tax assets, and the loss carryforward and credit amounts, excluding the valuation allowance presented above have been adjusted for the limitation resulting from the change in ownership in accordance with the provisions of the Tax Reform Act.

The provision for income taxes reconciled to the amount computed by applying the statutory federal tax rate to the loss before income taxes from operations is as follows (in thousands):

 

 

 

December 31,

 

 

 

2018

 

 

2017

 

Income tax (benefit) provision at statutory federal tax rate of 21% and 34% for 2018 and

   2017, respectively

 

$

955

 

 

$

2,845

 

State taxes, net of federal benefit

 

 

(21

)

 

 

(22

)

Foreign taxes provisions provided for at rates other than U.S statutory rate

 

 

222

 

 

 

(687

)

Federal rate adjustment

 

 

 

 

 

(15,780

)

Change in valuation allowance

 

 

(1,141

)

 

 

13,931

 

Permanent differences

 

 

108

 

 

 

200

 

Acquisition costs

 

 

(115

)

 

 

 

Other

 

 

(163

)

 

 

(273

)

Total (provision) benefit for income taxes

 

$

(155

)

 

$

214

 

 

 

The Company applies the provisions of, and accounted for uncertain tax positions in accordance with, ASC 740. ASC 740 clarifies the accounting for uncertainty in income taxes recognized in an entity’s financial statements. It 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. ASC 740 also provides guidance on de-recognition, classification, interest and penalties, accounting in interim periods, disclosure, and transition.

A reconciliation of the beginning and ending amount of unrecognized tax benefits with an impact on the Company’s consolidated balance sheets or results of operations is as follows (in thousands):

 

 

 

2018

 

 

2017

 

Balance at January 1

 

$

2,878

 

 

$

2,874

 

Additions based on tax positions related to the current year

 

 

2

 

 

 

2

 

Additions for tax positions of prior years

 

 

 

 

 

2

 

Reductions in prior year tax positions

 

 

(1

)

 

 

 

Balance at December 31

 

$

2,879

 

 

$

2,878

 

 

While timing of the resolution and/or finalization of tax audits is uncertain, the Company does not believe that its unrecognized tax benefits as presented in the above table would materially change in the next 12 months.

As of December 31, 2018 and 2017, the Company recognized liabilities for unrecognized tax benefits of $2.8 million and $2.8 million, respectively, which were accounted for as a decrease to deferred tax assets. Since there was a full valuation allowance against these deferred tax assets, there was no impact on the Company’s consolidated balance sheets or results of operations for the years 2018 and 2017. Also the subsequent recognition, if any, of these previously unrecognized tax benefits would not affect the effective tax rate. Such recognition would result in adjustments to other tax accounts, primarily deferred taxes. The amount of unrecognized tax benefits which, if recognized, would affect the tax rate is $0.1 million as of December 31, 2018 and 2017.

The Company recognizes interest accrued related to unrecognized tax benefits and penalties as income tax expense. During fiscal 2018, the Company recorded a reduction to accrued penalties of $1,000 and an increase in accrued interest of $1,000 related to the unrecognized tax benefits noted above. As of December 31, 2018, the Company has recognized a total liability for penalties of $13,000 and interest of $33,000. During fiscal 2017, the Company recorded an increase in accrued penalties of $1,000 and an increase in accrued interest of $4,000 related to the unrecognized tax benefits noted above. As of December 31, 2017, the Company has recognized a total liability for penalties of $14,000 and interest of $32,000.

The Company files U.S. federal, U.S. state and foreign tax returns. As a result of a federal tax examination for tax year ended December 31, 2015, which was completed in the year ended December 31, 2018, the Company adjusted NOLs within tax years 2015 and 2016. The adjustments had no net impact on its deferred tax assets or income tax provision. The Company generally is no longer subject to tax examinations for years prior to 2013. However, if loss carryforwards of tax years prior to 2013 are utilized in the U.S., these tax years may become subject to investigation by the tax authorities.