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INCOME TAXES
12 Months Ended
Dec. 29, 2018
INCOME TAXES  
INCOME TAXES

12. INCOME TAXES

 

Income taxes are accounted for under the asset and liability method that requires deferred income taxes to reflect the future tax consequences attributable to differences between the tax and financial reporting bases of assets and liabilities. Deferred tax assets and liabilities recognized are based on the tax rates in effect in the year in which differences are expected to reverse. Deferred tax assets are reduced by a valuation allowance when, based on available positive and negative evidence, it is “more likely than not” (greater than a 50% likelihood) that some or all of the net deferred tax assets will not be realized.

 

On December 22, 2017, the Tax Cuts and Jobs Act (the “Tax Act”) was enacted in the United States. The Tax Act significantly revised the U.S. tax code by, among other items, reducing the Company’s federal tax rate from 34% to 21%, providing for the full expensing of certain depreciable property and eliminating the corporate alternative minimum tax (AMT). In accordance with GAAP, the Company recorded a $27,000 income tax benefit for the period ending December 30, 2017, primarily related to the re-measurement of the Company’s deferred tax items.

 

The (benefit) provision for income taxes is summarized as follows (amounts in thousands):

 

 

 

 

 

 

 

 

 

 

    

2018

    

2017

 

Federal: Current

 

$

(387)

 

$

988

 

Deferred

 

 

(1,454)

 

 

27

 

State:     Current

 

 

 1

 

 

32

 

Deferred

 

 

(345)

 

 

(26)

 

 

 

$

(2,185)

 

$

1,021

 

 

The percentage effect of an item on the statutory tax rate in a given year will fluctuate based upon the magnitude of the pre-tax profit or loss in that year. At December 30, 2017 the Company’s deferred tax items were revalued for the estimated impact of the Tax Act legislation. The effect of this revaluation was to reduce the Company’s effective tax rate 1.0%. The difference between the tax rate on income for financial statement purposes and the federal statutory tax rate was as follows:

 

 

 

 

 

 

 

    

2018

    

2017

 

Statutory tax rate

 

(21.0)

%

34.0

%  

Percentage depletion

 

(0.9)

 

(4.7)

 

Non-deductible expenses

 

0.4

 

1.7

 

Valuation allowance for tax assets

 

1.2

 

2.5

 

State income taxes, net of federal benefit

 

(4.5)

 

2.0

 

Domestic production deduction

 

 —

 

(0.3)

 

Revaluation of deferred items for new Tax Act

 

 —

 

(1.0)

 

Other

 

(2.4)

 

1.8

 

 

 

(27.2)

%

36.0

%  

 

For financial statement purposes, deferred tax assets and liabilities are recorded at a blend of the current statutory federal and states’ tax rates – 25.74%.  The principal temporary differences and their related deferred taxes are as follows (amounts in thousands):

 

 

 

 

 

 

 

 

 

 

    

2018

    

2017

 

Deferred tax assets

 

 

 

 

 

 

 

  Reserves for self-insured losses

 

$

466

 

$

328

 

  Accrued reclamation

 

 

1,445

 

 

1,386

 

  Unfunded supplemental profit sharing plan liability

 

 

263

 

 

275

 

  Asset valuation reserves

 

 

685

 

 

293

 

  Future state tax credits

 

 

833

 

 

863

 

  Net state operating loss carryforwards

 

 

226

 

 

126

 

  Federal AMT carryforward

 

 

387

 

 

620

 

  Federal NOL carryforward

 

 

468

 

 

 —

 

  Other

 

 

700

 

 

701

 

 

 

 

5,473

 

 

4,592

 

Deferred tax liabilities

 

 

 

 

 

 

 

  Depreciation

 

 

1,200

 

 

859

 

  Deferred development

 

 

116

 

 

1,298

 

  Prepaid royalties

 

 

 —

 

 

161

 

  Other

 

 

443

 

 

458

 

 

 

 

1,759

 

 

2,776

 

Net deferred tax asset before valuation allowance

 

 

3,714

 

 

1,816

 

Valuation allowance

 

 

 

 

 

 

 

  Beginning balance

 

 

(200)

 

 

(130)

 

  (Increase) decrease during the period

 

 

(100)

 

 

(70)

 

  Ending Balance

 

 

(300)

 

 

(200)

 

Net deferred tax asset

 

$

3,414

 

$

1,616

 

 

The deduction of charitable contributions made during 2018 and 2017 was limited by the level of taxable income; however, no valuation reserve was established for the amount carried forward as the Company expects to be able to utilize these deductions in future years. The Tax Act repeals AMT and allows any existing AMT credit carryforwards to be used to offset regular tax obligations for a three year period beginning in 2018. Any AMT credit carryforwards that are not utilized to offset regular tax obligations will be 100 percent refundable by 2021. For State purposes, net operating losses can be carried forward for various periods for the states that the Company is required to file in. Of the $833,000 of state tax credits recorded by the Company at December 29, 2018, $792,000 relates to California Enterprise Zone hiring credits earned in prior years. California has repealed the credit and limited its use to tax years through 2023. At December 29, 2018 and December 30, 2017 the Company carried valuation reserves of $430,000 ($300,000 tax effected) and $303,000  ($200,000), respectively, related to the carry forward of the California Enterprise Zone hiring credits due to the uncertainty that the Company will be able to utilize the credits prior to their expiration in 2023.

 

The realization of the deferred tax assets is subject to our ability to generate sufficient taxable income during the periods in which the temporary differences become realizable. In evaluating whether a valuation allowance is required, we consider all available positive and negative evidence, including prior operating results, the nature and reason of any losses, our forecast of future taxable income and the dates, if any, on which any deferred tax assets are expected to expire. These assumptions require a significant amount of judgment, including estimates of future taxable income. The estimates are based on our best judgment at the time made based on current and projected circumstances and conditions.

 

As a result of the evaluation of the realizability of our deferred tax assets as of December 29, 2018, we concluded that it was more likely than not that all of our deferred tax assets would be realized to the extent not reserved for by a valuation allowance.

 

The Company accounts for uncertainty in income taxes recognized in its financial statements by applying GAAP’s recognition threshold and measurement attributes for the financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. The financial statement effects of a tax position are initially recognized when it is more likely than not, based on the technical merits, that the position will be sustained upon examination. A tax position that meets the more-likely-than-not recognition threshold should initially and subsequently be measured as the largest amount of tax benefit that has a greater than 50% likelihood of being realized upon effective settlement with a taxing authority. There were no unrecognized tax benefits at either December 29, 2018 or December 30, 2017.

 

We file income tax returns in the United States Federal and various state jurisdictions. Federal and state income tax returns are subject to examination based upon the statute of limitations in effect for the various jurisdictions.