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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

NOTE 20 – INCOME TAXES:

(Loss) income from continuing operations before income taxes and gain on sale of joint venture is summarized below. (Loss) income from continuing operations for certain foreign entities is classified differently for book reporting and income tax reporting purposes.

 

 

 

2019

 

 

2018

 

Domestic

 

$

(14,335

)

 

$

(48,169

)

Foreign

 

 

5,968

 

 

 

4,362

 

Loss from continuing operations before income taxes and gain on sale of joint venture

 

$

(8,367

)

 

$

(43,807

)

At December 31, 2019, the Corporation has U.S. federal net operating loss carryforwards of $42,517, of which $35,783 can be carried forward indefinitely but will be limited to 80 percent of taxable income in any given year. The balance of $6,734 will begin to expire in 2035. Additionally, at December 31, 2019, the Corporation had state net operating loss carryforwards of $54,560, which begin to expire in 2020, and foreign net operating loss carryforwards from continuing operations of $50,792 and capital loss carryforwards of $768 which do not expire.

The income tax provision for continuing operations consisted of the following:

 

 

 

2019

 

 

2018

 

Current:

 

 

 

 

 

 

 

 

Federal

 

$

(118

)

 

$

1,166

 

State

 

 

56

 

 

 

73

 

Foreign

 

 

1,611

 

 

 

839

 

Current income tax provision

 

 

1,549

 

 

 

2,078

 

Deferred:

 

 

 

 

 

 

 

 

Federal

 

 

2,244

 

 

 

(10,881

)

State

 

 

(217

)

 

 

(2,189

)

Foreign

 

 

(422

)

 

 

3,350

 

(Decrease) increase in valuation allowance

 

 

(1,046

)

 

 

7,910

 

Deferred income tax provision (benefit)

 

 

559

 

 

 

(1,810

)

Total income tax provision

 

$

2,108

 

 

$

268

 

 

The Tax Cuts and Jobs Act (the “Tax Reform”) became effective as of January 1, 2018. As was permitted, the Corporation recorded provisional amounts for certain effects of the Tax Reform in its 2017 income tax provision and, subsequently, adjusted the provisional amounts in its 2018 income tax provision. As a result, the income tax provision for 2018 includes a benefit for the carryback of additional 2017 tax losses of $986 and a refund of AMT credits of $433 partially offset by recognition of a one-time tax on the deemed repatriation of previously untaxed foreign earnings of approximately $2,369. The Tax Reform also enacted the Global Intangible Low-taxed Income (“GILTI”) whereby corporations are required to effectively pay a minimum tax on the earnings of their controlled foreign corporations, regardless of repatriation. No amount is expected to be paid currently by the Corporation, however, due to U.S. federal net operating loss from current year activity in excess of the current year GILTI inclusion. There was no GILTI inclusion for 2018 due to the foreign subsidiaries having a net loss.  

During 2018, the Corporation also released the valuation allowance previously established against the net deferred income tax assets of one of its foreign subsidiaries of $1,242 on the basis that it was “more likely than not” the net deferred income tax assets would be realized.

The difference between statutory U.S. federal income tax and the Corporation’s effective income tax was as follows:

 

 

 

2019

 

 

2018

 

Computed at statutory rate

 

$

(1,757

)

 

$

(8,943

)

Tax differential on non-U.S. earnings

 

 

44

 

 

 

56

 

State income taxes

 

 

(172

)

 

 

(2,131

)

Meals and entertainment

 

 

83

 

 

 

76

 

Alternative minimum tax credits

 

 

(13

)

 

 

(433

)

GILTI inclusion

 

 

4,859

 

 

 

0

 

(Decrease) increase in valuation allowance

 

 

(1,046

)

 

 

7,910

 

Repatriation transition tax impact

 

 

0

 

 

 

1,383

 

Adjustments to net operating losses

 

 

4

 

 

 

1,879

 

Other – net

 

 

106

 

 

 

471

 

Total income tax provision

 

$

2,108

 

 

$

268

 

 

Deferred income tax assets and liabilities as of December 31, 2019, and 2018, are summarized below. Unremitted earnings of the Corporation’s non-U.S. subsidiaries and affiliates are deemed to be permanently reinvested and, accordingly, no deferred income tax liability has been recorded. If the Corporation were to remit any foreign earnings to the U.S., the estimated tax impact would be insignificant.

 

 

 

2019

 

 

2018

 

Assets:

 

 

 

 

 

 

 

 

Employment – related liabilities

 

$

8,643

 

 

$

10,667

 

Pension liability – foreign

 

 

958

 

 

 

996

 

Pension liability – domestic

 

 

11,605

 

 

 

8,527

 

Capital loss carryforwards

 

 

316

 

 

 

305

 

Asbestos-related liability

 

 

17,963

 

 

 

18,894

 

Net operating loss – domestic

 

 

8,929

 

 

 

3,936

 

Net operating loss – state

 

 

4,014

 

 

 

3,057

 

Net operating loss – foreign

 

 

10,256

 

 

 

9,514

 

Inventory related

 

 

2,100

 

 

 

3,905

 

Impairment charge associated with investment in MG

 

 

1,043

 

 

 

1,050

 

Operating lease right-of-use assets

 

 

1,388

 

 

 

0

 

Other

 

 

3,476

 

 

 

3,352

 

Gross deferred income tax assets

 

 

70,691

 

 

 

64,203

 

Valuation allowance

 

 

(43,671

)

 

 

(33,881

)

 

 

 

27,020

 

 

 

30,322

 

Liabilities:

 

 

 

 

 

 

 

 

Depreciation

 

 

(21,741

)

 

 

(25,420

)

Intangible assets – finite life

 

 

(830

)

 

 

(1,181

)

Intangible assets – indefinite life

 

 

(492

)

 

 

(550

)

Operating lease liabilities

 

 

(1,388

)

 

 

0

 

Other

 

 

(115

)

 

 

(147

)

Gross deferred income tax liabilities

 

 

(24,566

)

 

 

(27,298

)

Net deferred income tax assets

 

$

2,454

 

 

$

3,024

 

 

Unrecognized tax benefits and changes in unrecognized tax benefits for the years ended December 31, 2019, and 2018, are insignificant. If the unrecognized tax benefits were recognized, the effect on the Corporation’s effective income tax rate would also be insignificant. The amount of penalties and interest recognized in the consolidated balance sheets as of December 31, 2019, and 2018, and in the consolidated statements of operations for 2019 and 2018 is insignificant.

The Corporation is subject to taxation in the United States, various states and foreign jurisdictions, and remains subject to examination by tax authorities for tax years 2016 – 2019. During 2019, the audit of the Corporation’s federal income tax returns for the 2014 – 2017 tax years was concluded without change. Additionally, the audit of UES’ Pennsylvania state income tax returns for the 2015 and 2016 tax years was concluded without change.