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

13.  Income Taxes

The effective tax rate from continuing operations was 218.7% in 2018, 31.0% in 2017 and 39.5% in 2016. A reconciliation of the Federal statutory income tax rate to the Company’s effective tax rate is as follows:

 

  

 

Percent of Income before

Income Taxes

 

 

 

2018

 

 

2017

 

 

2016

 

Statutory Federal income tax rate

 

 

21.0

%

 

 

35.0

%

 

 

35.0

%

State income taxes - net of Federal tax benefit

 

 

42.5

 

 

 

8.3

 

 

 

3.0

 

Foreign tax rate differential

 

 

3.9

 

 

 

(1.6

)

 

 

(0.9

)

Domestic production deduction

 

 

 

 

 

(5.2

)

 

 

(3.2

)

Non-deductible expenses

 

 

93.8

 

 

 

0.4

 

 

 

2.9

 

Impact of tax law changes

 

 

22.1

 

 

 

(7.4

)

 

 

 

Changes in unrecognized tax benefits

 

 

42.9

 

 

 

0.9

 

 

 

(0.8

)

Foreign tax incentives

 

 

(3.1

)

 

 

 

 

 

(0.4

)

Valuation allowances

 

 

 

 

 

 

 

 

3.2

 

Other

 

 

(4.4

)

 

 

0.6

 

 

 

0.7

 

Effective tax rate for the year

 

 

218.7

%

 

 

31.0

%

 

 

39.5

%

 

Income from continuing operations before income taxes was attributable to the following sources:

 

 

 

2018

 

 

2017

 

 

2016

 

United States

 

$

419

 

 

$

12,979

 

 

$

17,010

 

Foreign

 

 

970

 

 

 

2,729

 

 

 

1,709

 

Totals

 

$

1,389

 

 

$

15,708

 

 

$

18,719

 

 

Income tax expense (benefit) from continuing operations consisted of the following:

 

 

 

2018

 

 

2017

 

 

2016

 

 

 

Current

 

 

Deferred

 

 

Current

 

 

Deferred

 

 

Current

 

 

Deferred

 

Federal

 

$

9,694

 

 

$

(7,910

)

 

$

6,304

 

 

$

(4,394

)

 

$

5,684

 

 

$

(413

)

Foreign

 

 

1,218

 

 

 

(718

)

 

 

1,821

 

 

 

(883

)

 

 

515

 

 

 

741

 

State and local

 

 

1,575

 

 

 

(822

)

 

 

2,402

 

 

 

(386

)

 

 

641

 

 

 

227

 

 

 

$

12,487

 

 

$

(9,450

)

 

$

10,527

 

 

$

(5,663

)

 

$

6,840

 

 

$

555

 

 

 


On December 22, 2017, the United States enacted the Tax Cuts and Jobs Act (the “Tax Act”). Effective January 1, 2018, the Tax Act established a corporate income tax rate of 21%, replacing the former 35% rate, and created a territorial tax system rather than a worldwide system, which generally eliminated the U.S. federal income tax on dividends from foreign subsidiaries. The transition to the territorial system included a one-time deemed repatriation transition tax (“Transition Tax”) on certain foreign earnings previously untaxed in the United States. In response to the complexities and timing of issuance of the Tax Act, the SEC issued Staff Accounting Bulletin No. 118, Income Tax Accounting Implications of the Tax Cuts and Jobs Act (“SAB 118”) which provided up to a one-year measurement period for companies to finalize the accounting for the impacts of this new legislation. As required, the Company finalized its accounting during 2018 for items previously considered provisional. At December 31, 2017, the Company recorded an initial provisional net benefit to income tax expense of $1.2 million related to the enactment of the Tax Act. This net benefit included a provisional deferred tax benefit of $3.0 million related to revaluing the net U.S. deferred tax liabilities to reflect the lower U.S. corporate tax rate. The deferred tax benefit was offset by a provision of $1.8 million related to the Transition Tax. In general, the Transition Tax imposed by the Tax Act results in the taxation of foreign earnings and profits (“E&P”) at a 15.5% rate on liquid assets and 8% on the remaining unremitted foreign E&P, both net of foreign tax credits. The provisional amounts for the Transition Tax recorded by the Company in 2017 included the undistributed E&P for all the Company’s foreign subsidiaries. Based on the finalized accounting and preparation of the Company’s 2017 U.S. Federal Tax Return, the Company recorded a reduction of income tax expense of $0.3 million for the year ended December 31, 2018 to reflect adjustments to the previously recognized provisional amounts under the Tax Act. In addition, the Company recorded income tax expense of $0.6 million associated with an uncertain tax position related to the calculation of the Transition Tax included in the 2017 return.

During 2018, the Company recorded a provision and related deferred tax liability of $0.6 million related to the earnings of the Company’s subsidiary in Guatemala, which were deemed by management to no longer be permanently reinvested. As noted above, the E&P for all foreign subsidiaries has been previously included in the calculation of the Transition Tax, and thus, should there be a repatriation of earnings from any other foreign subsidiaries in future periods, the Company expects to be subject to only foreign withholding tax. Management does not currently anticipate a repatriation of earnings from any foreign subsidiaries, except as provided above, as these earnings are deemed to be permanently reinvested.

 

Significant components of the Company’s deferred taxes as of December 31, 2018 and 2017 are as follows:

 

 

 

2018

 

 

2017

 

Deferred income tax assets

 

 

 

 

 

 

 

 

Compensation

 

 

2,774

 

 

 

3,030

 

Inventory valuation

 

 

695

 

 

 

502

 

Allowance for uncollectible accounts

 

 

237

 

 

 

268

 

Provision for loss on note receivable

 

 

5,031

 

 

 

 

Non-deductible accruals

 

 

4,196

 

 

 

2,195

 

Non-deductible intangibles

 

 

1,574

 

 

 

1,193

 

State deferred taxes

 

 

843

 

 

 

 

Capital loss carryforwards

 

 

1,982

 

 

 

1,982

 

Net operating loss carryforwards

 

 

 

 

 

405

 

 

 

 

17,332

 

 

 

9,575

 

Valuation allowance

 

 

(1,982

)

 

 

(1,982

)

 

 

 

15,350

 

 

 

7,593

 

Deferred income tax liabilities

 

 

 

 

 

 

 

 

Property, plant and equipment

 

$

4,247

 

 

$

6,255

 

Tax-deductible goodwill

 

 

5,089

 

 

 

5,202

 

State deferred taxes

 

 

 

 

 

132

 

Other

 

 

744

 

 

 

149

 

 

 

 

10,080

 

 

 

11,738

 

Net deferred income tax asset (liability)

 

$

5,270

 

 

$

(4,145

)

 


ASC 740, Income Taxes, requires that deferred tax assets be reduced by a valuation allowance, if based on all available evidence, it is more likely than not that the deferred tax asset will not be realized. Available evidence includes the reversal of existing taxable temporary differences, future taxable income exclusive of temporary differences, taxable income in carryback years and tax planning strategies. Based on the current available evidence, the Company considers the net deferred tax asset at December 31, 2018 to be fully realizable except for the deferred tax asset related to the capital loss carryforward described below.

As further discussed in Note 5, the Company sold its investments in certain Brazilian subsidiaries on December 18, 2017. In connection with this divestiture, the Company incurred a capital loss of $9.5 million on its investment in the Myers do Brazil business and recorded a deferred tax asset of $2.0 million as the result of this capital loss carryforward. A valuation allowance of $2.0 million has been recorded against this deferred tax asset as the recovery of the asset is not more likely than not as of December 31, 2018. In addition, in accordance with ASC 740, for the year ended December 31, 2016 the Company allocated $0.6 million of a valuation allowance related to the Brazil Business to income from continuing operations in the Consolidated Statement of Operations, as this valuation allowance related to the change in estimated realizability of the beginning of the year net deferred tax asset in the Brazil Business.

The Company recorded a tax benefit of approximately $15 million generated as a result of a worthless stock deduction for the Novel do Nordeste business included in the divestiture. Although management believes that the worthless stock deduction is valid, there can be no assurance that the IRS will not challenge it and, if challenged, that the Company will prevail. This tax benefit is included in the net loss from discontinued operations in the Consolidated Statements of Operations for the year ended December 31, 2017. As a result of the Company’s U.S. Federal income tax filings in 2018, the Company reduced this estimated tax benefit by $0.7 million and recognized this adjustment within net loss from discontinued operations.

The following table summarizes the activity related to the Company’s unrecognized tax benefits:

 

 

 

2018

 

 

2017

 

 

2016

 

Balance at January 1

 

$

359

 

 

$

478

 

 

$

151

 

Increases related to previous year tax positions

 

 

596

 

 

 

359

 

 

 

478

 

Reductions due to lapse of applicable statute of limitations

 

 

 

 

 

(478

)

 

 

(151

)

Reduction due to settlements

 

 

 

 

 

 

 

 

 

Balance at December 31

 

$

955

 

 

$

359

 

 

$

478

 

 

The total amount of gross unrecognized tax benefits that would reduce the Company’s effective tax rate was $1.0 million, $0.4 million and $0.5 million at December 31, 2018, 2017 and 2016.  

The Company and its subsidiaries file U.S. Federal, state and local, and non-U.S. income tax returns.  As of December 31, 2018, the Company is no longer subject to U.S. Federal examinations by tax authorities for tax years before 2015. The Company is subject to state and local examinations for tax years of 2013 through 2017. In addition, the Company is subject to non-U.S. income tax examinations for tax years of 2013 through 2017.