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Note 15 - Income Taxes
12 Months Ended
Dec. 28, 2019
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
15.
INCOME TAXES
 
Generally, the Company’s relative income or loss generated in each of its jurisdictions can materially impact the consolidated effective income tax rate of the Company, particularly the ratio of Canadian and Serbian pretax income, versus United States pretax income. The consolidated effective income tax rate for fiscal
2019
was
15.8%
as compared to
30.5%
for the comparable prior year period.  The Company’s United States Federal statutory tax rate for the
fifty-two
week period ended
December 29, 2018
and the comparable prior year period, before any adjustments, was
21.0%
.
  The income tax provisions reconciled to the tax computed at the United States Federal statutory rate for both fiscal
2019
and
2018
are as follows:
 
   
December 28,
2019
   
December 29,
2018
 
Federal statutory rate
   
21.0
%
   
21.0
%
Tax expense on taxable (loss) income at federal statutory rate
  $
1,013
    $
821
 
State and Puerto Rico income taxes, net of Federal income tax benefit
   
305
     
91
 
Prior year United States R&D tax credits in current year
   
(668
)
   
(341
)
Permanent differences
   
77
     
49
 
Foreign income tax rates
   
(101
)
   
(173
)
Adjustments to NOL and repatriation taxes
   
154
     
730
 
Other
   
(16
)
   
16
 
Total income tax expense
  $
764
    $
1,193
 
 
 
The Company experienced the following significant adjustments for the
2019
fiscal year that impacted its net income tax expense of
$0.8
million: prior year United States R&D tax credits of
$0.7
million recognized in fiscal
2019,
and expense from changes to its United States net operating loss carryforward and repatriation taxes of
$0.2
million.
 
The Company experienced several adjustments for the
2018
fiscal year that impacted its net income tax expense of
$1.2
million, including
1
) prior year United States
179D
deductions generated an income tax benefit of
$0.3
million;
2
) foreign income tax differences generated an income tax benefit of
$0.2
million; and
3
) changes to United States and Canadian net operating loss carryforward generated expense of
$0.7
million, primarily from changes in
2018
as a result of new information upon completing the
2017
United States Federal tax return.
 
The components of income tax expense are as follows:
 
   
Fiscal Years Ended
 
   
December 28,
2019
   
December 29,
2018
 
Current
               
Federal
  $
(688
)
  $
(198
)
State and local
   
181
     
51
 
Foreign
   
166
     
(90
)
     
(341
)
   
(237
)
                 
Deferred
               
Federal
   
892
     
1,399
 
State
   
229
     
64
 
Foreign
   
(16
)
   
(33
)
     
1,105
     
1,430
 
Total
  $
764
    $
1,193
 
 
The Company completed its analysis of the Tax Cut and Jobs Act (“TCJA”) in fiscal
2018
and recorded a charge of
$0.7
million due to the utilization of net operating loss carryforwards upon the filing of its
2017
federal income tax return.
 
The components of earnings before income taxes by United States and foreign jurisdictions were as follows:
 
   
Fiscal Years Ended
 
   
December 28,
2019
   
December 29,
2018
 
United States
  $
3,626
    $
3,671
 
Foreign Jurisdictions
   
1,196
     
237
 
    $
4,822
    $
3,908
 
 
A reconciliation of the unrecognized tax benefits for the year
December 28, 2019:
 
Unrecognized Tax Benefits
 
         
Balance as of December 29, 2018
  $
628
 
Charges for current year tax positions
   
(628
)
Reserves for current year tax position
   
-
 
         
Balance as of December 28, 2019
  $
-
 
 
The Company accounts for penalties or interest related to uncertain tax positions as part of its provision for income taxes and records such amounts to interest expense.  The Company recorded
no
expense for penalties or interest in the fiscal years ended
December 28, 2019
and
December 29, 2018.
 
At
December 28, 2019
and
December 29, 2018,
deferred tax assets and liabilities consist of the following:
 
   
December 28,
2019
   
December 29,
2018
 
Deferred tax assets:
               
Allowance for doubtful accounts
  $
432
    $
388
 
Federal and state net operating loss carryforward
   
330
     
1,253
 
Reserves and accruals
   
255
     
343
 
Other
   
185
     
125
 
Total deferred tax assets
   
1,202
     
2,109
 
                 
Deferred tax liabilities:
               
Acquisition amortization, net
   
(569
)
   
(403
)
Prepaid expense deferral
   
(701
)
   
(600
)
Bonus depreciation to be reversed
   
(327
)
   
(381
)
Canada deferred tax liability, net
   
(382
)
   
(398
)
Total deferred tax liabilities
   
(1,979
)
   
(1,782
)
Total deferred tax (liabilities) asset, net
  $
(777
)
  $
327
 
 
The Company has gross net operating losses of
$0.1
million and
$5.0
million to be applied to the net income of future Federal and State tax returns, respectively. The Federal net operating loss will expire in
2037.
The Company conducts business in many states. Net operating losses in these states expire at differing periods but the majority of these expire in
2037.
 
The Company conducts its operations in multiple tax jurisdictions in the United States, Canada, Puerto Rico and Serbia. The Company and its subsidiaries file a consolidated United States Federal income tax return and file in various states. The Company’s federal income tax returns have been examined through
2012.
The Internal Revenue Service is currently examining fiscal tax years
2013,
2015,
2016
and
2017.
The State of New Jersey is currently examining fiscal tax years
2009
through
2012.
Except for New Jersey and other limited exceptions, the Company is
no
longer subject to audits by state and local tax authorities for tax years prior to
2015.
The Company is
no
longer subject to audit in Canada for the tax years prior to tax year
2015.
The Company is
no
longer subject to audit in Puerto Rico for the tax years prior to tax year
2009.