Income Taxes

Income (loss) from operations before income taxes consisted of the following:



	(Dollars in thousands)
	Year Ended December 31,
	2018		2017
United States	$	6,839	$	10,159
Canada	24		(65		)
	$	6,863	$	10,094

Provision (benefit) for income taxes from operations for the years ended December 31, consisted of the following:



	(Dollars in thousands)
	Year Ended December 31,
	2018			2017
Current income tax expense (benefit):
U.S. federal	$	—		$	296
U.S. state	165			129
Canada	257			1,209
Total	$	422		$	1,634
Deferred income tax expense (benefit):
U.S. federal	$	721		$	(17,971	)
U.S. state	(464		)	(3,257		)
Canada	(30		)	—
Total	$	227		$	(21,228	)
Total income tax expense (benefit):
U.S. federal	$	721		$	(17,675	)
U.S. state	(299		)	(3,128		)
Canada	227			1,209
Total	$	649		$	(19,594	)

The reconciliation between the effective income tax rate and the statutory federal rate for operations was as follows:



	Year Ended December 31,
	2018		2017
Statutory Federal rate	21.0	%	35.0	%
Increase (decrease) resulting from:
Change in valuation allowance - reversal	—		(210.5	)
Change in valuation allowance - federal tax rate change	—		(126.4	)
Change in valuation allowance - current period activity	3.7		(65.7	)
Federal tax rate change	—		126.4
Foreign income inclusion	(13.9	)	29.2
Change in uncertain tax positions	(1.4	)	7.7
State and local taxes, net	4.7		4.7
Stock compensation	(4.5	)	(1.9	)
Meals & entertainment	2.4		1.4
Alternative Minimum Tax	1.4		3.6
Provision to return differences	(9.3	)	(0.7	)
Foreign Currency Loss	2.5		—
Other items, net	2.9		3.1
Provision for income taxes	9.5	%	(194.1	)%

The Company paid income taxes of $1.3 million and $0.3 million in the years ended December 31, 2018 and 2017, respectively. At December 31, 2018, the Company had $20.2 million of U.S. federal net operating loss carryforwards which are subject to expiration beginning in 2030 and $20.5 million of various state net operating loss carryforwards which expire at varying dates through 2034.

Primarily due to the cumulative losses that were incurred over several years, management determined in 2012 that it was more likely than not that the company would not be able to utilize its deferred tax assets to offset future taxable income. Valuation allowances ("VA’s") were recorded against virtually all the gross deferred tax assets at that time. At each reporting date since 2012, Lawson management has considered new evidence, both positive and negative, that could impact management’s view with regard to the realization of its deferred tax assets and the reversal of the corresponding valuation allowances. If the company was able to demonstrate that it can consistently generate income it may lead to a determination that there is sufficient positive evidence to conclude that it is more likely than not that the company will be able to utilize its deferred tax assets to offset future taxable income.

In 2017 we had continued to generate pre-tax profits and had utilized some of our net operating loss carryforwards over the previous two years and were in a three year cumulative income position in the U.S. Based on available evidence, including the utilization of $13.0 million of net operating loss carryforwards in 2017, we reached a point of increased confidence in our ability to sustain profit levels and we believed it was more likely than not that we would be able to utilize a substantial amount of our deferred tax assets to offset future taxable income. Therefore, a large portion of our U.S. valuation allowances were released in 2017.

Certain valuation allowances mostly pertaining to the deferred tax assets related to our foreign operations will remain. The Company will continue to monitor all positive and negative evidence related to the remaining valuation of deferred tax assets on a quarterly basis.

The Tax Cuts and Jobs Act was enacted into law on December 22, 2017. Among its provisions, the law reduced the U.S. corporate income tax rate from 35% to 21%, effective January 1, 2018, requiring the Company to re-measure its net U.S. deferred tax assets to reflect the reduction in the tax rate. The impact of the change resulted in a reduction to deferred tax assets of $12.6 million offset by the same decrease in the valuation allowance. The income tax benefit recorded in 2017 of $19.6 million was primarily the result of the valuation allowance reversal of $21.2 million recorded at December 31, 2017.

The Tax Cuts and Jobs Act also requires that a U.S. shareholder of a specified foreign corporation ("SFC") to include in gross income, at the end of the SFC’s last tax year beginning before January 1, 2018, the US shareholder’s pro-rata share of certain of the SFC’s undistributed and previously untaxed post-1986 foreign earnings and profits ("E&P"). The U.S. shareholder’s income inclusion is taxed at an effective U.S. federal income tax rate of either 15.5% or 8%. The 15.5% rate applies to the extent that the SFC’s hold cash and certain other assets, and the 8% rate applies to the extent the income inclusion exceeds the foreign cash position. During the fourth quarter of 2017, the Company utilized $8.4 million of net operating losses to offset its E&P.

The Securities and Exchange Commission ("SEC") recently issued SAB 118 (Income Tax Accounting Implications of the Tax Cuts and Jobs Act) which allows registrants to record provisional amounts during a measurement period. The SAB allows a company to recognize provisional amounts when it does not have the necessary information prepared in reasonable detail to calculate the effect of the change in tax law. Per the SAB, a company should report provisional amounts when the accounting is not complete, but for which a reasonable estimate can be determined. Lawson included in its 2017 taxable income calculation a provisional amount of approximately $8.4 million representing previously untaxed foreign earnings and profits. The Company did not accrue any federal income tax on this amount as the company was able to utilize federal net operating losses to offset the income. The Company recently finalized the foreign earnings and profit calculation in conjunction with the finalization of the 2017 federal income tax return when all required necessary information was more readily available. A lower final foreign earnings and profits inclusion of $3.9 million resulted in a tax benefit which has a beneficial impact on the effective tax rate for the year ending December 31, 2018.

As a result of acquisitions completed in 2018, 2017, 2016 and 2015, the Company recorded $20.1 million of tax deductible goodwill that may result in a tax benefit in future periods.

Deferred income tax assets and liabilities contain the following temporary differences:



	(Dollars in thousands)
	December 31,
	2018			2017
Deferred tax assets:
Net operating loss carryforward	$	9,878		$	12,120
Compensation and benefits	9,598			7,828
Inventory reserve	1,769			1,689
Capital loss carryforward	1,317			1,326
Accounts receivable reserve	142			130
Other	457			1,155
Total deferred tax assets	23,161			24,248
Deferred tax liabilities:
Intangible assets	2,478			3,115
Property, plant and equipment	(20		)	41
Other	303			403
Total deferred liabilities	2,761			3,559
Net deferred tax assets before valuation allowance	20,400			20,689
Valuation allowance	(2,569		)	(2,556		)
Net deferred tax assets	$	17,831		$	18,133

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:



	(Dollars in thousands)
	December 31,
	2018			2017
Balance at beginning of year	$	4,255		$	3,249
Additions for tax positions of current year	43			865
Additions for tax positions of prior years	85			141
Reductions for tax positions of prior year	(771		)	—
Balance at end of year	$	3,612		$	4,255

The recognition of the unrecognized tax benefits would have a favorable effect on the effective tax rate. Due to the uncertainty of both timing and resolution of income tax examinations, the Company is unable to determine whether any amounts included in the December 31, 2018 balance of unrecognized tax benefits represent tax positions that could significantly change during the next twelve months. The unrecognized tax benefits are recorded as a component of Other liabilities in the Consolidated Balance Sheets. Interest and penalties related to unrecognized tax benefits are recorded as a component of income tax expense.

The Company and its subsidiaries are subject to U.S. federal income tax as well as income tax of multiple state and foreign jurisdictions. As of December 31, 2018, the Company was subject to U.S federal income tax examinations for the years 2015 through 2017 and income tax examinations from various other jurisdictions for the years 2011 through 2017.