Income Taxes

The components of income (loss) before provision for income taxes are as follows:



	Years Ended September 30,
	2017		2016			2015
	(dollars in thousands)
Domestic	$	1,900	$	2,100		$	94
Foreign	7,930		(7,550		)	(4,901		)
	$	9,830	$	(5,450	)	$	(4,807	)

The components of the provision (benefit) for income taxes are as follows:



	Years Ended September 30,
	2017		2016		2015
	(dollars in thousands)
Current:
Domestic federal	$	54	$	530	$	(320	)
Foreign	1,330		500		500
Foreign withholding taxes	240		280		1,240
Domestic state	120		110		—
Total current	1,744		1,420		1,420

Deferred:
Domestic federal	—		1,680		720
Foreign	—		—		(210		)
Domestic state	—		—		(20		)
Total deferred	—		1,680		490
Total provision	$	1,744	$	3,100	$	1,910

A reconciliation of actual income taxes to income taxes at the expected United States federal corporate income tax rate of thirty-four percent is as follows:



	Years Ended September 30,
	2017			2016			2015
	(dollars in thousands)
Tax expense (benefit) at the U.S. rate (34%)	$	3,340		$	(1,890	)	$	(1,630	)
Effect of permanent book-tax differences	340			1,120			(1,570		)
State tax provision	100			110			(40		)
Valuation allowance for net deferred tax assets	(1,610		)	2,690			2,490
Uncertain tax items	350			350			330
Foreign tax rate differential	(776		)	1,050			1,890
Other items	—			(330		)	440
	$	1,744		$	3,100		$	1,910

Deferred income taxes reflect the tax effects of temporary differences between the carrying value of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. The tax effects of temporary book-tax differences that give rise to significant portions of the deferred tax assets and deferred tax liability are as follows:



	Years Ended September 30,
	2017			2016
	(dollars in thousands)
Deferred tax assets - current:
Capitalized inventory costs	$	210		$	270
Inventory write-downs	1,945			2,460
Accrued warranty	260			160
Deferred profits	1,190			1,180
Accruals and reserves not currently deductible	1,945			1,720
Deferred tax assets - current	$	5,550		$	5,790
Valuation allowance	(5,550		)	(5,790		)
Deferred tax assets - current, net of valuation allowance	$	—		$	—

Deferred tax assets (liabilities) - non-current:
Stock option expense	$	1,080		$	890
Book vs. tax basis of acquired assets	(1,290		)	(1,340		)
Federal net operating loss carryforwards	4,820			3,370
Foreign and state net operating losses	14,800			13,200
Book vs. tax depreciation and amortization	(2,250		)	(2,200		)
Foreign tax credits	420			4,230
Other deferred tax assets	—			570
Total deferred tax assets - non-current	17,580			18,720
Valuation allowance	(17,380		)	(18,520		)
Deferred tax assets (liabilities) - non-current, net of valuation allowance	$	200		$	200

Changes in the deferred tax valuation allowance are as follows:



	Years Ended September 30,
	2017			2016
	(dollars in thousands)
Balance at the beginning of the year	$	24,310		$	23,810
(Reductions) additions to valuation allowance	(1,380		)	500
Balance at the end of the year	$	22,930		$	24,310

The deferred tax valuation allowance decreased by $1.4 million and increased $0.5 million for the years ended September 30, 2017 and 2016, respectively. In assessing the realizability of deferred tax assets, we consider whether it is more likely than not that some portion or all of the deferred tax assets will be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. We consider the scheduled reversal of deferred tax liabilities, projected future income and tax planning strategies in making this assessment. We have established valuation allowances on substantially all net deferred tax assets, after considering all of the available objective evidence, both positive and negative, historical and prospective, with greater weight given to historical evidence, and determined it is not more likely than not that these assets will be realized. As of September 30, 2017, we reversed a portion of the valuation allowance related to net operating loss carryforwards which we have determined will be utilized against net operating income in the current year. Additionally, as of September 30, 2017, we wrote off acquired foreign tax credits and the related valuation allowance due to our inability to use them prior to expiration.

As of September 30, 2017, we have federal net operating loss carryforwards of approximately $14.5 million that expire at various times between 2028 and 2035. The utilization of those federal net operating losses are limited to approximately $0.8 million per year. We have foreign net operating loss carryforwards of approximately $56.4 million which expire at various times through 2025. We have approximately $7.2 million of state net operating loss carryforwards.

Our historical and continuing policy is that our undistributed foreign earnings are indefinitely reinvested and, accordingly, no related provision for U.S. federal and state income taxes has been provided on the undistributed foreign earnings at September 30, 2017. The amount of taxes attributable to these undistributed earnings is immaterial.

We apply the accounting guidance for uncertainty in income taxes using the provisions of FASB ASC 740. In this regard, an uncertain tax position represents our expected treatment of a tax position taken in a filed tax return, or planned to be taken in a future tax return, that has not been reflected in measuring income tax expense for financial reporting purposes. Approximately $1.7 million of this total represents the amount that, if recognized, would favorably affect our effective income tax rate in future periods.

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



	Years Ended September 30,
	2017		2016		2015
	(dollars in thousands)
Balance at beginning of the year	$	3,860	$	3,510	$	3,180
Additions related to tax positions taken in prior years	350		350		330
Reductions due to lapse of statute of limitations	—		—		—
Balance at the end of the year	$	4,210	$	3,860	$	3,510

We have classified all of our liabilities for uncertain tax positions as income taxes payable long-term. Income taxes long-term also includes other items, primarily withholding taxes that are not due until the related intercompany service fees are paid.

We report accrued interest and penalties related to unrecognized tax benefits in income tax expense. We recognized a net expense for interest and penalties of $0.4 million, $0.4 million and $0.3 million for 2017, 2016 and 2015, respectively. Income taxes payable long-term on the Consolidated Balance Sheets includes a cumulative accrual for potential interest and penalties of $2.6 million as of both September 30, 2017 and 2016.

We do not expect that the amount of our tax reserves for uncertain tax positions will materially change in the next 12 months other than the continued accrual of interest and penalties.

Amtech and one or more of our subsidiaries file income tax returns in The Netherlands, Germany, France, China and other foreign jurisdictions, as well as the U.S. and various states in the U.S. We have not signed any agreements with the Internal Revenue Service, any state or foreign jurisdiction to extend the statute of limitations for any fiscal year. As such, the number of open years is the number of years dictated by statute in each of the respective taxing jurisdictions, but generally is from 3 to 5 years.

These open years contain certain matters that could be subject to differing interpretations of applicable tax laws and regulations as they relate to the amount, timing, or inclusion of revenues and expenses, or the sustainability of income tax positions of Amtech and our subsidiaries.