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Income Taxes
12 Months Ended
Sep. 30, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

11. Income Taxes

The following note related to income taxes includes both continuing and discontinued operations. The components of income (loss) before provision for income taxes are as follows (in thousands):

 

 

 

Years Ended September 30,

 

 

 

2019

 

 

2018

 

 

2017

 

Domestic

 

$

916

 

 

$

7,845

 

 

$

1,900

 

Foreign

 

 

(4,648

)

 

 

(2,320

)

 

 

7,930

 

 

 

$

(3,732

)

 

$

5,525

 

 

$

9,830

 

 

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

 

 

 

Years Ended September 30,

 

 

 

2019

 

 

2018

 

 

2017

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Domestic federal

 

$

 

 

$

1,167

 

 

$

54

 

Foreign

 

 

1,278

 

 

 

(1,404

)

 

 

1,330

 

Foreign withholding taxes

 

 

94

 

 

 

356

 

 

 

240

 

Domestic state

 

 

58

 

 

 

101

 

 

 

120

 

Total current

 

 

1,430

 

 

 

220

 

 

 

1,744

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Domestic federal

 

 

 

 

 

 

 

 

 

Total deferred

 

 

 

 

 

 

 

 

 

Total provision

 

$

1,430

 

 

$

220

 

 

$

1,744

 

 

On June 7, 2019, we completed the sale of SoLayTec to a third party located in the Netherlands. Due to the tax treatment relating to the sale, we realized an income tax benefit of $1.3 million in our discontinued operations for the year ended September 30, 2019.

The TCJA was enacted on December 22, 2017, and permanently reduces the U.S. federal corporate tax rate from 35% to 21%, eliminated corporate Alternative Minimum Tax, modified rules for expensing capital investment, and limits the deduction of interest expense for certain companies. The TCJA is a fundamental change to the taxation of multinational companies, including a shift from a system of worldwide taxation with some deferral elements to a territorial system, current taxation of certain foreign income, a minimum tax on low-tax foreign earnings, and new measures to curtail base erosion and promote U.S. production.

As a result of the TCJA, the statutory rate applicable to our fiscal year ended September 30, 2018 was 24.3%, based on a fiscal year blended rate calculation. ASC 740 requires filers to record the effect of tax law changes in the period enacted. In the first quarter of fiscal 2018, we re-measured the applicable deferred tax assets based on the rates at which they are expected to reverse. We adjusted our gross deferred tax assets and liabilities and recorded a corresponding offset to our full valuation allowance against our net deferred tax assets, which resulted in minimal net effect to our provision for income taxes and effective tax rate.

The TCJA includes a one-time mandatory repatriation transition tax on certain net accumulated earnings and profits of our foreign subsidiaries. We have analyzed the earnings and profits of our foreign subsidiaries and determined that no transition taxes are due or expected.  The other provisions of TCJA are either immaterial or not applicable for the year ended September 30, 2018.

A reconciliation of actual income taxes to income taxes at the expected United States federal corporate income tax rate is as follows (in thousands, except percentages):

 

 

 

Years Ended September 30,

 

 

 

2019

 

 

2018

 

 

2017

 

Federal statutory rate

 

 

21.0

%

 

 

24.3

%

 

 

34.0

%

Tax (benefit) expense at the federal statutory rate

 

$

(784

)

 

$

1,342

 

 

$

3,340

 

Effect of permanent book-tax differences

 

 

272

 

 

 

75

 

 

 

340

 

State tax provision

 

 

31

 

 

 

76

 

 

 

100

 

Valuation allowance for net deferred tax assets

 

 

1,682

 

 

 

617

 

 

 

(1,610

)

Uncertain tax items

 

 

74

 

 

 

(3,013

)

 

 

350

 

Tax rate differential

 

 

150

 

 

 

1,107

 

 

 

(776

)

Other items

 

 

5

 

 

 

16

 

 

 

 

 

 

$

1,430

 

 

$

220

 

 

$

1,744

 

 

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 components of deferred tax assets and deferred tax liabilities are as follows (in thousands):

 

 

 

September 30,

2019

 

 

September 30,

2018

 

Deferred tax assets (liabilities):

 

 

 

 

 

 

 

 

Capitalized inventory costs

 

$

168

 

 

$

193

 

Inventory write-downs

 

 

2,856

 

 

 

1,333

 

Accrued warranty

 

 

161

 

 

 

204

 

Deferred profits

 

 

346

 

 

 

1,006

 

Accruals and reserves not currently deductible

 

 

3,531

 

 

 

5,017

 

Stock option expense

 

 

849

 

 

 

738

 

Federal net operating loss carryforwards

 

 

6,979

 

 

 

2,922

 

Foreign and state net operating losses

 

 

10,481

 

 

 

13,860

 

Book vs. tax depreciation and amortization

 

 

(1,546

)

 

 

(1,667

)

Other deferred tax assets

 

 

75

 

 

 

163

 

Total deferred tax assets

 

 

23,900

 

 

 

23,769

 

Valuation allowance

 

 

(23,900

)

 

 

(23,769

)

Deferred tax assets, net of valuation allowance

 

$

 

 

$

 

 

Changes in the deferred tax valuation allowance are as follows (in thousands):

 

 

 

Years Ended September 30,

 

 

 

2019

 

 

2018

 

Balance at the beginning of the year

 

$

23,769

 

 

$

22,930

 

Additions to valuation allowance

 

 

131

 

 

 

839

 

Balance at the end of the year

 

$

23,900

 

 

$

23,769

 

 

The deferred tax valuation allowance increased by $0.1 million and $0.8 million for the years ended September 30, 2019 and 2018, 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.  In 2017, 2018 and 2019, 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, the deferred tax assets related to acquired foreign tax credits and the related valuation allowance were reduced due to our inability to use them prior to expiration.  We will continue to monitor our cumulative income and loss positions in the U.S. and foreign jurisdictions to determine whether full valuation allowances on net deferred tax assets are appropriate.

As of September 30, 2019, we have federal net operating loss carryforwards of approximately $13.8 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. Additionally, we have federal net operating loss carryforwards of approximately $19.5 million that have an indefinite carryforward period. The utilization of those federal net operating losses are limited to 80% of taxable income. We have foreign net operating loss carryforwards of approximately $38.4 million which expire at various times through 2025. We have approximately $12.6 million of state net operating loss carryforwards.

We apply the accounting guidance for uncertainty in income taxes using the provisions of 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 $0.6 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 (in thousands):

 

 

 

Years Ended September 30,

 

 

 

2019

 

 

2018

 

 

2017

 

Balance at beginning of the year

 

$

1,198

 

 

$

4,210

 

 

$

3,860

 

Additions related to tax positions taken in prior

   years

 

 

74

 

 

 

155

 

 

 

350

 

Reductions due to resolution of uncertain tax

   position

 

 

 

 

 

(3,167

)

 

 

 

Balance at the end of the year

 

$

1,272

 

 

$

1,198

 

 

$

4,210

 

 

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 (benefit) for interest and penalties of $0.1 million, $(2.0) million and $0.4 million for 2019, 2018 and 2017, respectively.  Income taxes payable long-term on the Consolidated Balance Sheets includes a cumulative accrual for potential interest and penalties of $0.8 million and $0.7 million as of September 30, 2019 and 2018, respectively.

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.