NOTE 6-INCOME TAXES

The components of earnings before income tax provision (benefit) for the years ended December 31, 2016 and 2015 were as follows:


	Year Ended
	December 31,
	2016		2015
	(in thousands)
Income (loss) before income tax provision (benefit):
Domestic	$	1,903	$	1,038
Foreign		984		682
	$	2,887	$	1,720

Income tax provision (benefit) consists of the following for the years ended December 31, 2016 and 2015:


	Year Ended
	December 31,
	2016		2015
	(in thousands)
Income tax provision (benefit):
Current
Federal	$	427	$	—
State		11		5
Foreign		231		(16)
Total current		669		(11)
Deferred:
Federal		(429)		—
State		(216)		—
Foreign		(30)		—
Total deferred		(675)		—
Total income tax provision (benefit)	$	(6)	$	(11)

A reconciliation of the income tax provision (benefit) by applying the statutory United States federal income tax rate to net income before income tax provision (benefit) is as follows:


	December 31,
	2016				2015
	$		%		$		%
	(in thousands, except percentages)
Federal income tax provision (benefit) at statutory rate	$	982	34.0	%	$	573	34.0	%
State tax expense net of federal tax benefit		112	3.9	%		57	3.4	%
Foreign taxes		(103)	(3.6)	%		(53)	(3.1)	%
Other		(8)	(0.3)	%		(20)	(1.0)	%
Permanent loss of tax benefit related to NOLs limited by ownership change		—	0.0	%		18,105	1,073.5	%
Change in valuation allowance		(989)	(34.2)	%		(18,673)	(1,107.3)	%
Income tax provision (benefit)	$	(6)	(0.2)	%	$	(11)	(0.5)	%

Deferred tax assets and liabilities are recognized for future tax consequences between the carrying amounts of assets and liabilities and their respective tax basis using enacted tax rates in effect for the fiscal year in which the difference are expected to reverse. Significant deferred tax assets and liabilities, consist of the following:


	December 31,
	2016		2015
	(in thousands)
Deferred tax assets, net
Net operating loss carryforward	$	420	$	729
Credits		6		7
Accruals		17		19
Reserves		8		15
Fixed assets and intangible property		93		134
Stock compensation		74		30
Other		57		55
Total deferred tax assets		675		989
Valuation allowance		—		(989)
Net deferred tax assets	$	675	$	—

Deferred taxes are recorded for the following Net Operating Losses (“NOLs”) that can be used in future tax years:


	December 31,
	2016		2015
	(in millions)
Net operating losses
Federal	$	1.0	$	1.6
State		1.0		2.3
Foreign		0.1		0.3
	$	2.1	$	4.2

The federal and state NOLs expire at various dates between 2016 through 2030. Foreign NOLs are related to the jurisdictions of Singapore and Hong Kong and may be carried forward indefinitely.

The Company experienced an ownership change under IRC Section 382 in February 2010. In general, a Section 382 ownership change occurs if there is a cumulative change in our ownership by “5% shareholders” (as defined in the Internal Revenue Code of 1986, as amended) that exceeds 50 percentage points over a rolling three-year period. An ownership change generally affects the rate at which NOLs and potential other deferred tax assets are permitted to offset future taxable income. Certain state jurisdictions within which we operate contain similar provisions and limitations. All of the remaining federal and state NOLs amount as of December 31, 2016 are subject to annual limitations due to the February 2010 ownership change, at approximately $71,000 per year. Because these limitations preclude the use of a large portion of these NOLs, the Company permanently wrote-off the related deferred tax assets during the year ended December 31, 2015. Because the Company maintained a full valuation allowance against these deferred tax assets, this write-off had no impact on tax expense. At December 31, 2016, the gross NOLs without regard to this permanent write-off is $48.5 million for federal and $17.5 million for state. A roll-forward of the NOLs for which deferred tax assets are now recorded is as follows:


	December 31,
	2016		2015
	(in millions)
Net operating losses
Balance at January 1,	$	4.2	$	78.1
Permanent loss of tax benefit related to NOLs limited by ownership change		—		(72.5)
NOL generated (utilized)		(2.2)		(1.7)
NOL expired unused		—		—
Other, including changes in foreign exchange rates		0.1		0.3
Balance at December 31,	$	2.1	$	4.2

Management assesses the available positive and negative evidence to estimate if sufficient future taxable income will be generated to utilize the existing deferred tax assets. We analyzed our need to maintain the valuation allowance against our otherwise recognizable deferred tax assets in the federal, state and foreign jurisdictions and had previously recorded a total valuation allowance of $989 thousand as of December 31, 2015. During the fourth quarter of 2016, we determined, given our current earnings and anticipated future earnings, that sufficient evidence existed to reach a conclusion that the valuation allowance was no longer warranted.

As of December 31, 2016, withholding and U.S. taxes had not been provided on approximately $700 thousand of unremitted earnings of non-U.S. subsidiaries because the Company has currently reinvested these earnings permanently in such operations. Such earnings would be taxable upon the sale or liquidation of these subsidiaries or upon remittance of dividends. Although such earnings are intended to be reinvested indefinitely, any tax liability for undistributed earnings, including withholding taxes, would be partially negated by the availability of corresponding foreign tax credits. As of December 31, 2015, there were no unremitted earnings of non-U.S. subsidiaries due to historical losses in those entities.

The Company is subject to taxation in the U.S. and various states and foreign jurisdictions. U.S. federal income tax returns after 2012 remain open to examination. We and our subsidiaries are also subject to income tax in multiple state and foreign jurisdictions. Generally, state and foreign income tax returns after 2011 remain open to examination. No income tax returns are currently under examination. As of December 31, 2016 and 2015, the Company does not have any unrecognized tax benefits, and continues to monitor its current and prior tax positions for any changes. The Company recognizes penalties and interest related to unrecognized tax benefits as income tax expense. For the years ended December 31, 2016 and 2015, there were no penalties or interest recorded in income tax expense.