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Note 7 - Income Taxes
12 Months Ended
Jan. 31, 2021
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
Note
7
- Income taxes
 
Income/(loss) from continuing operations before income taxes (in thousands)
 
2020
   
2019
 
Domestic
  $
(3,288
)   $
400
 
Foreign
   
(4,487
)    
4,635
 
Total
  $
(7,775
)   $
5,035
 
 
 
Components of income tax expense/(benefit) (in thousands)
 
2020
   
2019
 
Current
               
Federal
  $
18
    $
34
 
Foreign
   
413
     
1,455
 
State and other
   
105
     
181
 
Total current income tax expense
   
536
     
1,670
 
Deferred
               
Federal
   
     
 
Foreign
   
(669
)    
(211
)
State and other
   
     
 
Total deferred income tax expense/(benefit)
   
(669
)    
(211
)
Total income tax expense/(benefit)
  $
(133
)   $
1,459
 
 
Repatriation of foreign earnings
 
As a result of the onetime transition tax from the U.S. Tax Cuts and Jobs Act of
2017
(“Tax Act”), the Company estimates that distributions from foreign subsidiaries will
no
longer be subject to incremental U.S. tax as they will either be remittances of previously taxed earnings and profits or eligible for a full dividends received deduction. Current and future earnings in the Company's subsidiaries in Canada and Egypt are
not
permanently reinvested, and earnings in its Indian subsidiary are partially permanently reinvested. Earnings from these subsidiaries are subject to tax in their local jurisdiction, and withholding taxes in these jurisdictions are considered. As such, the Company has reduced the liability from
$0.4
million as of
January 31, 2020
to 
$0.2
million as of
January 31, 2021
related to these taxes.
 
U.S. income and foreign withholding taxes have
not
been recognized on the excess of the amount for financial reporting over the tax basis of investments in foreign subsidiaries that is indefinitely reinvested outside the United States. The Company intends to permanently reinvest the undistributed earnings of its Middle Eastern subsidiaries. The Middle Eastern subsidiaries have unremitted earnings of
$22.4
million as of
January 31, 2021,
all of which has been subject to the transition tax in the United States. Unremitted earnings of
$15.7
million in the United Arab Emirates would
not
be subject to withholding tax in the event of a distribution,
$6.8
million of unremitted earnings in Saudi Arabia would be subject to withholding tax of less than
$0.1
million, and the
$4.4
million of earnings permanently reinvested in India would be subject to withholding tax of
$0.9
million. The Company has
not
recorded a deferred tax liability related to any financial reporting basis over tax basis related to the investment in these foreign subsidiaries as it is
not
practical to estimate.
 
The difference between the provision for income taxes and the amount computed by applying the U.S. Federal statutory rate of
21%
 was as follows:
 
(In thousands)
 
2020
   
2019
 
Tax expense at federal statutory rate
  $
(1,633
)   $
1,057
 
State expense, net of federal income tax effect
   
(97
)    
147
 
Deferred balance adjustment
   
(5
)    
(212
)
Domestic valuation allowance
   
1,807
     
(337
)
Domestic return to provision
   
(485
)    
(172
)
Global Intangible Low Tax Income Inclusion
   
-
     
703
 
Nontaxable Paycheck Protection Program Loan Forgiveness Proceeds    
(662
)    
-
 
Permanent differences other
   
282
     
(5
)
Valuation allowance for state NOLs
   
183
     
(2
)
Differences in foreign tax rate
   
527
     
(79
)
Foreign rate change
   
18
     
(63
)
Deferred tax on unremitted earnings
   
(176
)    
183
 
Foreign withholding taxes
   
209
     
274
 
All other, net expense
   
(101
)    
(35
)
Total income tax expense/(benefit)
  $
(133
)   $
1,459
 
 
The Company's worldwide effective tax rates ("ETR") were
1.7%
and
29.0%
in
2020
and
2019
, respectively. The change in the ETR from the prior year to the current year is largely due to the Company's valuation allowance against its domestic deferred tax asset and changes to the mix of income in various jurisdictions, including losses in the
zero
rate jurisdiction of the United Arab Emirates.
 
Components of deferred income tax assets (in thousands)
 
2020
   
2019
 
U.S. Federal NOL carryforward
  $
8,626
    $
7,209
 
Deferred compensation
   
508
     
401
 
Research tax credit
   
2,686
     
2,686
 
Foreign NOL carryforward
   
543
     
223
 
Foreign tax credit
   
2,580
     
2,580
 
Stock compensation
   
442
     
429
 
Other accruals not yet deducted
   
245
     
267
 
State NOL carryforward
   
2,678
     
2,567
 
Accrued commissions and incentives
   
362
     
354
 
Inventory valuation allowance
   
106
     
75
 
Lease liability    
541
     
604
 
Other
   
113
     
127
 
Deferred tax assets, gross
   
19,430
     
17,522
 
Valuation allowance
   
(17,746
)    
(15,937
)
Total deferred tax assets, net of valuation allowances
  $
1,684
    $
1,585
 
                 
Components of the deferred income tax liability
     
 
     
 
Depreciation
  $
(981
)   $
(1,275
)
Foreign subsidiaries unremitted earnings
   
(289
)    
(470
)
Prepaid
   
(21
)    
(61
)
Right of use asset    
(484
)    
(538
)
Total deferred tax liabilities
  $
(1,775
)
  $
(2,344
)
                 
Deferred tax liability, net
  $
(91
)
  $
(759
)
                 
Balance sheet classification
     
 
     
 
Long-term assets
  $
823
    $
293
 
Long-term liability
   
(914
)    
(1,052
)
Total deferred tax liabilities, net of valuation allowances
  $
(91
)
  $
(759
)
 
The Company has a gross U.S. Federal operating loss carryforward of
$41.1
 million that will begin to expire in the year ending
January 
31,
2031.
 
The deferred tax asset ("DTA") for state net operating loss ("NOL") carryforwards of
$2.7
 million relates to amounts that expire at various times from
2022
to
2031.
 
The Company has a DTA foreign NOL carryforward of
$0.5
 million for its subsidiaries in Saudi Arabia and India. The NOL in Saudi Arabia can be carried forward indefinitely and does
not
have a valuation allowance recorded against it while the NOL in India can be carried forward for
eight
years and does
not
have a valuation allowance recorded against it. The ultimate realization of this tax benefit is dependent upon the generation of enough operating income in the foreign tax jurisdictions. 
 
The Company periodically reviews the adequacy of its valuation allowance in all of the tax jurisdictions in which it operates, evaluates future sources of taxable income and tax planning strategies and
may
make further adjustments based on management's outlook for continued profits in each jurisdiction. 
 
Management assesses the available positive and negative evidence to estimate whether sufficient future taxable income will be generated to permit the use of the existing deferred tax assets. A significant piece of objective negative evidence evaluated was the domestic cumulative loss incurred leading up to the period ended
January 31, 2013.
Such objective evidence limits the ability to consider other subjective evidence, such as our projections for future growth.
 
On the basis of this evaluation, as of
December 31, 2013,
a full valuation allowance was recorded against the domestic deferred tax assets as the Company has determined that they are
not
more likely than
not
to be realized based upon the available evidence. As of
January 31, 2021,
the Company has
not
released the valuation allowance as the objective negative evidence in the form of cumulative losses continues to exist. The amount of the domestic deferred tax assets considered realizable, however, could be increased if objective negative evidence in the form of cumulative losses is
no
longer present.
 
The Company has a deferred tax asset of
$2.6
 million for U.S. foreign tax credits after considering the impact of the repatriated foreign earnings and the
one
-time transition tax. The foreign tax credit deferred tax asset is fully offset with a valuation allowance. The excess foreign tax credits are subject to a
ten
-year carryforward and will begin to expire on
January 
31,
2026.
 
The following table summarizes uncertain tax position ("UTP") activity, excluding the related accrual for interest and penalties:
 
(In thousands)
 
2020
   
2019
 
Balance at beginning of the year
  $
1,545
    $
1,447
 
Increases in positions taken in a prior period
   
2
     
(26
)
Increases in positions taken in a current period
   
65
     
132
 
Decreases due to lapse of statute of limitations
   
(21
)    
(8
)
Balance at end of the year
  $
1,591
    $
1,545
 
 
Included in the total UTP liability were estimated accrued interest and penalties of 
$0.2
million and less than
$0.1
million in 
January 31, 2021
 and
2020,
respectively. These non-current income tax liabilities are recorded in other long-term liabilities in the consolidated balance sheet and recognized as an expense during the period. The Company's policy is to include interest and penalties in income tax expense. On
January 31, 2021
, the Company did 
not
anticipate any significant adjustments to its unrecognized tax benefits within the next
twelve
months. Included in the balance on
January 31, 2021
were amounts offset by deferred taxes (i.e. temporary differences) or amounts that could be offset by refunds in other taxing jurisdictions (i.e., corollary adjustments). Upon reversal,
$0.5
million of the amount accrued on 
January 31, 2021
would impact the future ETR.
 
The Company is subject to income taxes in the U.S. federal jurisdiction, and various states and foreign jurisdictions. Tax regulations within each jurisdiction are subject to the interpretation of the related tax laws and regulations and require significant judgment to apply. Tax years related to
January 31, 2018,
2019
and
2020
are open for federal and state tax purposes. In addition, federal and state tax years
January 31, 2002
through
January 31, 2009
are subject to adjustment on audit, up to the amount of research tax credit generated in those years. Any NOL carryover can still be adjusted by the Internal Revenue Service in future year audits.
 
The Company's management periodically estimates the probable tax obligations of the Company using historical experience in tax jurisdictions and informed judgments. There are inherent uncertainties related to the interpretation of tax regulations in the jurisdictions in which the Company transacts business. The judgments and estimates made at a point in time
may
change based on the outcome of tax audits, as well as changes to or further interpretations of regulations. If such changes take place, there is a risk that the tax rate
may
increase or decrease in any period. Tax accruals for tax liabilities related to potential changes in judgments and estimates for federal, foreign and state tax issues are included in other long-term liabilities on the consolidated balance sheet.