Note 7 - Income Taxes

12 Months Ended

Jan. 31, 2024

Notes to Financial Statements

Income Tax Disclosure [Text Block]

Note 7 - Income taxes

Income (loss) from continuing operations before income taxes	2023			2022
Domestic (1)	$	(8,541	)	$	(5,392	)
Foreign		18,432			14,950
Total	$	9,891		$	9,558

(1) The domestic loss from continuing operations before income taxes includes corporate overhead costs.

Components of income tax (benefit) expense	2023			2022
Current
Federal	$	(21	)	$	(3	)
Foreign		3,351			2,971
State and other		270			166
Total current income tax expense		3,600			3,134
Deferred
Federal		(7,311	)		-
Foreign		391			479
State and other		-			-
Total deferred income tax (benefit) expense		(6,920	)		479
Total income tax expense	$	(3,320	)	$	3,613

As a result of the one-time 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. federal income tax as they will either be remittances of previously taxed earnings and profits or eligible for a full dividends received deduction to offset any U.S. federal income tax liability on the undistributed earnings. However, upon repatriation, various state taxes and foreign withholding taxes may be levied on such amounts. Determination of the amount of unrecognized state and local tax liability is not practicable due to the complexities associated with its hypothetical calculation. Current and future earnings in the Company's subsidiaries in Canada and Egypt are not permanently reinvested. Earnings from these subsidiaries are subject to tax in their local jurisdiction, and withholding taxes in these jurisdictions are considered. The Company's liability was $0.8 million and $0.6 million as of January 31, 2024 and 2023, respectively, 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 and Indian subsidiaries. The Middle Eastern and Indian subsidiaries have unremitted earnings of $35.5 million and $10.5 million, respectively, as of January 31, 2024. Unremitted earnings of $23.9 million in the United Arab Emirates would not be subject to withholding tax in the event of a distribution, and $11.6 million of unremitted earnings in Saudi Arabia would be subject to withholding tax of $0.6 million. 

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:

	2023			2022
Tax expense at federal statutory rate	$	2,083		$	2,007
State expense, net of federal income tax effect		159			110
Domestic return to provision	247			-
Deferred compensation adjustment		-			(32	)
Domestic valuation allowance		(8,065	)		(590	)
Domestic return to provision		-			390
Global Intangible Low-Taxed Income inclusion		2,202			1,206
State NOL expirations	1,375			-
Permanent differences other	258			-
Valuation allowance for state NOLs		(1,314	)		133
Differences in foreign tax rate		(598	)		(410	)
Reductions of uncertain tax positions of prior years	(239		)	-
Deferred tax on unremitted earnings		195			438
Foreign withholding taxes		135			304
Research tax credit		247			220
Pension Settlement		-			(115	)
All other, net expense		(5	)		(48	)
Total income tax (benefit) expense	$	(3,320	)	$	3,613

The Company's worldwide effective tax rates ("ETR") were (33.6%) and 37.8% in the year ended January 31, 2024 and 2023, respectively. The change in the ETR was largely due to a partial release of the domestic valuation allowance, changes in the mix of income and loss in various tax jurisdictions, and the global intangible low-taxed income inclusion. 

Components of deferred income tax assets	2023			2022
U.S. Federal NOL carryforward	$	6,173		$	7,197
Deferred compensation		241			276
Research tax credit		1,505			2,258
Foreign NOL carryforward		258			318
Foreign tax credit		2,580			2,580
Stock compensation		21			43
Other accruals not yet deducted		500			305
State NOL carryforward		1,495			2,744
Accrued commissions and incentives		845			851
Inventory reserve		70			107
Lease liability		878			278
Other		-			165
Deferred tax assets, gross		14,566			17,122
Valuation allowance		(5,689	)		(15,993	)
Total deferred tax assets, net of valuation allowances	$	8,877		$	1,129
Components of the deferred income tax liability
Depreciation	$	(370	)	$	(415	)
Foreign subsidiaries unremitted earnings		(783	)		(591	)
Prepaid		(94	)		(70	)
Right of use asset		(855	)		(266	)
Other		(73	)		0
Total deferred tax liabilities	$	(2,175	)	$	(1,342	)
Deferred tax assets (liabilities), net	$	6,702		$	(213	)
Balance sheet classification
Long-term assets	$	7,919		$	696
Long-term liability		(1,217	)		(909	)
Total deferred tax assets (liabilities), net of valuation allowances	$	6,702		$	(213	)

As of January 31, 2024 and 2023, the Company had deferred tax assets of $6.2 million and $7.2 million, respectively, related to gross U.S. Federal net operating loss ("NOL") carryforwards of $30.1 million and $34.3 million, respectively. Of this amount, $22.7 million will begin to expire between tax years 2036 and 2037, with the remainder not subject to expiration. As of January 31, 2024 and 2023, the Company had deferred tax assets of $1.5 million and $2.7 million, respectively, related to gross state NOLs of $21.0 million and $45.5 million, respectively, that expire between 2024 and 2032. The Company has released the valuation allowance recorded against U.S. Federal NOLs and continues to maintain a valuation allowance against its state NOLs. As of January 31, 2024 and 2023, the Company had deferred tax assets of $0.3 million related to gross foreign NOLs of $1.3 million and $1.6 million, respectively, for its subsidiary in Saudi Arabia, which can be carried forward indefinitely and does not have a valuation allowance recorded against it. The ultimate realization of the tax benefit is dependent upon the future generation of taxable income in the respective 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 evidence previously evaluated was the domestic cumulative loss incurred over the three-year period. The Company has achieved three years of cumulative income in the U.S. federal tax jurisdiction as of the period ended  January 31, 2024. As such, management has determined that certain deferred tax assets are more likely than not to be realized and have partially released the valuation allowance accordingly during the period ended  January 31, 2024. The Company continues to maintain a valuation allowance against certain domestic deferred tax assets, including its foreign tax credit carryovers, R&D credit carryovers, and state deferred tax assets. The amount of the domestic deferred tax assets considered realizable, however, could be increased if there are changes to the objective positive and negative evidence considered. The valuation allowance decreased $10.3 million during the period ended January 31, 2024.

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:

	2023			2022
Balance at beginning of year	$	1,673		$	1,611
Decreases in positions taken in a prior period		(256	)		-
Increases in positions taken in a current period		143			159
Decreases due to lapse of statute of limitations		(21	)		(3	)
Decreases due to settlements		(106	)		(94	)
Balance at end of year	$	1,433		$	1,673

Included in the total UTP liability were estimated accrued interest and penalties of $0.4 million and $0.3 million as of  January 31, 2024 and 2023, respectively. These non-current income tax liabilities are recorded in other long-term liabilities in the consolidated balance sheets 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, 2024, 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, 2024 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, $1.1 million of the amount accrued on  January 31, 2024 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, 2020, 2021, 2022 and 2023 are open for federal and state tax purposes. In addition, federal and state tax years January 31, 2004 through January 31, 2010, 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 sheets.