Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.20.4
Income Taxes
12 Months Ended
Dec. 31, 2020
Income Taxes [Abstract]  
Income Taxes NOTE 15. INCOME TAXES 

Consolidated income before income taxes consists of the following:

Year Ended December 31,

2020

2019

2018

U.S. operations

$

362

$

8,553

$

8,998

Foreign operations

3,223

1,428

(2,525)

Income before income tax

$

3,585

$

9,981

$

6,473

The components of the benefit for income taxes consist of the following:

Year Ended December 31,

2020

2019

2018

Current:

Federal

$

34

$

(41)

$

(74)

State and local

390

179

41

Foreign

863

111

295

1,287

249

262

Deferred:

Federal

3,084

1,133

2,645

State and local

44

(156)

326

Foreign

(91)

3,273

(575)

3,037

4,250

2,396

Change in valuation allowance for deferred income taxes

(6,284)

(13,490)

(3,486)

(3,247)

(9,240)

(1,090)

Income tax benefit

$

(1,960)

$

(8,991)

$

(828)

The Company’s foreign operations that are considered to be permanently reinvested have statutory tax rates of approximately 25%.

The following is a reconciliation of the statutory federal income tax rate to the effective rate reported in the Company’s financial statements:

Year Ended December 31,

2020

2019

2018

Statutory income tax expense

21.0

%

21.0

%

21.0

%

Increase (decrease) in income taxes resulting from:

Foreign taxes

3.6

0.2

(0.9)

State income taxes, net of federal income taxes

10.2

1.9

3.4

Income tax credits

(17.1)

(5.6)

(6.8)

Incentive stock options

9.9

(3.7)

1.3

Change in effective state rate

2.3

(0.1)

0.3

Deferred tax asset write-offs

73.1

31.4

21.7

Executive compensation limitation

15.6

-

-

Other

2.1

0.7

1.1

Change in valuation allowance

(175.4)

(135.9)

(53.9)

Income tax benefit

(54.7)

%

(90.1)

%

(12.8)

%

The deferred tax asset write-offs relate to historical research and development tax credits and certain investments that were fully offset by a release in the valuation allowance.

Deferred income tax assets and liabilities are determined based on the difference between the financial reporting carrying amounts and tax bases of existing assets and liabilities and operating loss and tax credit carryforwards. Significant components of the Company’s existing deferred income tax assets and liabilities as of December 31, 2020 and 2019 are as follows:

December 31,

2020

2019

Deferred tax assets:

Net operating loss, capital loss amount and research & experimentation credit carryforwards

$

37,206

$

40,949

Non-cash compensation

1,528

1,622

Accrued liabilities

274

263

Reserves and other

1,462

1,027

Intangibles

68

84

40,538

43,945

Valuation allowance

(22,348)

(28,632)

Net deferred tax assets

18,190

15,313

Deferred tax liabilities:

Depreciation

(1,074)

(1,091)

Intangibles

(7,529)

(7,542)

Other

299

-

(8,304)

(8,633)

Total

$

9,886

$

6,680

Certain deferred income tax balances are not netted as they represent deferred amounts applicable to different taxing jurisdictions. The Company has provided a valuation allowance against a portion of the deferred tax assets as of December 31, 2020, because the ultimate realization of those assets does not meet the more-likely-than-not criteria. The majority of the Company’s deferred tax assets consist of net operating loss carryforwards for federal tax purposes. If a change in control were to occur, these could be limited under Section 382 of the Internal Revenue Code of 1986 (“Code”), as amended.

In assessing the realizability of deferred income tax assets, management considers whether it is more likely than not that some portion or all of the deferred income tax assets will not 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 and net operating loss and credit carryforwards expire. The estimates and judgments associated with the Company’s valuation allowance on deferred tax assets

are considered critical due to the amount of deferred tax assets recorded by the Company on its consolidated balance sheets and the judgment required in determining the Company’s potential for future taxable income. The need for a valuation allowance is reassessed at each reporting period.

The net change in the valuation allowance for deferred income tax assets was ($6,284), ($13,490), and ($3,689) during the years ended December 31, 2020, 2019, and 2018, respectively. A roll forward of our valuation allowance for deferred income tax assets for the years ended December 31, 2020, 2019, and 2018 is as follows:

Balance at Beginning of Year

Charged to Costs and Expenses

Other Adjustments

Balance at End of Year

2018

$

45,811

$

(3,486)

$

(203)

$

42,122

2019

$

42,122

$

(13,473)

$

(17)

$

28,632

2020

$

28,632

$

(6,284)

$

-

$

22,348

As of December 31, 2020, the Company has net operating loss carryforwards (“NOLs”) and research and experimentation credit for U.S. federal income tax purposes of $120,309 and $1,889, respectively. The Company believes its U.S. Federal NOLs will substantially offset its future U.S. Federal income taxes until expiration. The majority of the Company’s pre-tax income is currently earned and expected to be earned in the U.S., or taxed in the U.S. as Subpart F. income and will be offset with the NOLs.

NOLs available to offset taxable income, subject to compliance with Section 382 of the Code, begin to expire based upon the following schedule:

Net Operating Loss Carryforward Expiration Dates

December 31, 2020

Expiration Dates December 31,

Net Operating Loss Amount

2022

$

99,596

2023

5,853

2024

3,566

2025 and beyond

11,294

Total

$

120,309

Tax positions are recognized in the financial statements when it is more likely than not that the position will be sustained upon examination by the tax authorities. The Company conducts its business globally. As a result, the Company and its subsidiaries file income tax returns in the U.S. federal jurisdiction and various state and foreign jurisdictions and are subject to examination for the open tax years in the U.S. federal and state jurisdictions of 2015-2019 and in the foreign jurisdictions of 2007-2019. The Company recognizes interest and penalties related to unrecognized tax benefits in income tax expense.

A reconciliation of the beginning and ending amount of total unrecognized tax benefits for the years ended December 31, 2020, 2019 and 2018 are follows:

December 31,

2020

2019

2018

Balance, beginning of year

$

561

$

545

$

476

Additions for current year tax positions

87

77

69

Additions for prior year tax positions

12

11

-

Reductions for prior year tax positions

(233)

(72)

-

Balance, end of year

$

427

$

561

$

545

Included in the balance of total unrecognized tax benefits at December 31, 2020 and 2019, are potential benefits of $427 and $561, respectively, that if recognized, would affect the effective rate, subject to impact of valuation allowance, on income from continuing operations. Unrecognized tax benefits that reduce a net operating loss, similar tax loss or tax credit carryforward are presented as a reduction to deferred income taxes. As a result, the Company classified $292 and $462 of its unrecognized tax benefit as a reduction to deferred tax assets as of December 31, 2020 and 2019, respectively.

Interest and penalty expense recognized related to uncertain tax positions were not significant during the years ending December 31, 2020, 2019, and 2018, respectively. Total accrued interest and penalties as of December 31, 2020 were not significant and $4 as of December 31, 2019 and were included in accounts payable and accrued liabilities.