Income Taxes
Income (loss) before income taxes consists of the following:
|
| | | | | | | | | | | | |
| | Years Ended October 31, |
| | 2017 | | 2016 | | 2015 |
Domestic | | $ | 4,251 |
| | $ | 3,917 |
| | $ | 17,063 |
|
Foreign | | 2,172 |
| | (5,400 | ) | | (6,448 | ) |
Total | | $ | 6,423 |
| | $ | (1,483 | ) | | $ | 10,615 |
|
The components of the provision (benefit) for income taxes from continuing operations were as follows:
|
| | | | | | | | | | | | | |
| | | Years Ended October 31, |
| | | 2017 | | 2016 | | 2015 |
Current: | | | | | | |
| Federal | | $ | 66 |
| | $ | (3,900 | ) | | $ | (545 | ) |
| State and local | | 386 |
| | 329 | | 384 |
| Foreign | | 2,494 |
| | 1,123 | | 608 |
| | | | | | | |
Total current | | 2,946 |
| | (2,448) | | 447 |
Deferred: | | |
| | |
| | |
| Federal | | 856 |
| | 3,289 |
| | 4,501 |
|
| State and local | | (329 | ) | | 156 |
| | 208 |
|
| Foreign | | 3,647 |
| | (6,149 | ) | | (446 | ) |
Total deferred | | 4,174 | | (2,704) | | 4,263 |
| Provision (benefit) | | $ | 7,120 |
| | $ | (5,152 | ) | | $ | 4,710 |
|
Net deferred income tax assets (liabilities) included in the consolidated balance sheet consist of the tax effects of temporary differences related to the following:
|
| | | | | | | | |
| | Years Ended October 31, |
| | 2017 | | 2016 |
Deferred tax assets: | | | |
| Accrued compensation and benefits | $ | 1,793 |
| | $ | 2,091 |
|
| Inventory | 1,721 |
| | 646 |
| State depreciation adjustments and loss carryforwards | 4,213 |
| | 2,664 |
| Pension obligations and post retirement benefits | 7,432 |
| | 10,229 |
| Foreign net operating loss | 8,851 |
| | 7,466 |
| Other accruals, reserves and tax credits | 3,070 |
| | 3,668 |
| Goodwill and intangible amortization | 6,269 | | 7,234 |
| Foreign currency translation | 30 | | 75 |
|
| Interest rate swap | 771 | | 1,922 |
|
Total deferred tax assets | 34,150 |
| | 35,995 |
|
Less: Valuation allowance | (9,401) |
| | (2,782) |
Net deferred tax assets | $ | 24,749 |
| | $ | 33,213 |
|
Deferred tax liabilities: | | | |
| Fixed assets | $ | (26,742 | ) | | $ | (26,800 | ) |
| Prepaid expenses and other | (835) |
| | (1,173) |
Net deferred tax (liability) asset | $ | (2,828 | ) | | $ | 5,240 |
|
| | | | |
Change in net deferred tax asset: | | | |
| Benefit (provision) for deferred taxes | $ | (4,174 | ) | | $ | 2,704 |
|
Unrecognized tax benefit adjustments | 453 |
| | (207 | ) |
Components of other comprehensive income: | | | |
| Pension and post retirement benefits | (3,001 | ) | | 2,986 |
|
| Velocys investment | (250) |
| | 58 |
| Interest rate swap | (1,151 | ) | | 111 |
|
| Other adjustments | 55 |
| | (27 | ) |
| Total change in net deferred tax asset | $ | (8,068 | ) | | $ | 5,625 |
|
As required by FASB ASC Topic 740, we recognize the financial statement benefit of a tax position only after determining that the relevant tax authority would more likely than not sustain the position. For tax positions meeting the more-likely-than-not threshold, the amount recognized in the financial statements is the largest benefit that has a greater than 50 percent likelihood of being realized upon ultimate settlement with the relevant tax authority.
Activities and balances of unrecognized tax benefits for 2017, 2016, and 2015 are summarized below:
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| | | | | | | | | | | |
| Years Ended October 31, |
| 2017 | | 2016 | | 2015 |
Balance at beginning of year | $ | 561 |
| | $ | 731 |
| | $ | 1,068 |
|
Additions based on tax positions related to the current year | 88 |
| | 48 |
| | 125 |
|
Additions for tax positions of prior years | 9 |
| | — |
| | 27 |
|
Reductions based on tax positions related to the current year | — |
| | — |
| | (39 | ) |
Reductions for tax positions of prior years | — |
| | (53 | ) | | — |
|
Reductions as result of lapse of applicable statute of limitations | (118 | ) | | (165 | ) | | (450 | ) |
Balance at end of year | $ | 540 |
| | $ | 561 |
| | $ | 731 |
|
The total amount of unrecognized tax benefits that, if recognized, would affect the effective rate was $355 at October 31, 2017 and $368 at October 31, 2016. We recognize interest accrued and penalties related to unrecognized tax benefits as part of income tax expense. We recognized $102 of benefit in 2017, $218 of benefit in 2016 and $163 of benefit in 2015 for interest and penalties. We had accrued $411 at October 31, 2017 and $513 at October 31, 2016 for the payment of interest and penalties.
We are subject to income taxes in the U.S. federal jurisdiction, and various state, local 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. With few exceptions, we are no longer subject to U.S. federal, state and local income tax examinations by tax authorities for the years ending prior to October 31, 2012 and no longer subject to non-U.S. income tax examinations for calendar years ending prior to December 31, 2010. We do not anticipate that within the next 12 months the total unrecognized tax benefits will significantly change due to the settlement of examinations and the expiration of statute of limitations.
During the third quarter of fiscal 2017, we established a full valuation allowance of $3,124 against deferred tax assets of the Mexican operations in Saltillo. The valuation allowance as of October 31, 2017 was $3,831.
A valuation allowance of $9,401 remains as of October 31, 2017 for deferred tax assets whose realization remains uncertain. The comparable amount of the valuation allowance at October 31, 2016 was $2,782. The net increase in the valuation allowance of $6,619 relates to an increase of $1,636 related to state operating loss carry forwards, an increase of $3,831 related to Mexican operating loss carry forwards and other deferred tax assets, an increase of $707 related to Netherlands operating loss carry forwards, an increase of $369 related to China operating loss carry forwards, an increase of $33 related to Hong Kong operating loss carry forwards, and an increase of $43 related to Swedish operating loss carry forwards.
We assess both negative and positive evidence when measuring the need for a valuation allowance. A valuation allowance has been established due to the uncertainty of realizing certain loss carry forwards, other deferred tax assets and foreign tax credits in the United States and various foreign jurisdictions. We believe the remaining deferred tax assets will be realizable based on projected book income, the reversals of existing taxable temporary differences and available tax planning strategies that would be implemented and generate ordinary income in the United States or foreign jurisdictions to recognize the deferred tax assets. We intend to maintain the valuation allowance against certain deferred tax assets until such time that sufficient positive evidence exists to support realization of the deferred tax assets. In the event we were to determine that it would be able to realize its deferred tax assets in the future in excess of their net recorded amount, an adjustment to the deferred tax assets would increase income in the period such determination was made. Likewise, should we determine that it would not be able to realize all or part of its net deferred tax assets in the future, an adjustment to the deferred tax assets would be charged to income in the period such determination was made.
A reconciliation of income tax expense / (benefit) from operations and the U.S. Federal statutory income tax expense were as follows:
|
| | | | | | | | | | | |
| Years Ended October 31, |
| 2017 | | 2016 | | 2015 |
Taxes at U.S. federal statutory rate | $ | 2,248 |
| | $ | (519 | ) | | $ | 3,715 |
|
State and local income taxes, net of federal benefit | (1,639 | ) | | 65 |
| | 499 |
|
Valuation allowance change | 5,749 |
| | (5,452 | ) | | 1,337 |
|
Domestic tax credits | (803 | ) | | (930 | ) | | (223 | ) |
Domestic production activities deduction | (455 | ) | | (391 | ) | | (340 | ) |
Foreign operations | 1,182 |
| | 2,240 |
| | 1,401 |
|
Adjustment of uncertain tax positions | (83 | ) | | (173 | ) | | (340 | ) |
Provision to return adjustment for tax law extensions subsequent to year-end | 285 |
| | 202 |
| | (1,380 | ) |
Other | 636 |
| | (194 | ) | | 41 |
|
Total income tax expense (benefit) | $ | 7,120 |
| | $ | (5,152 | ) | | $ | 4,710 |
|
At October 31, 2017, we had operating loss carry forwards of $103,689 in Sweden, Netherlands, China, Hong Kong, Mexico and certain U.S. states. The Swedish foreign operating loss carry forward benefit is $5,898 which can be carried forward indefinitely. There is a partial valuation allowance against it, in the amount of $43, for activities related to Shiloh Industries China Holding. The foreign operating loss carry forward benefit for the Netherlands is $742 and has a full valuation allowance against it. This benefit can be carried forward for nine years. The Chinese operating loss carry forward benefit is $742 and has a full valuation allowance against it. This benefit can be carried forward for five years. The Hong Kong operating loss carry forward benefit is $85 and has a full valuation allowance against it. This benefit can be carried forward indefinitely.
In addition, we had Mexican foreign operating loss carry forwards of approximately $1,384 as of October 31, 2017, which will expire between 2019 and 2026. A full valuation allowance was established against the Mexican operating loss carry forward benefit during the year.
Domestically, we had various state net operating loss carryforward benefits. As of October 31, 2017 and 2016, we had state net operating loss carry forward benefits of $3,711 and $2,138 with a valuation allowance of $3,711 and $2,075, respectively that will expire between 2018 and 2037. The table below summarizes the various country operating losses, credit carry forwards and associated valuation allowances as of October 31, 2017 and 2016:
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| | | | | | | | | | | | | | | | | | | | | | | | |
| | October 31, 2017 | | October 31, 2016 |
Jurisdiction | | Gross NOL Carryforward | | NOL Tax Effected | | Valuation Allowance | | Gross NOL Carryforward | | NOL Tax Effected | | Valuation Allowance |
Netherlands | | $ | 3,711 |
| | $ | 742 |
| | $ | 742 |
| | $ | 174 |
| | $ | 35 |
| | $ | 35 |
|
Sweden | | 26,811 | | 5,898 | | 43 |
| | 27,271 |
| | 6,000 |
| | — |
|
China | | 2,968 |
| | 742 |
| | 742 |
| | 1,494 |
| | 373 |
| | 373 |
|
Hong Kong | | 338 |
| | 85 |
| | 85 |
| | 206 |
| | 51 |
| | 51 |
|
Mexico | | 4,614 |
| | 1,384 |
| | 1,384 |
| | 3,358 |
| | 1,007 |
| | — |
|
U.S. (State) | | 65,247 | | 3,711 | | 3,711 | | 39,331 | | 2,138 |
| | 2,075 |
|
Total before Foreign Tax Credit | | $ | 103,689 |
| | $ | 12,562 |
| | $ | 6,707 |
| | $ | 71,834 |
| | $ | 9,604 |
| | $ | 2,534 |
|
| | | | | | | | | | | | |
U.S. Federal (Foreign Tax Credit) | | — |
| | — |
| | 248 |
| | — |
| | — |
| | 248 |
|
Total | | $ | 103,689 |
| | $ | 12,562 |
| | $ | 6,955 |
| | $ | 71,834 |
| | $ | 9,604 |
| | $ | 2,782 |
|
We paid income taxes, net of refunds, of $1,780 in 2017 and had a net income tax refund of $5,855 in 2016. U.S. income taxes and foreign withholding taxes are not provided on undistributed earnings of foreign subsidiaries because such earnings are permanently reinvested in the operations. As of October 31, 2017, there was approximately $19,282 of undistributed foreign subsidiary earnings. The income tax liability that would result had such earnings been repatriated is estimated at $6,749.
On December 22, 2017, President Trump signed U.S. tax reform legislation. Given this date of enactment, our financial statements for the year ended October 31, 2017 do not reflect the impact of this legislation. We are currently undergoing an analysis of the tax reform law and its impact to the financial statements and tax footnote disclosures. We are also evaluating if the tax reform law will impact the realizability of deferred tax assets and carryforwards. A more detailed analysis will be completed in our quarterly report for the period in which the law was enacted.