NOTE 8 - INCOME TAXES
As of December 31, 2017, the Company had utilized all net operating loss carry forwards for income tax reporting purposes that were previously available to be offset against future taxable income through 2034. As of December 31, 2016, the Company had net operating loss carry forwards available of approximately $357,000. The net deferred tax liability as of December 31, 2017 and 2016 was $251,000 and $216,000, respectively, and is reflected in long-term liabilities in the accompanying balance sheets.
For the year ended December 31, 2016, the Company
recorded a change in the valuation allowance of $756,000, on the basis of management's reassessment of the amount of its deferred
tax assets that are more likely than not to be realized. As of each reporting date, management considers new evidence, both positive
and negative, that could affect its determination of the future realization of deferred tax assets. As of December 31, 2016, in
part because as of that date the Company had achieved two years of pretax income, management determined that there was sufficient
positive evidence to conclude that it is more likely than not that the deferred taxes are realizable. Management therefore reduced
the valuation allowance accordingly and the impact of the change is reflected in 2016 income.
The Company is subject to income taxes in the U.S. federal jurisdiction, various state jurisdictions and certain other jurisdictions. Tax regulations within each jurisdiction are subject to the interpretation of the relaxed tax laws and regulations and require significant judgement to apply. The Company is not subject to U.S. federal, state and local tax examinations by tax authorities for the years 2014 and prior.
If the Company were to subsequently record an unrecognized tax benefit, associated penalties and tax related interest expense would be recorded as a component of income tax expense.
The provision for income taxes for the years ended
December 31, 2017 and 2016 was calculated based on the estimated annual effective rate of 34% for both the full 2017 and 2016
calendar years, adjusted for an income tax benefit from the expected utilization of net operating loss carryforwards.
On December 22, 2017, President Trump signed into law the legislation generally known as Tax Cut and Jobs Act of 2017. The tax law includes significant changes to the U.S. corporate tax systems including a rate reduction from 35% to 21% beginning in January of 2018, a change in the treatment of foreign earnings going forward and a deemed repatriation transition tax. In accordance with ASC 740, the impact of a change in tax law is recorded in the period of enactment. During the fourth quarter of 2017, the Company recorded a non-cash, change in its net deferred income tax balances of approximately $120,000 related to the tax rate change. The Company estimates that its deemed repatriation liability will not be material due to its limited international operations.
The income tax provision for the years ended December
31, 2017 and 2016 consists of:
| 2017 | 2016 | |||||||
| Current: | ||||||||
| Federal | $ | 870,000 | $ | 51,000 | ||||
| State | 113,000 | - | ||||||
| Foreign | 11,694 | - | ||||||
| Deferred: | ||||||||
| Federal | 34,000 | 216,000 | ||||||
| State | 1,000 | |||||||
| Income Tax Provision | $ | 1,029,694 | $ | 267,000 | ||||
The provision for income taxes differ from the
amount computed using the federal US statutory income tax rate as follows:
| 2017 | 2016 | |||||||
| Provision at U.S. statutory rate | $ | 981,000 | $ | 1,050,000 | ||||
| State taxes, net of Federal benefit | 75,000 | - | ||||||
| Foreign taxes | 11,694 | - | ||||||
| Alternative minimum tax | - | 51,000 | ||||||
| Depreciation and amortization | (31,000 | ) | (37,000 | ) | ||||
| Accrued liabilities | 31,000 | 38,000 | ||||||
| Non-deductible stock-based compensation | 32,000 | 23,000 | ||||||
| Other differences | 50,000 | (102,000 | ) | |||||
| Impact of tax reform | (120,000 | ) | - | |||||
| Decrease in valuation allowance | - | (756,000 | ) | |||||
| Income tax provision | $ | 1,029,694 | $ | 267,000 | ||||
The tax effects of temporary differences and carry forwards that give rise to significant portions of deferred tax assets and liabilities consist of the following:
| 2017 | 2016 | |||||||
| Deferred tax assets: | ||||||||
| Net operating loss carryforward | $ | - | $ | 121,000 | ||||
| Liabilities and reserves | 88,000 | 88,000 | ||||||
| Property and equipment and inventory | 20,000 | 14,000 | ||||||
| Other | 1,000 | - | ||||||
| 109,000 | 223,000 | |||||||
| Deferred tax liabilities: | ||||||||
| Intangible assets | (360,000 | ) | (439,000 | ) | ||||
| (360,000 | ) | (439,000 | ) | |||||
| Net deferred tax assets and liabilities | $ | (251,000 | ) | $ | (216,000 | ) | ||