Entity information:
Note 9: Income Taxes
 
The components of income tax expense consist of the following:
 
  
Twelve months ended
December 31, 2017
  
Twelve months ended
December 31, 2016
 
       
Income tax provision:
      
Current:
      
Federal and state
 
$
13,000
  
$
91,000
 
Foreign
  
118,000
   
49,000
 
         
Deferred:
        
Federal and state
  
-
   
-
 
Foreign
  
7,000
   
5,000
 
         
Total income tax expense
 
$
138,000
  
$
145,000
 
 
Actual income tax expense differs from statutory federal income tax benefit for the period presented is as follows:
 
  
Twelve months ended
December 31, 2017
  
Twelve months ended
December 31, 2016
 
       
Statutory federal income tax benefit
 
$
(246,000
)
 
$
(7,462,000
)
State tax benefit, net of federal taxes
  
13,000
   
(55,000
)
Foreign tax
  
(82,000
)
  
(39,000
)
Nondeductible expenses - debt forgiveness
  
-
   
5,575,000
 
Nondeductible expenses – other
  
130,000
   
163,000
 
Subpart F Income
  
-
   
51,000
 
Valuation allowance (decrease)
  
(2,795,000
)
  
(7,334,000
)
Stock compensation shortfall  (windfall)
  
(94,000
)
  
96,000
 
Stock compensation true-up and expirations
  
10,000
   
958,000
 
NOL expiration and true-up
  
204,000
   
8,110,000
 
Deferral rate change
  
3,313,000
   
-
 
True-up of undistributed foreign earnings
  
(317,000
)
  
-
 
Other
  
2,000
   
80,000
 
         
Total income tax expense
 
$
138,000
  
$
143,000
 

Deferred tax assets (liabilities) consist of approximately the following:
 
  
December 31, 2017
  
December 31, 2016
 
       
Fixed assets
 
$
29,000
  
$
(51,000
)
Intangible assets
  
(1,806,000
)
  
(3,479,000
)
Equity method investment
  
33,000
   
-
 
Pension liability
  
69,000
   
76,000
 
Stock based compensation
  
446,000
   
535,000
 
Inventory
  
128,000
   
483,000
 
Other reserves and accruals
  
524,000
   
778,000
 
Deferred rent
  
165,000
   
250,000
 
Undistributed foreign earnings
  
-
   
(504,000
)
Foreign tax credits
  
68,000
   
68,000
 
Credit carryforwards
  
88,000
   
72,000
 
Net operating losses
  
7,000,000
   
11,230,000
 
Customer relations intangible
  
(44,000
)
  
-
 
   
6,700,000
   
9,458,000
 
Less valuation allowance
  
(6,587,000
)
  
(9,382,000
)
  
$
113,000
  
$
76,000
 
 
At December 31, 2017, we had U.S. net operating loss (NOL) carryforwards of approximately $117.2 million for U.S. income tax purposes before any Section 382 limitations, The NOLs expire in years 2020 through 2035.  U.S. net operating loss carryforwards cannot be used to offset taxable income in foreign jurisdictions.  In addition, future utilization of NOL carryforwards is subject to certain limitations under Section 382 of the Internal Revenue Code. This section generally relates to a 50 percent change in ownership of a company over a three-year period. Of the $117.2 million of NOLs for U.S. income tax purposes, $88.2 million are expected to expire unutilized. Of the $117.2 million of NOLs for U.S. income tax purposes, $29 million are recorded as gross deferred tax assets.

We provide for a valuation allowance when it is more likely than not that we will not realize a portion of the deferred tax assets.  We have established a valuation allowance for U.S. deferred tax assets due to the uncertainty that enough taxable income will be generated in the taxing jurisdictions to utilize the assets with the exception of the refundable AMT credit carryforward.  Therefore, we have only reflected the benefit of such deferred tax assets in the accompanying consolidated financial statements.  The deferred tax asset decreased by approximately $2,758,000 and $7,395,000 in the years ending December 31, 2017 and 2016, respectively.  The valuation allowance increased by approximately $2,795,000 in the year ending December 31, 2017, and decreased by approximately $7,335,000 in the year ending December 31, 2016.

We reviewed all income tax positions taken or that we expect to be taken for all open years and determined that our income tax positions are appropriately stated and supported for all open years.

Under our accounting policies, we recognize interest and penalties on unrecognized tax benefits as well as interest received from favorable tax settlements within income tax expense.  As of December 31, 2017, and 2016, we recorded no accrued interest or penalties related to uncertain tax positions.

We have provided for U.S. deferred income taxes as of December 31, 2017 for the undistributed earnings from our non-U.S. subsidiaries.

We are subject to taxation in the United States and various states and foreign jurisdictions. As of December 31, 2017, tax years for March 31, 2015 through December 31, 2017 are subject to examination by the tax authorities. With few exceptions, as of December 31, 2017, we are no longer subject to U.S. federal or state, examinations by tax authorities for years beginning before April 1, 2014. In addition, we are subject to examination by UK and Netherlands taxing authorities for which the fiscal years 2011 - 2017 and 2012-2017, respectively remain open for examination.

On December 22, 2017, the U.S. Tax Cuts and Jobs Act ("TCJA") was signed into law. U.S. GAAP requires that the impact of tax legislation be recognized in the period in which the law was enacted. The Tax Act significantly revised the U.S. corporate income tax regime by, among other things, lowering the U.S. corporate tax rate from 35% to 21% effective for tax years starting after December 31, 2017, implementing a hybrid territorial tax system, repealing AMT and making pre-2018 credits refundable, and imposing a repatriation tax on deemed repatriated earnings of foreign subsidiaries. As a result, we recorded tax expense of $3.31M in the fourth quarter as a result of revaluation of the deferred tax assets due to the corporate tax rate change from 35% to 21% starting in 2018. The tax expense was directly offset by a change in the valuation allowance except for $70,000 that was not offset. The Company has $68,000 of AMT credit carryforwards that are expected to be fully utilized due to the credit now being refundable under the TCJA.   The Company calculated a deemed repatriation income amount due to the change to a territorial tax system under the TCJA.  This income can be fully offset with NOLs.  The corresponding deferred tax liability associated with it was reversed. The amounts incorporate assumptions made based upon the Company's current interpretation of the Tax Act and may change as the Company receives additional clarification and implementation guidance.
 
In December 2017, the Securities and Exchange Commission issued Staff Accounting Bulletin ("SAB") 118 to provide guidance for companies that allows for a measurement period of up to one year after the enactment date of the Tax Act to finalize the recording of the related tax impacts under ASC 740. In accordance with SAB 118, a company must reflect the income tax effect of those aspects of the Tax Act for which the accounting under ASC 740 is complete. To the extent that a company's accounting for certain income tax effects of the Tax Act is incomplete but it is able to determine a reasonable estimate, the company must record a provisional estimate in the financial statements.

We are still analyzing certain aspects of the Tax Act which could potentially affect the measurement of our deferred tax balances and cause us to revise our estimate in future periods in accordance with SAB 118. These impacts may be material, due to, among other things, further refinement of our calculations, changes in interpretations of the Tax Act, or issuance of additional guidance by the relevant tax authorities.