The provision for income taxes for the fiscal years ended
August
31,
2017
and
2016
consists of the following:
| | | Fiscal Year Ended August 31, |
| | | 2017 | | 2016 |
| Current: | | | | | | | | |
| Federal | | $ | — | | | $ | — | |
| State | | | 62,000 | | | | 20,000 | |
| Foreign | | | 754,000 | | | | 647,000 | |
| | | | 816,000 | | | | 667,000 | |
| Deferred: | | | | | | | | |
| Federal | | | (135,000 | ) | | | 6,000 | |
| State | | | (9,000 | ) | | | — | |
| Foreign | | | 28,000 | | | | (47,000 | ) |
| | | | (116,000 | ) | | | (41,000 | ) |
| | | $ | 700,000 | | | $ | 626,000 | |
Reconciliations of the expected federal income tax at the statutory rate with the provisions for income taxes for the fiscal years ended
August 31, 2017
and
2016
are as follows:
| | | Fiscal Year Ended August 31, |
| | | 2017 | | 2016 |
| Tax computed at statutory rates | | $ | 1,591,000 | | | $ | (195,000 | ) |
| State income tax, net of federal benefit | | | 53,000 | | | | 20,000 | |
| Tax effect on equity in income of international joint ventures | | | (1,998,000 | ) | | | (956,000 | ) |
| Tax effect on dividends received from joint ventures and investment at carrying value | | | 3,159,000 | | | | 2,681,000 | |
| Tax effect of foreign operations | | | 841,000 | | | | 997,000 | |
| Foreign tax credit | | | (3,680,000 | ) | | | (3,178,000 | ) |
| Research and development credit | | | (212,000 | ) | | | (408,000 | ) |
| Valuation allowance | | | 989,000 | | | | 1,620,000 | |
| Stock based compensation | | | 81,000 | | | | 90,000 | |
| Non-controlling interest | | | (143,000 | ) | | | (148,000 | ) |
| Other | | | 19,000 | | | | 103,000 | |
| | | $ | 700,000 | | | $ | 626,000 | |
The Company has
not
provided U.S. income taxes or foreign withholding taxes with respect to its portion of the cumulative undistributed earnings of foreign joint ventures that are essentially permanent in duration. The Company’s portion of the cumulative undistributed earnings of foreign joint ventures that are essentially permanent in duration were
$17,960,860
and
$17,779,912
as of
August 31, 2017
and
2016,
respectively. During fiscal
2016,
the Company recorded deferred income tax expense of
$3,000
representing foreign withholding taxes to be paid with respect to the portion of the cumulative undistributed earnings of foreign joint ventures that it determined were
not
essentially permanent in duration. If some or all of the undistributed earnings of the joint ventures are remitted to the Company in the future, income taxes, if any, after the application of foreign tax credits will be provided at that time. To the extent undistributed earnings of the Company’s joint ventures are distributed in the future, it is
not
expected to result in any material additional U.S. income tax liability after the application of foreign tax credits.
The tax effect of the temporary differences and tax carryforwards comprising the net deferred taxes shown on the consolidated balance sheets as of
August
31,
2017
and
2016
are as follows:
| | | August 31, |
| | | 2017 | | 2016 |
| Accrued compensation | | $ | 310,300 | | | $ | 150,600 | |
| Inventory costs | | | 87,000 | | | | 95,300 | |
| Accrued joint venture expenses | | | 15,200 | | | | 54,200 | |
| Other accrued expenses | | | 74,000 | | | | 87,000 | |
| Goodwill and other intangible assets | | | 1,317,700 | | | | 1,332,000 | |
| Stock-based compensation | | | 241,600 | | | | 210,600 | |
| Foreign tax credit carryforward | | | 6,105,700 | | | | 5,679,000 | |
| Other credit and loss carryforwards | | | 3,473,100 | | | | 3,214,300 | |
| Total deferred tax assets | | | 11,624,600 | | | | 10,823,000 | |
| Valuation allowance | | | (9,578,700 | ) | | | (8,893,300 | ) |
| Total deferred tax assets after valuation allowance | | | 2,045,900 | | | | 1,929,700 | |
| Property and equipment | | | (206,000 | ) | | | (215,600 | ) |
| Other | | | (83,300 | ) | | | (74,300 | ) |
| Total deferred tax liabilities | | | (289,300 | ) | | | (289,900 | ) |
| Net deferred tax assets | | $ | 1,756,600 | | | $ | 1,639,800 | |
As of
August 31, 2017
the Company had foreign tax credit carryforwards of approximately
$6,105,700
which will begin to expire if
not
utilized prior to
August 31, 2021.
In addition, the Company had federal and state tax credit carryforwards of
$2,855,100
as of
August 31, 2017
which begin to expire in fiscal
2019.
These federal and state tax credit carryforwards consist primarily of federal and Minnesota research and development credit carryforwards. The Company also has foreign net operating loss carryforwards of
$618,000
as of
August 31, 2017
which begin to expire in fiscal
2020.
As of
August 31, 2017,
the Company has recorded a valuation allowance of
$6,105,700
with respect to the foreign tax credit carryforwards. In addition, the Company has recorded a valuation allowance of
$2,855,100
with respect to federal and state tax credit carryforwards, and has recorded a valuation allowance of
$618,000
with respect to the foreign net operating loss carryforwards.
As of
August 31, 2016,
the Company had recorded a valuation allowance of
$5,679,000
with respect to the foreign tax credit carryforwards. In addition, the Company had recorded a valuation allowance of
$2,643,300
with respect to federal and state tax credit carryforwards, and had recorded a valuation allowance of
$571,000
with respect to the foreign net operating loss carryforwards.
The Company records a tax valuation allowance to reduce deferred tax assets to the amount expected to be realized when it is more likely than
not
that some portion or all of its deferred tax assets will
not
be realized. The Company determined based on all available evidence, including historical data and projections of future results, that it is more likely than
not
that all of its deferred tax assets, except for its foreign tax credit carryforward, federal and Minnesota research and development credit carryforwards, and foreign net operating loss carryforwards will be fully realized. The Company determined that its deferred tax asset related to foreign tax credit carryforwards will
not
be realized due to insufficient federal taxable income within the carryforward period and the fact that for ordering purposes the foreign tax credit carryforwards are
not
allowed to be utilized until after any current year foreign tax credits are utilized. In addition, based on historical data and future projections, the Company determined that it is more likely than
not
that its deferred tax asset related to federal and Minnesota research and development credit carryforwards will
not
be realized due to insufficient federal and Minnesota taxable income within the carryforward period after considering the foreign tax credit usage. The Company determined that its deferred tax asset related to foreign net operating loss carryforwards will
not
be utilized due to insufficient taxable income within the carryforward period.
The following is a tabular reconciliation of the total amounts of unrecognized tax benefits:
| | | Fiscal Year Ended August 31, |
| | | 2017 | | 2016 |
| Gross unrecognized tax benefits – beginning balance | | $ | 238,000 | | | $ | 203,000 | |
| Gross increases (decreases) - prior period tax positions | | | (4,000 | ) | | | 15,000 | |
| Gross increases – current period tax positions | | | 16,000 | | | | 20,000 | |
| Gross unrecognized tax benefits – ending balance | | $ | 250,000 | | | $ | 238,000 | |
The entire amount of unrecognized tax benefits would affect the effective tax rate. It is
not
expected that the amount of unrecognized tax benefits will change significantly in the next
12
months.
The Company recognizes interest and penalties related to unrecognized tax benefits as a component of the Company’s income tax provision. Accrued interest and penalties are included within the related tax liability line in the consolidated balance sheet. There was
liability for the payment of interest and penalties as of both
August 31, 2017
and
August 31, 2016.
The Company is subject to taxation in the United States and various states and foreign jurisdictions. With few exceptions, as of
August 31, 2017,
the Company is
no
longer subject to federal, state, local, or foreign examinations by tax authorities for years prior to
August 31, 2014.