The Company’s income tax provision for the years ended
December 31, 2017,
2016
and
2015
consists of the following (in thousands):
| | | Years Ended December 31, |
| | | 2017 | | 2016 | | 2015 |
| Current | | | | | | | | | | | | |
| Federal | | $ | 3,117 | | | $ | 3,120 | | | $ | 3,131 | |
| State | | | 551 | | | | 651 | | | | 580 | |
| | | | 3,668 | | | | 3,771 | | | | 3,711 | |
| Deferred | | | | | | | | | | | | |
| Federal | | | (1,091 | ) | | | 546 | | | | 508 | |
| State | | | 72 | | | | 30 | | | | (71 | ) |
| | | | (1,019 | ) | | | 576 | | | | 437 | |
| | | | | | | | | | | | | |
| Total income tax provision | | $ | 2,649 | | | $ | 4,347 | | | $ | 4,148 | |
The approximate tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities are as follows (in thousands):
| | | December 31, |
| | | 2017 | | 2016 |
| Deferred tax assets: | | | | | | | | |
| Reserves | | $ | 398 | | | $ | 531 | |
| Inventory capitalization | | | 228 | | | | 427 | |
| Compensation programs | | | 394 | | | | 578 | |
| Retirement liability | | | 7 | | | | 19 | |
| Equity-based compensation | | | 158 | | | | 257 | |
| Net operating loss carryforwards | | | - | | | | 40 | |
| Deferred rent | | | 6 | | | | 7 | |
| Intangible assets | | | 274 | | | | 340 | |
| Total deferred tax assets | | | 1,465 | | | | 2,199 | |
| Deferred tax liabilities: | | | | | | | | |
| Excess of book over tax basis of fixed assets | | | (3,305 | ) | | | (4,767 | ) |
| Goodwill | | | (600 | ) | | | (891 | ) |
| Total deferred tax liabilities | | | (3,905 | ) | | | (5,658 | ) |
| Net long-term deferred tax liabilities | | $ | (2,440 | ) | | $ | (3,459 | ) |
The amounts recorded as deferred tax assets as of
December 31, 2017
and
2016,
represent the amount of tax benefits of existing deductible temporary differences or carryforwards that are more likely than
not
to be realized through the generation of sufficient future taxable income within the carryforward period. The Company has total deferred tax assets of
$1.5
million at
December 31, 2017,
that it believes are more likely than
not
to be realized in the carryforward period. Management reviews the recoverability of deferred tax assets during each reporting period.
The actual tax provision for the years presented differs from the “expected” tax provision for those years, computed by applying the U.S. federal corporate rate of
34.0%
to income before income tax expense as follows:
| | | Years Ended December 31, |
| | | 2017 | | 2016 | | 2015 |
| Computed “expected” tax rate | | | 34.0 | % | | | 34.0 | % | | | 34.0 | % |
| Increase (decrease) in income taxes resulting from: | | | | | | | | | | | | |
| State taxes, net of federal tax benefit | | | 3.5 | | | | 3.7 | | | | 2.3 | |
| Meals and entertainment | | | 0.3 | | | | 0.2 | | | | 0.3 | |
| R&D credits | | | (0.6 | ) | | | (0.6 | ) | | | (0.8 | ) |
| Domestic production deduction | | | (2.6 | ) | | | (2.5 | ) | | | (2.5 | ) |
| Non-deductible ISO stock option expense | | | 0.1 | | | | 0.3 | | | | 0.4 | |
| Unrecognized tax benefits | | | - | | | | (0.1 | ) | | | - | |
| Excess tax benefits on equity awards | | | (1.4 | ) | | | - | | | | - | |
| Impact on deferred taxes of new legislation | | | (11.1 | ) | | | - | | | | - | |
| Other | | | 0.1 | | | | 0.3 | | | | 1.6 | |
| Effective tax rate | | | 22.3 | % | | | 35.3 | % | | | 35.3 | % |
On
December 22, 2017,
the United States enacted tax reform legislation commonly known as the Tax Cuts and Jobs Act (the
“2017
Tax Act”), resulting in significant modifications to existing law. Our financial statements for the year ended
December 31, 2017,
reflect certain effects of the
2017
Tax Act in the
fourth
quarter of
2017,
the period in which the legislation was enacted, which includes a reduction in the corporate tax rate from
35%
to
21%.
The interpretations of many provisions of the
2017
Tax Act are still unclear. We cannot predict when or to what extent any U.S. federal tax laws, regulations, interpretations, or rulings clarifying the
2017
Tax Act will be issued or the impact of any such guidance on us. It is also unclear how many U.S. states, if any, will incorporate these federal law changes, or portions thereof, into their tax codes. Any subsequent changes to state tax laws
may
impact our financial condition. Consistent with Staff Accounting Bulletin (“SAB”)
No.
118
issued by the Securities and Exchange Commission (“SEC”), which provides for a measurement period of
one
year from the enactment date to finalize the accounting for effects of the
2017
Tax Act, the Company provisionally recorded an income tax benefit of
$1.5
million related to the
2017
Tax Act, including remeasurement of its deferred tax assets and liabilities, and executive compensation limitations under Internal Revenue Code Section
162
(m), among others. The Internal Revenue Service is expected to issue additional guidance clarifying provisions of the Act. As additional guidance is issued,
one
or more of the provisional amounts
may
change. In accordance with SEC guidance, provisional amounts
may
be refined as a result of additional guidance from, and interpretations by, U.S. regulatory and standard-setting bodies, and changes in assumptions. In the subsequent period, provisional amounts will be adjusted for the effects, if any, of interpretative guidance issued after
December 31, 2017,
by the U.S. Department of the Treasury.
The Company files income tax returns in the U.S. federal jurisdiction and various state jurisdictions. The Company has
not
been audited by any state for income taxes with the exception of returns filed in Michigan which have been audited through
2004,
income tax returns filed in Massachusetts which have been audited through
2007,
income tax returns filed in Florida which have been audited through
2009,
income tax returns filed in New Jersey which have been audited through
2012,
and income tax returns in Colorado which have been audited through
2013.
Federal and state tax returns for the years
through
remain open to examination by the IRS and various state jurisdictions.
A reconciliation of the beginning and ending amount of gross unrecognized tax benefits (“UTB”) resulting from uncertain tax positions is as follows (in thousands):
| | | December 31, |
| | | 2017 | | 2016 |
| Gross UTB balance at beginning of fiscal year | | $ | 150 | | | $ | 162 | |
| Reductions for tax positions of prior years | | | - | | | | (12 | ) |
| Gross UTB balance at end of fiscal year | | $ | 150 | | | $ | 150 | |
The total amount of unrecognized tax benefits that, if recognized, would affect the effective tax rate as of
December 31, 2017
and
2016
is
$150,000
and
$150,000,
respectively.
In addition, the total amount of accrued interest and penalties on uncertain tax positions at
December
31,
2017
and
2016
is
$153,000
and
$153,000,
respectively.
At
December 31, 2017,
all of the unrecognized tax benefits relate to tax returns of a specific state jurisdiction that are currently under examination. Accordingly, the Company expects a reduction of this amount in
2018,
as the examination is expected to close within the next
12
-months.