The components of income tax (benefit) expense are as follows (in thousands):
| |
|
Year Ended December 31,
|
|
|
|
|
2017
|
|
|
2016
|
|
|
Current
|
|
|
|
|
|
|
|
Federal
|
|
$
|
-
|
|
|
$
|
-
|
|
|
State and local
|
|
|
52
|
|
|
|
54
|
|
|
Total current
|
|
|
52
|
|
|
|
54
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred
|
|
|
|
|
|
|
|
|
|
Federal
|
|
$
|
(148
|
)
|
|
$
|
-
|
|
|
State and local
|
|
|
-
|
|
|
|
-
|
|
|
Total deferred
|
|
|
(148
|
)
|
|
|
-
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax (benefit) expense
|
|
$
|
(96
|
)
|
|
$
|
54
|
|
For the years ended December 31, 2017 and 2016, current income tax expense related to operations substantially represents minimum state income taxes. For the year ended December 31, 2017, deferred income tax benefit represents a reduction of the valuation allowance due to a change in tax law permitting alternative minimum tax credits to be refundable.
The difference between the benefit for income taxes computed at the statutory rate and the reported amount of tax expense (benefit) from operations is as follows:
| |
|
Year ended December 31,
|
|
| |
|
2017
|
|
|
2016
|
|
|
Federal income tax rate
|
|
|
(34.0
|
)%
|
|
|
(34.0
|
)%
|
|
State income tax (net of federal effect)
|
|
|
6.8
|
|
|
|
1.7
|
|
|
Change in valuation allowance
|
|
|
(251.5
|
)
|
|
|
34.3
|
|
|
Deferred tax asset write-down
|
|
|
73.2
|
|
|
|
-
|
|
|
Non-deductible expenses
|
|
|
0.6
|
|
|
|
0.6
|
|
|
Impact of tax law change
|
|
|
198
|
|
|
|
-
|
|
|
Effective tax rate
|
|
|
(6.9
|
)%
|
|
|
2.6
|
%
|
The deferred tax assets and liabilities are summarized as follows (in thousands):
| |
|
December 31,
|
|
| |
|
2017
|
|
|
2016
|
|
|
Deferred tax assets:
|
|
|
|
|
|
|
|
Net operating loss carryforwards
|
|
$
|
6,356
|
|
|
$
|
8,809
|
|
|
Equity-based compensation
|
|
|
107
|
|
|
|
1,275
|
|
|
Tax credit carryforwards
|
|
|
148
|
|
|
|
148
|
|
|
Accrued compensation
|
|
|
180
|
|
|
|
305
|
|
|
Accrued liabilities & other
|
|
|
157
|
|
|
|
105
|
|
|
Gross deferred tax assets
|
|
|
6,948
|
|
|
|
10,642
|
|
|
Less: valuation allowance
|
|
|
(6,365
|
)
|
|
|
(9,850
|
)
|
|
Deferred tax assets after valuation allowance
|
|
|
583
|
|
|
|
792
|
|
| |
|
|
|
|
|
|
|
|
|
Deferred tax liabilities:
|
|
|
|
|
|
|
|
|
|
Intangible assets
|
|
|
|
|
|
|
|
|
|
Other
|
|
|
(435
|
)
|
|
|
(784
|
)
|
|
Deferred tax liabilities
|
|
|
-
|
|
|
|
(8
|
)
|
|
Net Deferred tax assets
|
|
|
(435
|
)
|
|
|
(792
|
)
|
| |
|
$
|
148
|
|
|
$
|
-
|
|
The Tax Cuts and Jobs Act (the "Act") was enacted in December 2017. Among other things, the Act reduces the U.S. federal corporate tax rate from 35 percent to 21 percent, eliminates the alternative minimum tax (“AMT”) for corporations, and provides that AMT credit carryforwards are refundable over a period of time beginning with the Company’s 2018 tax year through 2021. The reduction of the corporate tax rate resulted in a write-down of the Company’s net deferred tax assets of approximately $2.7 million, and a corresponding write-down of the valuation allowance. The Company recognized a deferred income tax benefit of $148,000 for the year ended December 31, 2017 due to a reduction of the valuation allowance related to the AMT credit carryforward. As a result of the Act, the AMT credit carryforward is determined to be more likely than not to be realized.
A valuation allowance is provided when it is more likely than not that some portion of deferred tax assets will not be realized. The valuation allowance (decreased) increased by approximately $(3,485,000) and $712,000 respectively, during the years ended December 31, 2017 and 2016. The decrease in the valuation allowance during the year ended December 31, 2017 was mainly due to a change in the corporate income tax rate per the Act. The increase in the valuation allowance during the year ended December 31, 2016 was mainly due to an increase of the net operating loss carryforward and other deferred tax assets.
The Company files a consolidated federal tax return with its subsidiaries. As of December 31, 2017, the Company has a federal net operating loss carryforward of approximately $21.2 million, which expires from 2031 through 2037, and various state and local net operating loss carryforwards totaling approximately $19.6 (pre-apportioned) and $17.6 (post-apportioned) million, which expire between 2018 and 2037. Approximately $1.3 million of the federal net operating loss carryforward and $8.5 million of the state net operating loss carryforward were acquired from Winthrop. The acquired federal net operating loss carryforward is limited in its utilization by Section 382 of the Internal Revenue Code due to an ownership change.