Entity information:
8.
INCOME TAXES
 
The provision for income taxes associated with the Company was comprised of the following (in thousands):
 
   
Year Ended
 
   
December 31,
2017
   
December 30,
2016
 
Current tax expense
  $
25
    $
 
Deferred tax benefit
   
(2,743
)    
(13,997
)
Change in valuation allowance
   
2,743
 
   
13,997
 
Total provision for income taxes
  $
25
    $
 
 
The provision for income taxes differs from the United States statutory rate as a result of the following (in thousands):
 
 
   
At
 
   
December 31,
2017
   
December 30,
2016
 
Tax benefit at U.S. statutory rate
  $
(15,155
)
  $
(13,117
)
State taxes, net of federal benefit
   
(822
)
   
(1,146
)
Impact of tax reform rate change
   
11,696
     
 
Other
   
1,562
     
266
 
Valuation allowance – tax reform rate change
   
(11,696
)
   
 
Valuation allowance – other changes
   
14,440
     
13,997
 
Total provision for income taxes
  $
25
    $
 
 
Deferred tax assets (liabilities) consist of the following (in thousands):
 
 
   
Year Ended
 
   
December 31,
2017
   
December 30,
2016
 
Net operating loss carryforwards
  $
16,834
    $
10,998
 
Research and development tax credits
   
420
     
 
Property, plant and equipment
   
127
     
637
 
Intangible assets
   
3,281
     
5,603
 
Accruals
   
503
     
415
 
Other
   
861
     
1,629
 
Gross deferred tax assets
   
22,026
     
19,282
 
Less valuation allowance
   
(22,026
)
   
(19,282
)
Net deferred tax assets
   
     
 
                 
Net deferred tax asset (liability)
  $
    $
 
 
Deferred income tax assets or liabilities reflect temporary differences between amounts of assets and liabilities, including net operating loss (“
NOL”) carryforwards, for financial and tax reporting. A valuation allowance is provided on deferred tax assets if it is determined that it is more likely than
not
that the asset will
not
be realized.
 
On
December 22, 2017,
the President of the United States signed into law the Tax Cuts and Jobs Act (“The Act”). This legislation makes significant changes in U.S. tax law including a reduction in the corporate tax rates, changes to net operating loss carryforwards
and carrybacks, and a repeal of the corporate alternative minimum tax. The legislation reduced the U.S. corporate tax rate from the current maximum rate of
35%
to
21%
for tax years beginning after
December 31, 2017.
As a result of the enacted law, the Company was required to revalue deferred tax assets and liabilities and the valuation allowance existing as of
December 31 2017
from the
34%
federal rate for Nuvectra in effect through the end of
2017,
to the new
21%
statutory federal rate. As a result of the change in law, the Company recorded a decrease in its deferred tax assets of 
$11.7
million and a corresponding decrease in its valuation allowance.
 
The Company has approximately
$72.2
million in federal and
$29.0
million in state net oper
ating losses that could be used to offset taxable income in future periods and reduce its income taxes payable in those future periods. In addition, the Company has approximately
$560
thousand of federal research and development tax credit carryforwards. Many of these net operating loss carryforwards and the federal research and development tax credits will expire if they are
not
used within certain periods.
 
The Company considers all available positive and negative evidence, including the Company
’s current and past performance, the market environment in which the Company operates, the utilization of past tax credits, length of carry back and carry forward periods, existing contracts or sales backlog that will result in future profits, as well as other factors, to determine whether, based on the weight of that evidence, a valuation allowance is needed for some portion or all of a net deferred income tax asset. Judgment is used in considering the relative impact of negative and positive evidence. In arriving at these judgments, the weight given to the potential effect of negative and positive evidence is commensurate with the extent to which such evidence can be objectively verified. In evaluating the objective evidence and the need for a valuation allowance, the Company considered the past
three
years of cumulative operating losses.
 
Based on an assessment of the available positive and negative evidence, including the historical operating losses, the Company has concluded that it is more likely than
not
that the net deferred tax assets will
not
be realized.
As such, the Company has provided a full valuation allowance on the net deferred income tax assets as of
December 31, 2017
and
December 30, 2016.
Until an appropriate level of profitability is sustained, the Company expects to continue to record a full valuation allowance on future tax benefits.
 
At
December
 
31,
2017,
the gross amount of unrecognized tax benefits was
140
 thousand, this amount would
not
impact our effective tax rate, if recognized due to the full valuation allowance on our deferred tax assets. Under ASC
740
-
10
-
45
-
10A,
the unrecognized tax benefit is presented in the financial statements as a reduction to a deferred tax asset and
no
liability is recorded. We classify interest and penalties as a component of income tax expense.
 As of
December 31, 2017
and
December 30, 2016,
the Company has
not
accrued any interest and penalties.
 
A reconciliation of the beginning and ending amounts of unrecognized tax
benefits is as follows (in thousands):
 
   
December 31,
2017
 
Balance at beginning of fiscal year
  $
 
Gross amount of increases for current year tax positions
   
140
 
Balance at ending of fiscal year
  $
140
 
 
The Company files annual income tax returns in the United States and various state and local jurisdictions. There are currently
no
examinations in process. 
Generally, the Company is
no
longer subject to examination for years before
2014.
 
Pursuant to the terms of the tax matters agreement with Integer, for a period of
two
years follow
ing the date of the spin-off, the Company will be prohibited from (i) causing or permitting to occur any transaction or series of transactions, subject to certain exceptions provided under the U.S. federal income tax rules, in connection with which
one
or more persons would (directly or indirectly) acquire an interest in its capital stock that, when combined with any other acquisition of an interest in its capital stock that occurs after the spin-off, comprises
30%
or more of the value or the total combined voting power of all interests that are treated as outstanding equity of Nuvectra for U.S. federal income tax purposes immediately after such transaction or, in the case of a series of related transactions, immediately after any transaction in such series; (ii) transferring, selling or otherwise disposing of
35%
or more of its gross assets if such transfer, sale or other disposition would violate the IRS’ rules and regulations; (iii) liquidating its business or (iv) ceasing to maintain its active business. If the Company takes any of these actions and such actions result in tax-related costs for Integer, then the Company would generally be required to indemnify Integer for such costs. On
March 14, 2018
we will
no
longer be prohibited under the terms of the tax matters agreement with Integer from raising additional funds.