Entity information:
(
7
)
Income Taxes
 
For
the years ended
December 31, 2017,
2016,
and
2015,
income before income taxes consists of the following:
 
   
201
7
   
20
16
   
201
5
 
   
(In thousands)
 
U.S. Operations
  $
32,750
    $
29,848
    $
25,536
 
Foreign Operations
   
1,533
     
1,508
     
1,824
 
Income before income taxes
  $
34,283
    $
31,356
    $
27,360
 
 
Income tax expense consisted of the following components
:
 
    201
7
    201
6
    201
5
 
    (In thousands)  
Federal
:
                       
Current
  $
10,947
    $
8,930
    $
9,955
 
Deferred
   
(1,596
)    
847
     
(1,232
)
Total
  $
9,351
    $
9,777
    $
8,723
 
                         
Foreign
:
                       
Current
  $
387
    $
409
    $
455
 
Deferred
   
704
     
(18
)    
(23
)
Total
  $
1,091
    $
391
    $
432
 
                         
State
:
                       
Current
  $
837
    $
634
    $
680
 
Deferred
   
61
     
36
     
(85
)
Total
  $
898
    $
670
    $
595
 
                         
Total
  $
11,340
    $
10,838
    $
9,750
 
 
Federal Tax Reform
 
On
December 22, 2017,
the Tax Cut and Jobs Act (the “Tax Act”)
was enacted which, among other changes, reduces the U.S. federal corporate tax rate from
35%
to
21%
effective
January 1, 2018.
The Tax Act makes broad and complex changes to the U.S. tax code and it will take time to fully analyze the impact of the changes. Based on the information available, and the current interpretation of the Tax Act, the Company was able to make a reasonable estimate and recorded a provisional net tax benefit related to the remeasurement of the deferred tax assets and liabilities due to the reduction in the U.S. federal corporate tax rate, offset by the
one
-time mandatory deemed repatriation tax, payable over
eight
years. Pursuant to the Staff Accounting Bulletin published by the United States Securities and Exchange Commission on
December 22, 2017,
addressing the challenges in accounting for the effects of the Tax Act in the period of enactment, companies must report provisional amounts for those specific income tax effects of the Tax Act for which the accounting is incomplete but a reasonable estimate can be determined. Those provisional amounts will be subject to adjustment during a measurement period of up to
one
year from the enactment date. Pursuant to this guidance, the estimated impact of the Tax Act is based on a preliminary review of the new tax law and projected future financial results and is subject to revision based upon further analysis and interpretation of the Tax Act and to the extent that future results differ from currently available projections. The Company’s accounting for the following elements of the Tax Act is incomplete. However, the Company was able to make reasonable estimates and recorded a provisional net tax benefit of
$1.9
million related to the following elements of the Tax Act pursuant to the Staff Accounting Bulletin referred to above:
 
 
Reduction of U.S. Federal Corporate Tax Rate: The Tax Act reduces the corporate tax rate to
21%,
effective
January 1, 2018.
Consequently, we have recorded a decrease related to deferred tax assets and liabilities with a corresponding net adjustment to deferred income tax benefit for the year ended
December 31, 2017.
Since the Company has recorded provisional amounts related to certain portions of the Tax Act, any corresponding deferred tax remeasurement is also provisional.
For example, the Tax Act had several changes that were depreciation related.  The primary change for the Company would be the availability of
100%
bonus depreciation on assets placed in service after
September 27, 2017.
The Company is still evaluating which assets meet the requirements of this and therefore,
no
adjustments have been recorded related to this portion of the Tax Act as of
December 31, 2017.
In addition, under the Tax Act, expense under certain stock compensation plans
may
now be subject to limitations as to deductibility and the Company is still reviewing and analyzing each plan to determine the impact.
 
 
One-Time Mandatory Deemed Repatriation Tax: Under the Tax Act, the Company will be subject to a
one
-time mandatory deemed repatriation tax on accumulated non-U.S. earnings. The estimated impact of the Tax Act is based on a preliminary review of the new law.
Several estimates were used in these calculations and the Company is still finalizing the material inputs, therefore all repatriation adjustments are considered provisional. For example, the Company’s expected use of foreign tax credits and credit carryforwards
may
be impacted once the analysis is completed. Currently, the Company estimates that it will be unable to use approximately
$535,000
of foreign tax credit carryforwards and has provided a full valuation allowance against such amount.
 
 
 
Global Intangible Low-Taxed Income (
“GILTI”) Policy Election: The GILTI provisions of the Tax Act do
not
apply to the Company until
2018
and we are still evaluating its impact. The FASB allows companies to adopt an accounting policy to either recognize deferred taxes for GILTI or treat such tax cost as a current-period expense when incurred. We have
not
yet determined our accounting policy because determining the impact of the GILTI provisions requires analysis of our existing legal entity structure, the reversal of our U.S. generally accepted accounting principles and U.S. tax basis differences in the assets and liabilities of our foreign subsidiary, and our ability to offset any tax with foreign tax credits. As such, we have
not
made a policy decision regarding whether to record deferred taxes on GILTI or treat such tax cost as a current-period expense.
 

In addition, as a result of the Tax Act, the Company determined that it would
no
longer indefinitely reinvest the earnings of its Canadian subsidiary and recorded the withholding tax of
$706,000
associated with this planned repatriation.
 
The difference between the Company
’s income tax expense as reported in the accompanying consolidated financial statements and the income tax expense that would be calculated applying the U.S. federal income tax rate of
35%
for
2017,
2016,
and
2015
on pretax income was as follows:
 
   
20
17
   
20
16
   
20
15
 
   
(
In thousands)
 
Expected federal income taxes
  $
11,999
    $
10,975
    $
9,576
 
Foreign tax rate differential
   
(131
)    
(129
)    
(139
)
State income taxes, net of federal benefit and state tax credits
   
608
     
436
     
391
 
Federal tax
credits
   
(130
)    
(165
)    
(150
)
Uncertain tax positions
   
151
     
6
     
93
 
Nondeductible expenses related to
proposed recapitalization
   
504
     
--
     
--
 
Share based compensation
   
(1,564
)    
(441
)    
--
 
Compensation limit for covered employees
   
955
     
--
     
--
 
Impact of
2017 Tax Act
   
(2,415
)    
--
     
--
 
Valuation allowance
   
535
     
--
     
--
 
Withholding tax on repatriation
of foreign earnings
   
706
     
--
     
--
 
Other
   
122
     
156
     
(21
)
Total
  $
11,340
    $
10,838
    $
9,750
 
 
Deferred tax assets and liabilities at
December 31,
2017
and
2016,
were comprised of the following:
 
   
2017
   
2016
 
   
(In thousands)
 
Deferred tax assets:
               
Allowance for doubtful accounts
  $
46
    $
62
 
Accrued expenses
   
416
     
580
 
Share based compensation
   
1,457
     
2,357
 
Accrued bonuses
   
113
     
84
 
Foreign tax credit
from repatriation
   
535
     
--
 
Other
   
166
     
244
 
Gross deferred tax assets
   
2,733
     
3,327
 
Less Valuation Allowance
   
(535
)    
--
 
Deferred Tax Assets
   
2,198
     
3,327
 
Deferred tax liabilities:                
Prepaid expenses
   
169
     
270
 
Property and equipment
   
856
     
1,206
 
Intangible assets
   
4,497
     
6,521
 
Repatriation withholding
   
706
     
--
 
Deferred tax liabilities
   
6,228
     
7,997
 
Net deferred tax liabilities
  $
(4,030
)   $
(4,670
)
 
In assessing the realizability of deferred tax assets, the Company considers whether it is more likely than
not
that some portion
, or all, of the deferred tax assets will
not
be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. The Company considers projected future taxable income, carry-back opportunities, and tax planning strategies in making this assessment. Based upon the level of historical taxable income and projections for future taxable income over the periods which the deferred tax assets are deductible, the Company believes it is more likely than
not
that it will realize the benefits of these deductible differences excluding the foreign tax credit carryforward.
 
The Company had an unrecognized tax benefit at
December 31,
201
7
and
2016,
of
$843,000
and
$662,000,
respectively, excluding interest of
$5,000
and
$2,000
at
December 31, 2017
and
2016,
respectively. Of these amounts,
$620,000
and
$472,000
at
December 31, 2017
and
2016,
respectively, represents the net unrecognized tax benefits that, if recognized, would favorably impact the effective income tax rate. The change in the unrecognized tax benefits for
2017
and
2016
is as follows:
 
     
(In thousands)
 
Balance of unrecognized tax benefits at December 31, 2015
  $
589
 
Reductions due to lapse of applicable statute of limitations
   
(148
)
Additions based on tax positions of prior years
   
5
 
Additions based on tax positions related to the current year
   
216
 
Balance of unrecognized tax benefits at December 31, 2016
  $
662
 
Reductions due to lapse of applicable statute of limitations
   
--
 
Reductions due to tax positions of prior years
   
(7
)
Additions based on tax positions related to the current year
   
188
 
Balance of unrecognized tax benefits at December 31, 2017
  $
843
 
 
The Company files a U.S. federal income tax return, various state jurisdictions
returns and a Canada federal and provincial income tax return. All years prior to
2014
are now closed for US federal income tax and for years prior to
2014
for state income tax returns, and
no
exposure items exist for these years. The Company completed a United States federal tax examination for the tax year ended
December 31, 2013
in the
first
quarter of
2016.
The
2013
to
2017
Canada federal and provincial income tax returns remain open to examination.