The income tax provision (benefit) from operations consists of the following (in thousands):
| | | December 31, | |
| | | 2017 | | | 2016 | |
| Current | | | | | | | | |
| Federal | | $ | - | | | $ | - | |
| State | | | - | | | | - | |
| Total Current | | | - | | | | - | |
| Deferred | | | | | | | | |
| Federal | | | (499 | ) | | | (3,577 | ) |
| State | | | (62 | ) | | | (361 | ) |
| Total Deferred | | | (561 | ) | | | (3,938 | ) |
| Total Income Tax Benefit | | $ | (561 | ) | | $ | (3,938 | ) |
Reduction of U.S. federal corporate tax rate
On
December 22, 2017,
the U.S. government enacted comprehensive tax legislation commonly referred to as the Tax Cuts and Jobs Act (the “Tax Act”). The Tax
Act reduces the corporate tax rate to
21
percent, effective
January 1, 2018.
Consequently, we have recorded a decrease related to deferred tax assets of approximately
$585,000,
with a corresponding adjustment to deferred income tax benefit
for the year ended
December 31, 2017.
A reconciliation of computed income taxes by applying the statutory federal income tax rate of
21%
and
34%
to income (loss) from operations before taxes to the provision (benefit) for income taxes for the years ended
December
31,
2017
and
2016
is as follows (in thousands):
| | | December 31, | |
| | | 2017 | | | 2016 | |
| | | | | | | | | |
| Computed income taxes at 21% and 34% for 2017 and 2016, respectively | | $ | (2,533 | ) | | $ | (4,229 | ) |
| | | | | | | | | |
| Increase in income taxes resulting from: | | | | | | | | |
State and local income taxes, net of federal impact | | | (202 | ) | | | (373 | ) |
| Change in valuation allowance | | | 1,193 | | | | 389 | |
| Stock-based compensation | | | 408 | | | | 262 | |
| Change in tax rate | | | 585 | | | | - | |
| Other | | | (12 | ) | | | 13 | |
| | | | | | | | | |
| | | $ | (561 | ) | | $ | (3,938 | ) |
In assessing the realization of deferred tax assets, management 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. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, 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 in which the deferred tax assets are deductible, management believes a valuation allowance should be recorded to reduce its net deferred tax assets to zero.
We have a requirement of reporting of taxes based on tax positions which meet a more likely than
not
standard and which are measured at the amount that is more likely than
not
to be realized.
Differences between financial and tax reporting which do
not
meet this threshold are required to be recorded as unrecognized tax benefits. This standard also provides guidance on the presentation of tax matters and the recognition of potential IRS interest and penalties. As of
December 31, 2017
and
2016,
the Company does
not
have an unrecognized tax liability.
The Company has approximately
$20.0
million of net operating losses that will begin to expire in the year
2035.
The components of deferred income taxes for the
years ended
December 31, 2017
and
2016
are as follows (in thousands):
| | | December 31, | |
| | | 2017 | | | 2016 | |
| | | | | | | | | |
| Deferred tax assets | | | | | | | | |
| Reserves and accruals | | $ | 204 | | | $ | 239 | |
| Amortization | | | 41 | | | | 100 | |
| | | | 1 | | | | 1 | |
| Non-qualified stock option expense | | | 164 | | | | 390 | |
| Tax credits | | | - | | | | 113 | |
| Loss Carryforwards | | | 5,116 | | | | 5.949 | |
| Total deferred tax assets | | | 5,526 | | | | 6,792 | |
| Valuation allowance | | | (1,500 | ) | | | (390 | ) |
| Net deferred tax assets | | | 4,026 | | | | 6,402 | |
| | | | | | | | | |
| Deferred tax liabilities | | | | | | | | |
| Depreciation | | | (4,026 | ) | | | (6,871 | ) |
| Total deferred tax liabilities | | | (4,026 | ) | | | (6,871 | ) |
| | | | | | | | | |
| Net deferred tax assets (liabilities) | | $ | - | | | $ | (469 | ) |
The Company uses significant judgment in forming conclusions regarding the recoverability of its deferred tax assets and evaluates all available positive and negative evidence to determine if it is more-likely-than-
not
that the deferred tax assets will be realized. To the extent recovery does
not
appear likely, a valuation allowance must be recorded. As of
December 31, 2017,
the Company recorded a valuation allowance of
$1.5
million and
$0.4
million as of
December 31, 2017
and
2016,
respectively.
It is possible that the relative weight of positive and negative evidence regarding the realization of deferred tax assets
may
change, which could result in a material increase or decrease in the Company
’s valuation allowance. Such a change could result in a material increase or decrease to income tax expense in the period the assessment was made.
The Company classifies penalty and interest expense related to income tax liabilities as an other ex
pense. During the year ended
December 31, 2017,
The Company did
not
incur any interest and penalties for the years ended
December 31, 2017
and
2016,
respectively.
The Company files tax re
turns in the United States, in various states including Colorado, Kansas, North Dakota, Ohio, Pennsylvania, and Texas. The Company’s United States federal income tax filings for tax years
2014
through
2017
remain open to examination. In general, the Company’s various state tax filings remain open for tax years
2013
to
2017.