Entity information:

6. INCOME TAXES

The Company is subject to United States federal, state and foreign taxes on its operations. The geographical sources of income before income taxes for each of the three years ended July 31 are as follows (in thousands):

 

 

 

2017

 

 

2016

 

 

2015

 

United States

 

$

27,642

 

 

$

28,820

 

 

$

20,442

 

Foreign

 

 

4,800

 

 

 

(590

)

 

 

(1,558

)

Income before income taxes

 

$

32,442

 

 

$

28,230

 

 

$

18,884

 

 

 

The components of income tax expense/(benefit) for the years ended July 31 consisted of the following (in thousands):

 

 

 

2017

 

 

2016

 

 

2015

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

7,620

 

 

$

7,900

 

 

$

9,176

 

Foreign

 

 

511

 

 

 

166

 

 

 

(127

)

State

 

 

1,588

 

 

 

1,275

 

 

 

1,214

 

 

 

 

9,719

 

 

 

9,341

 

 

 

10,263

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(1,052

)

 

 

358

 

 

 

(3,660

)

Foreign

 

 

160

 

 

 

(261

)

 

 

293

 

State

 

 

(18

)

 

 

117

 

 

 

(150

)

 

 

 

(910

)

 

 

214

 

 

 

(3,517

)

Total

 

$

8,809

 

 

$

9,555

 

 

$

6,746

 

 

Deferred income taxes are provided on all temporary differences between financial and taxable income. The following table presents the components of the Company’s deferred tax assets and liabilities at July 31, 2017 and 2016 (in thousands):

 

 

 

2017

 

 

2016

 

Non-current deferred tax assets

 

 

 

 

 

 

 

 

Inventory

 

$

933

 

 

$

571

 

Net operating loss

 

 

1,233

 

 

 

2,061

 

Employee benefits

 

 

2,322

 

 

 

2,059

 

Deferred compensation

 

 

3,922

 

 

 

3,171

 

Accrued liabilities

 

 

43

 

 

 

498

 

Other

 

 

982

 

 

 

1,062

 

Less valuation allowance

 

 

(1,768

)

 

 

(2,895

)

Total non-current deferred tax assets

 

$

7,667

 

 

$

6,527

 

Non-current deferred tax liabilities:

 

 

 

 

 

 

 

 

Difference in amortization basis of intangibles

 

$

(34,851

)

 

$

(11,115

)

Difference in depreciable basis of property

 

 

(6,722

)

 

 

(4,928

)

Other

 

 

(767

)

 

 

(432

)

Total non-current deferred tax liabilities

 

 

(42,340

)

 

 

(16,475

)

Net non-current deferred tax liability

 

$

(34,673

)

 

$

(9,948

)

 

As of July 31, 2017, the Company had $3.0 million of foreign net operating loss carryforwards that do not expire, and $1.0 million of U.S. federal net operating loss carryforward that expires in 2034.

The Company records provisions for uncertain tax provisions in accordance with GAAP, which prescribes the minimum recognition threshold that a tax position is required to meet before being recognized in the financial statements. The Company recognizes interest and penalties related to uncertain tax positions in income tax expense. The statute of limitations remains open for the fiscal year ended July 31, 2014 and forward for United States federal income taxes and fiscal year ended July 31, 2012 and forward for state tax jurisdictions.

In fiscal year 2017, the Company’s subsidiary in Italy was successful in its appeal of a case related to income tax assessments for the three year period ended July 31, 2011, and settled litigation with the local taxing authority related to the registration tax assessment for the December 2007 purchase of the electronic chemicals business in Italy. During fiscal year 2017, the Company reversed its liability for its uncertain tax position in Italy as of July 31, 2016 of $0.1 million.

The Company does not intend to permanently reinvest its unremitted foreign earnings associated with its Mexico operations outside the United States. Except for Mexico, the Company maintains its foreign earnings from the remaining foreign subsidiaries to be permanently reinvested.

For the year ended July 31, 2017, stock-based compensation excess tax benefits of $1.0 million were reflected in the consolidated statements of income as a component of the provision for income taxes as a result of the early adoption of ASU 2016‑09. See note 1 for more details regarding the adoption of ASU 2016-09.

The following table accounts for the differences between the actual tax provision, and the amounts obtained by applying the applicable statutory United States federal income tax rate of 35% to income from continuing operations before income taxes for each of the years ended July 31, 2017, 2016, and 2015, respectively (in thousands):

 

 

 

2017

 

 

2016

 

 

2015

 

Income taxes at the federal statutory rate

 

$

11,354

 

 

$

9,881

 

 

$

6,610

 

Effect of foreign operations

 

 

(198

)

 

 

485

 

 

 

182

 

Change in valuation allowance

 

 

(1,218

)

 

 

311

 

 

 

648

 

Adjustments to foreign operations

 

 

 

 

 

 

 

 

1,148

 

Effects of foreign currency fluctuations

 

 

131

 

 

 

(330

)

 

 

(953

)

State income taxes, net of federal income tax effect

 

 

1,015

 

 

 

969

 

 

 

639

 

Production deduction and tax credits

 

 

(1,217

)

 

 

(1,473

)

 

 

(1,182

)

Stock-based compensation

 

 

(964

)

 

 

 

 

 

 

Acquisition related cost

 

 

151

 

 

 

85

 

 

 

125

 

Flowchem reorganization

 

 

(584

)

 

 

 

 

 

 

Other

 

 

339

 

 

 

(373

)

 

 

(471

)

Total

 

$

8,809

 

 

$

9,555

 

 

$

6,746

 

 

The Company’s effective tax rate decreased in fiscal year 2017 primarily due to $1.0 million of stock-based compensation excess tax benefits, a change in valuation allowance of $1.2 million in Singapore and Italy, a $0.9 million tax benefit from a U.S. domestic manufacturing deduction and a deferred tax benefit of $0.6 million realized as a result of the reorganization of the legal structure of the entities acquired in the Flowchem acquisition. The change of valuation allowance in Singapore and Italy is due to the Company’s profitable operations in Singapore and Italy in fiscal year 2017.

 

Uncertain Tax Positions

The Company is subject to income taxes in the U.S. (federal and state) and numerous foreign jurisdictions. Significant judgment is required in evaluating the Company’s tax positions and determining its provision for income taxes. There are transactions and calculations for which the ultimate tax determination is uncertain. The Company establishes reserves for tax-related uncertainties based on estimates of whether, and the extent to which, additional taxes will be due or may be challenged despite our belief that our tax return positions are supportable. The Company accounts for uncertain tax positions in accordance with FASB ASC 740, which prescribes the minimum recognition threshold a tax position taken or expected to be taken in a tax return is required to meet before being recognized in the financial statements.

The following table summarizes the activity related to our gross unrecognized tax benefits (in thousands):

 

Balance at July 31, 2016

 

$

1,254

 

Increases related to prior years positions

 

 

129

 

Decreases related to prior year positions

 

 

(320

)

Settlements

 

 

(98

)

Balance at July 31, 2017

 

$

965

 

The Company does not anticipate any significant changes to the unrecognized tax benefits within the next twelve months. The Company recognizes interest and penalties related to uncertain tax positions within the provision for income taxes in the consolidated statements of income. The Company recognized $0.1 million in penalties and interest related to unrecognized tax benefits for the years ended July 31, 2017 and 2016.