14. Income Taxes –
The Company’s provision for income tax expense (benefit) from continuing operations is as follows:
| For the Year Ended December 31, | |||||||||
| 2017 | 2016 | ||||||||
| Current: | |||||||||
| Federal | $ | 390,000 | $ | 1,172,000 | |||||
| State | (54,000 | ) | 98,000 | ||||||
| 336,000 | 1,270,000 | ||||||||
| Deferred: | |||||||||
| Federal | 331,000 | (1,755,000 | ) | ||||||
| State | 64,000 | (360,000 | ) | ||||||
| 395,000 | (2,115,000 | ) | |||||||
| $ | 731,000 | $ | (845,000 | ) | |||||
Deferred income tax assets (liabilities) are summarized as follows:
| For the Year Ended December 31, | ||||||||
| 2017 | 2016 | |||||||
| Allowance for accounts and loans receivable | $ | 220,000 | $ | 397,000 | ||||
| Inventory capitalization | 64,000 | 98,000 | ||||||
| Inventory reserve | 122,000 | 38,000 | ||||||
| Accrued expenses | 115,000 | 117,000 | ||||||
| Prepaid expense | (220,000 | ) | (429,000 | ) | ||||
| Property and equipment | (730,000 | ) | (820,000 | ) | ||||
| Goodwill and intangible assets | 565,000 | 1,117,000 | ||||||
| Installment sale proceeds receivable | (1,592,000 | ) | — | |||||
| Net deferred income tax asset (liability) | $ | (1,456,000 | ) | $ | 518,000 | |||
Reconciliations from the statutory federal income tax rate to the effective income tax rate for continuing operations are as follows:
| For the Year Ended December 31, | ||||||||
| 2017 | 2016 | |||||||
Income tax expense (benefit) using the statutory federal rate
|
$ | 817,000 | $ | (726,000 | ) | |||
| State income taxes, net of federal benefit | (36,000 | ) | (184,000 | ) | ||||
| ND meal and entertainment | 11,000 | 16,000 | ||||||
| Noncontrolling interest’s pass through income | (91,000 | ) | — | |||||
| Tax relief act | 25,000 | — | ||||||
| Transaction expenses | — | 18,000 | ||||||
| Share based compensation | 9,000 | 18,000 | ||||||
| Other | (4,000 | ) | 13,000 | |||||
| Income tax expense (benefit) | $ | 731,000 | $ | (845,000 | ) | |||
The Tax Cut and Jobs Act of 2017 (the "Tax Reform Act") was enacted on December 22, 2017. This legislation makes significant changes in U.S. tax law including a reduction in 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 rate of 34% and 35% to 21%. As a result of the enacted law, the Company was required to revalue deferred tax assets and liabilities at the newly enacted rate. This revaluation resulted in an expense of $25,000 to income tax expense in continuing operations and a corresponding increase in the deferred tax liability. The other provisions of the Tax Reform Act did not have a material impact on the 2017 consolidated financial statements.
It is the Company’s practice to recognize penalties and/or interest related to income tax matters in interest and penalties expense. As of December 31, 2017 and 2016, the Company had an immaterial amount of accrued interest and penalties.
The Company is subject to income taxes in the U.S. federal jurisdiction and various states and local jurisdictions. Tax regulations within each jurisdiction are subject to the interpretation of the related tax laws and regulations and require significant judgment to apply. Accounting principles generally accepted in the United States of America require management to evaluate tax positions taken by the Company and recognize a tax liability (or asset) if the Company has taken an uncertain position that more likely than not would not be sustained upon examination by the Internal Revenue Service. Management has analyzed the tax positions taken by the Company and has concluded that as of December 31, 2017, there are no uncertain positions taken or expected to be taken that would require recognition of a liability (or asset) or disclosure in the consolidated financial statements. The Company is subject to routine audits by taxing jurisdictions. Currently the Company has no federal or state audits in progress. Management believes the Company is no longer subject to income tax examinations for years prior to 2014 for all entities with the exception of one subsidiary, which management believes is no longer subject to income tax examinations for years prior to 2013.