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Income Taxes
12 Months Ended
Sep. 30, 2018
Income Tax Disclosure [Abstract]  
Income Taxes

16. Income Taxes:    

Components of income (loss) before income taxes were as follows (in thousands):

 

 

 

YEAR ENDED SEPTEMBER 30,

 

 

 

2018

 

 

2017

 

 

2016

 

United States

 

$

(19,231

)

 

$

(50,757

)

 

$

(45,506

)

Foreign

 

 

(561

)

 

 

(3,351

)

 

 

(9,827

)

 

 

$

(19,792

)

 

$

(54,108

)

 

$

(55,333

)

 

The provision (benefit) for income taxes consisted of the following (in thousands):

 

 

 

YEAR ENDED SEPTEMBER 30,

 

 

 

2018

 

 

2017

 

 

2016

 

Current

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(613

)

 

$

2,422

 

 

$

(13,726

)

Foreign

 

 

51

 

 

 

286

 

 

 

148

 

State

 

 

 

 

 

 

 

 

6

 

 

 

 

(562

)

 

 

2,708

 

 

 

(13,572

)

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

 

 

 

 

 

 

2,881

 

Foreign

 

 

(18

)

 

 

(25

)

 

 

1,328

 

 

 

 

(18

)

 

 

(25

)

 

 

4,209

 

 

 

$

(580

)

 

$

2,683

 

 

$

(9,363

)

 

Actual income tax expense (benefit) differs from income tax expense computed by applying the U.S. statutory federal tax rate of 24.5% (blended) for the fiscal year ended September 30, 2018 and 35%  for the fiscal years ended September 30, 2017 and 2016 as follows (in thousands):    

 

 

 

YEAR ENDED SEPTEMBER 30,

 

 

 

2018

 

 

2017

 

 

2016

 

Benefit for U.S federal income tax at statutory rate

 

$

(4,849

)

 

$

(18,940

)

 

$

(19,365

)

Effect of foreign income taxes

 

 

(47

)

 

 

124

 

 

 

630

 

Research and experimentation tax credit

 

 

(320

)

 

 

(248

)

 

 

(686

)

State income taxes, net of federal income tax benefit

 

 

(23

)

 

 

 

 

 

4

 

Nondeductible expenses

 

 

33

 

 

 

164

 

 

 

149

 

Resolution of prior years’ tax matters

 

 

(657

)

 

 

2

 

 

 

2,400

 

Change in valuation allowance

 

 

(4,237

)

 

 

20,087

 

 

 

7,715

 

Impact on deferred taxes due to change in tax rate

 

 

8,116

 

 

 

(6

)

 

 

(124

)

Difference in U.S. tax rate from assumed rate

 

 

511

 

 

 

 

 

 

 

Foreign income taxes

 

 

11

 

 

 

506

 

 

 

 

Disallowance of stock compensation adjustments in excess

   of book

 

 

895

 

 

 

1,074

 

 

 

 

Other items

 

 

(13

)

 

 

(80

)

 

 

(86

)

 

 

$

(580

)

 

$

2,683

 

 

$

(9,363

)

Effective tax rate

 

 

2.9

%

 

 

(5.0

)%

 

 

16.9

%

 

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes.  Significant components of the Company’s net deferred income tax asset were as follows (in thousands):

 

 

 

AS OF SEPTEMBER 30, 2018

 

 

AS OF SEPTEMBER 30, 2017

 

 

 

U.S.

 

 

Non U.S.

 

 

Total

 

 

U.S.

 

 

Non U.S.

 

 

Total

 

Deferred income tax assets:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Allowance for doubtful accounts

 

$

545

 

 

$

8

 

 

$

553

 

 

$

777

 

 

$

7

 

 

$

784

 

Inventories

 

 

6,870

 

 

 

68

 

 

 

6,938

 

 

 

11,215

 

 

 

50

 

 

 

11,265

 

Loss and tax credit carry-forwards

 

 

17,056

 

 

 

4,151

 

 

 

21,207

 

 

 

11,803

 

 

 

4,490

 

 

 

16,293

 

Stock-based compensation

 

 

614

 

 

 

 

 

 

614

 

 

 

2,147

 

 

 

 

 

 

2,147

 

Accrued product warranty

 

 

136

 

 

 

8

 

 

 

144

 

 

 

174

 

 

 

2

 

 

 

176

 

Accrued compensated absences

 

 

259

 

 

 

 

 

 

259

 

 

 

419

 

 

 

 

 

 

419

 

Property and equipment

 

 

 

 

 

457

 

 

 

457

 

 

 

 

 

 

430

 

 

 

430

 

Prepaid income taxes

 

 

714

 

 

 

 

 

 

714

 

 

 

 

 

 

 

 

 

 

Other reserves

 

 

56

 

 

 

6

 

 

 

62

 

 

 

127

 

 

 

7

 

 

 

134

 

 

 

 

26,250

 

 

 

4,698

 

 

 

30,948

 

 

 

26,662

 

 

 

4,986

 

 

 

31,648

 

Deferred income tax liabilities:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Allowance for doubtful accounts

 

 

 

 

 

(6

)

 

 

(6

)

 

 

 

 

 

(9

)

 

 

(9

)

Intangible assets

 

 

(1,681

)

 

 

 

 

 

(1,681

)

 

 

 

 

 

 

 

 

 

Property, plant and equipment and other

 

 

(3,622

)

 

 

(59

)

 

 

(3,681

)

 

 

(3,087

)

 

 

(71

)

 

 

(3,158

)

Subtotal deferred income tax assets

 

 

20,947

 

 

 

4,633

 

 

 

25,580

 

 

 

23,575

 

 

 

4,906

 

 

 

28,481

 

Valuation allowance

 

 

(20,931

)

 

 

(4,448

)

 

 

(25,379

)

 

 

(23,575

)

 

 

(4,684

)

 

 

(28,259

)

Net deferred income tax assets

 

$

16

 

 

$

185

 

 

$

201

 

 

$

 

 

$

222

 

 

$

222

 

 

Deferred income tax assets and liabilities are reported as follows in the accompanying consolidated balance sheets (in thousands):

 

 

 

AS OF SEPTEMBER 30,

 

 

 

2018

 

 

2017

 

Deferred income tax assets, net

 

$

246

 

 

$

259

 

Deferred income tax liabilities, net

 

 

(45

)

 

 

(37

)

 

 

$

201

 

 

$

222

 

 

The 2017 Tax Act was enacted in December 2017. The 2017 Tax Act, among other things, reduces the U.S. federal corporate tax rate from 35% to 21%, effective January 1, 2018, creates new taxes on certain foreign earnings and may require companies to pay a one-time transition tax on undistributed earnings of certain foreign subsidiaries that were previously tax deferred.  The Company is not required to pay a one-time transition tax on earnings of our foreign subsidiaries since there were no accumulated earnings on a consolidated basis.  As a result of the 2017 Tax Act, the Company revalued its U.S. our deferred tax assets based on a U.S. federal tax rate of 21%, which resulted in a reduction to our deferred tax assets of approximately $8.1 million.  This amount was offset by a like reduction to the valuation allowance.

The financial reporting basis of investments in foreign subsidiaries exceed their tax basis.  A deferred tax liability is not recorded for this temporary difference because the investment is deemed to be permanent.  A reversal of the Company’s plans to permanently invest in these foreign operations would cause the excess to become taxable.  At September 30, 2018, the Company had $7.3 million of cash and cash equivalents held by its foreign subsidiaries.  At September 30, 2018 and 2017, the temporary difference related to undistributed earnings for which no deferred taxes have been provided was approximately $12.9 million and $12.8 million, respectively.  

Tax return filings which are subject to review by local tax authorities by major jurisdiction are as follows:

 

United States—fiscal years ended September 30, 2015 through 2018

 

State of Texas—fiscal years ended September 30, 2015 through 2018

 

State of New York—fiscal years ended September 30, 2016 through 2018

 

State of California – fiscal years ended September 30, 2015 through 2018

 

State of Pennsylvania – fiscal years ended September 30, 2016 through 2018

 

Russian Federation—calendar years 2016 through 2018

 

Canada—fiscal years ended September 30, 2015 through 2018

 

United Kingdom—fiscal years ended September 30, 2017 through 2018

 

Colombia—calendar years 2016 through 2018

The following table is a reconciliation of the total amounts of unrecognized tax liabilities (in thousands):

 

Balance at October 1, 2015

 

$

75

 

Change in prior year tax positions

 

 

(70

)

Current tax positions

 

 

 

Settlements with taxing authorities

 

 

 

Lapse of statute of limitations

 

 

(4

)

Balance at September 30, 2016

 

 

1

 

Change in prior year tax positions

 

 

(1

)

Current tax positions

 

 

 

Settlements with taxing authorities

 

 

 

Lapse of statute of limitations

 

 

 

Balance at September 30, 2017

 

 

 

Change in prior year tax positions

 

 

 

Current tax positions

 

 

 

Settlements with taxing authorities

 

 

 

Lapse of statute of limitations

 

 

 

Balance at September 30, 2018

 

$

 

 

As of September 30, 2018, the Company had net operating loss (“NOL”) carry-forwards of approximately $62.2 million in the United States, $14.0 million in Canada and $0.6 million in Russia which are available to offset future taxable income in those jurisdictions.  The NOL carry-forwards for Canada and Russia begin to expire in 2033 and 2026, respectively.  The NOL carry-forward for the United States which originated prior to the 2017 Tax Act of $49.4 million begins to expire in 2028.  The Company’s NOLs originating after the 2017 Tax Act of $12.8 million do not expire.

During the year ended September 30, 2016, management concluded that it was more-likely-than-not that all of our U.S. and Canadian net deferred tax assets will not be realized in accordance with U.S. GAAP.  At September 30, 2018 and September 30, 2017, we had a valuation allowance against our U.S. net deferred tax assets of $20.9 million and $23.6 million, respectively, and a valuation allowance against our Canadian net deferred tax assets of $4.4 million and $4.7 million, respectively.