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Income Taxes
12 Months Ended
Sep. 30, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

17. Income Taxes:    

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

 

 

 

YEAR ENDED SEPTEMBER 30,

 

 

 

2019

 

 

2018

 

United States

 

$

4,105

 

 

$

(19,231

)

Foreign

 

 

(1,834

)

 

 

(561

)

 

 

$

2,271

 

 

$

(19,792

)

 

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

 

 

 

YEAR ENDED SEPTEMBER 30,

 

 

 

2019

 

 

2018

 

Current

 

 

 

 

 

 

 

 

Federal

 

$

(16

)

 

$

(613

)

Foreign

 

 

2,401

 

 

 

51

 

State

 

 

16

 

 

 

 

 

 

 

2,401

 

 

 

(562

)

Deferred:

 

 

 

 

 

 

 

 

Federal

 

 

 

 

 

 

Foreign

 

 

16

 

 

 

(18

)

 

 

 

16

 

 

 

(18

)

 

 

$

2,417

 

 

$

(580

)

 

Actual income tax expense (benefit) differs from income tax expense computed by applying the U.S. statutory federal tax rate of 21% and 24% (blended) for the fiscal years ended September 30, 2019 and 2018 as follows (in thousands):    

 

 

 

YEAR ENDED SEPTEMBER 30,

 

 

 

2019

 

 

2018

 

Expense (benefit) for U.S federal income tax at statutory rate

 

$

477

 

 

$

(4,849

)

Effect of foreign income taxes

 

 

(101

)

 

 

(47

)

Research and experimentation tax credit

 

 

(812

)

 

 

(320

)

State income taxes, net of federal income tax benefit

 

 

(161

)

 

 

(23

)

Nondeductible expenses

 

 

105

 

 

 

33

 

Resolution of prior years’ tax matters

 

 

14

 

 

 

(657

)

Change in valuation allowance

 

 

964

 

 

 

(4,237

)

Impact on deferred taxes due to change in tax rate

 

 

 

 

 

8,116

 

Difference in U.S. tax rate from assumed rate

 

 

 

 

 

511

 

Change in fair value of contingent consideration

 

 

(444

)

 

 

 

Foreign income tax withholding

 

 

2,358

 

 

 

11

 

Disallowance of stock compensation adjustments in excess

   of book

 

 

31

 

 

 

895

 

Other items

 

 

(14

)

 

 

(13

)

 

 

$

2,417

 

 

$

(580

)

Effective tax rate

 

 

106.4

%

 

 

2.9

%

 

The income tax expense for fiscal year 2019 primarily reflects foreign withholding tax on rental income earned in Nigeria and Brunei.  The income tax benefit for fiscal year 2018 primarily reflects a $0.7 million tax refund resulting from the filing of an amended U.S. tax return.  The Company is currently unable to record any tax benefits for its tax losses in the U.S. and Canada due to the uncertainty surrounding its ability to utilize such losses in the future to offset taxable income.

 

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, 2019

 

 

AS OF SEPTEMBER 30, 2018

 

 

 

U.S.

 

 

Non U.S.

 

 

Total

 

 

U.S.

 

 

Non U.S.

 

 

Total

 

Deferred income tax assets:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Allowance for doubtful accounts

 

$

189

 

 

$

3

 

 

$

192

 

 

$

545

 

 

$

8

 

 

$

553

 

Inventories

 

 

7,652

 

 

 

79

 

 

 

7,731

 

 

 

6,870

 

 

 

68

 

 

 

6,938

 

Loss and tax credit carry-forwards

 

 

18,156

 

 

 

4,221

 

 

 

22,377

 

 

 

17,056

 

 

 

4,151

 

 

 

21,207

 

Stock-based compensation

 

 

691

 

 

 

 

 

 

691

 

 

 

614

 

 

 

 

 

 

614

 

Accrued product warranty

 

 

43

 

 

 

4

 

 

 

47

 

 

 

136

 

 

 

8

 

 

 

144

 

Accrued compensated absences

 

 

313

 

 

 

 

 

 

313

 

 

 

259

 

 

 

 

 

 

259

 

Property and equipment

 

 

 

 

 

462

 

 

 

462

 

 

 

 

 

 

457

 

 

 

457

 

Prepaid income taxes

 

 

753

 

 

 

 

 

 

753

 

 

 

714

 

 

 

 

 

 

714

 

Other reserves

 

 

13

 

 

 

8

 

 

 

21

 

 

 

56

 

 

 

6

 

 

 

62

 

 

 

 

27,810

 

 

 

4,777

 

 

 

32,587

 

 

 

26,250

 

 

 

4,698

 

 

 

30,948

 

Deferred income tax liabilities:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Allowance for doubtful accounts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(6

)

 

 

(6

)

Intangible assets

 

 

(1,386

)

 

 

(5

)

 

 

(1,391

)

 

 

(1,681

)

 

 

 

 

 

(1,681

)

Property, plant and equipment and other

 

 

(4,919

)

 

 

(59

)

 

 

(4,978

)

 

 

(3,622

)

 

 

(59

)

 

 

(3,681

)

Subtotal deferred income tax assets

 

 

21,505

 

 

 

4,713

 

 

 

26,218

 

 

 

20,947

 

 

 

4,633

 

 

 

25,580

 

Valuation allowance

 

 

(21,502

)

 

 

(4,531

)

 

 

(26,033

)

 

 

(20,931

)

 

 

(4,448

)

 

 

(25,379

)

Net deferred income tax assets

 

$

3

 

 

$

182

 

 

$

185

 

 

$

16

 

 

$

185

 

 

$

201

 

 

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

 

 

 

AS OF SEPTEMBER 30,

 

 

 

2019

 

 

2018

 

Deferred income tax assets, net

 

$

236

 

 

$

246

 

Deferred income tax liabilities, net

 

 

(51

)

 

 

(45

)

 

 

$

185

 

 

$

201

 

 

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, during the fiscal year ended September 30, 2018, the Company revalued its U.S. 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.  The reduction in deferred tax assets was completely 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, 2019, the Company had $7.0 million of cash and cash equivalents held by its foreign subsidiaries.  At September 30, 2019 and 2018, the temporary difference related to undistributed earnings for which no deferred taxes have been provided was approximately $12.9 million and $12.9 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, 2016 through 2019

 

State of Texas—fiscal years ended September 30, 2016 through 2019

 

State of New York—fiscal years ended September 30, 2017

 

State of California – fiscal years ended September 30, 2016 through 2019

 

State of Pennsylvania – fiscal years ended September 30, 2017

 

Russian Federation—calendar years 2017 through 2019

 

Canada—fiscal years ended September 30, 2016 through 2019

 

United Kingdom—fiscal years ended September 30, 2018 through 2019

 

Colombia—calendar years 2017 through 2019

 

The Company had no unrecognized tax liabilities as of September 30, 2019 and 2018.

 

 As of September 30, 2019, the Company had net operating loss (“NOL”) carry-forwards of approximately $61.7 million in the United States, $15.2 million in Canada and $0.5 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 $41.4 million begins to expire in 2028.  The Company’s NOLs originating after the 2017 Tax Act of $17.5 million do not expire.

Management of the Company has concluded that it was more-likely-than-not that its U.S. and Canadian net deferred tax assets will not be realized in accordance with U.S. GAAP.  At September 30, 2019 and September 30, 2018, the Company had a valuation allowance against its U.S. net deferred tax assets of $21.5 million and $20.9 million, respectively, and a valuation allowance against its Canadian net deferred tax assets of $4.5 million and $4.4 million, respectively.