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Note 6 - Income Taxes
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]

6. Income Taxes


Income before taxes (in thousands):   


   

Year Ended December 31,

 
   

2013

   

2012

 

Domestic

  $ 1,050     $ 3,211  

Foreign

    1,982       697  

Total:

  $ 3,032     $ 3,908  

The provision for income tax expense is summarized as follows (in thousands):  


   

Year Ended December 31,

 
   

2013

   

2012

 

Current:

               

Federal

  $ (2   $ 59  

Foreign

    845       423  

State

    201       171  
                 

Deferred:

               

Federal

    (1,700 )     -  

Foreign

    (262 )     (194 )

State

    (200     -  

Total Provision:

  $ (1,118 )   $ 459  

The provision for income taxes is different from that which would be obtained by applying the statutory federal income tax rate to income before income taxes. The items causing this difference are as follows (in thousands):


   

Year Ended December 31,

 
   

2013

   

Rate

   

2012

   

Rate

 

Provision for income taxes at federal statutory rate

  $ 1,031       34.00 %   $ 1,329       34.00 %

State income taxes, net of federal benefit

    47       1.55 %     134       3.43 %

Permanent differences

    226       7.45 %     20       0.51 %

Change in valuation allowance

    (2,348 )     (77.43 %)     (1,247 )     (31.91 %)

Foreign tax rate differential

    (91 )     (2.99 %)     6       0.15 %

Federal Alternative Minimum Tax

    (2     (0.07 %)     61       1.56 %

Change in Uncertain Tax Position Reserve

    39       1.29 %     28       0.72 %

Other

    (20 )     (0.67 %)     128       3.28 %

Provision for income taxes

  $ (1,118 )     (36.87 %)   $ 459       11.74 %

Deferred taxes consist of the following (in thousands):

 

December 31,

 
   

2013

   

2012

 

Deferred tax assets:

               

Net operating loss carry forwards

  $ 3,218     $ 3,671  

Deferred revenue

    100       93  

Allowance for doubtful accounts and other receivable

    26       33  

Share-based compensation expense

    578       659  
Foreign subsidiaries     456       201  

Depreciation

    345       171  

Acquisition costs

    51       51  

Other

    176       175  

Valuation allowance

    (1,900 )     (4,248 )

Total deferred tax assets

    3,050       806  
                 

Deferred tax liabilities:

               

Goodwill

    134       134  
Foreign subsidiaries     9        7  

Capitalized software development costs

    551       471  

Total deferred tax liabilities

    694       612  

Net deferred taxes

  $ 2,356     $ 194  

At December 31, 2013, and December 31, 2012, the Company has federal and state NOL carryforwards of $8.5 million and $9.6 million, respectively, which if unused will expire in years 2017 through 2029.


Approximately $2.3 million of the NOLs were incurred prior to the acquisition of PIA in 1999. The aquisition resulted in a change of ownership under Internal Revenue Code ("IRC") section 382 and placed a limit on the amount of pre-acquisition NOLs that may be used each year to reduce taxable income. The annual limitation is $657,500.


As of December 31, 2013, the Company's deferred tax assets were primarily the result of U.S. net operating loss carryforwards. A valuation allowance of $1.9 million and $4.2 million was recorded against its gross deferred tax asset balance as of December 31, 2013, and December 31, 2012, respectively. For the years ended December 31, 2013, and December 31, 2012, the Company recorded a net valuation allowance release of $1.9 million and $0, respectively, on the basis of management's reassessment of the amount of its deferred tax assets that are more likely than not to be realized.


As of each reporting date, the Company's management considers new evidence, both positive and negative, that could impact management's view with regard to future realization of deferred tax assets. As of December 31, 2013, the Company achieved four years of cumulative pre-tax income in the U.S. federal tax jurisdiction, management determined that sufficient positive evidence existed as of December 31, 2013, to conclude that it is more likely than not that additional deferred taxes of $1.9 million are realizable, and therefore, reduced the valuation allowance accordingly.


The Company does not provide currently for U.S. income taxes on the undistributed earnings of its profitable foreign subsidiaries (which are approximately $1.2 million as of December 31, 2013), since, at the present time, management expects any earnings to be reinvested in the foreign subsidiaries and not distributed. Upon distribution of those earnings in the form of dividends or otherwise, the Company would be subject to U.S. income taxes, which could potentially be offset by foreign tax credits. Distribution of those earnings can also subject the Company to related withholding taxes payable to various non-U.S. jurisdictions. Determination of the amount of unrecognized deferred U.S. income tax liability is not practicable because of the complexities associated with its hypothetical calculations.


A reconciliation of the beginning and ending amount of uncertain tax position reserves is as follows (in thousands):


   

Year Ended December 31,

 
   

2013

   

2012

 

Beginning balance

  $ 73     $ 55  

Additions for tax provisions of prior years

    29       18  

Ending balance

  $ 102     $ 73  

Interest and penalties that the tax law requires to be paid on the underpayment of taxes should be accrued on the difference between the amount claimed or expected to be claimed on the return and the tax benefit recognized in the financial statements. The Company's policy is to record this interest and penalties as additional tax expense.


Details of the Company's tax reserves at December 31, 2013, are outlined in the table below (in thousands):


   

Taxes

   

Interest

   

Penalty

   

Total Tax Liability

 

Domestic

                               

State

  $ 102     $ 23     $ 7     $ 132  

Federal

               

International

               

Total reserve

  $ 102     $ 23     $ 7     $ 132  

In management's view, the Company's tax reserves at December 31, 2013, for potential domestic state tax liabilities were sufficient. The Company has evaluated the tax liabilities of its international subsidiaries and does not believe a reserve is necessary at this time. 


SPAR and its subsidiaries file numerous consolidated, combined and separate company income tax returns in the U.S. Federal jurisdiction and in many U.S. states and foreign jurisdictions. With few exceptions, SPAR is subject to U.S. Federal, state and local income tax examinations for the years 2009 through the present. However, tax authorities have the ability to review years prior to the position taken by the Company to the extent that SPAR utilized tax attributes carried forward from those prior years.