XML 27 R14.htm IDEA: XBRL DOCUMENT v3.10.0.1
Income Taxes
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
Income Taxes

7.

Income Taxes

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 deferred tax assets and liabilities as of December 31 are as follows:

 

 

 

2018

 

 

2017

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Employee benefits

 

$

829

 

 

$

836

 

Inventories

 

 

3,902

 

 

 

2,309

 

Natural gas derivatives

 

 

 

 

 

610

 

Goodwill & other intangibles

 

 

2,350

 

 

 

3,179

 

Net operating loss

 

 

88,341

 

 

 

59,536

 

Foreign tax credits

 

 

667

 

 

 

667

 

Interest

 

 

2,200

 

 

 

552

 

Accrued expenses

 

 

3,496

 

 

 

 

Other

 

 

352

 

 

 

1,477

 

Total deferred tax assets

 

 

102,137

 

 

 

69,166

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Depreciation

 

 

30,054

 

 

 

14,332

 

Indefinite-lived intangibles

 

 

817

 

 

 

209

 

Foreign

 

 

 

 

 

26

 

Total deferred tax liabilities

 

 

30,871

 

 

 

14,567

 

Valuation Allowance

 

 

72,380

 

 

 

54,829

 

Net deferred tax liabilities

 

$

(1,114

)

 

$

(230

)

 

Significant components of the provision for income taxes for the years ended December 31 are as follows:

 

 

 

2018

 

 

2017

 

Current:

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

(375

)

State

 

 

(34

)

 

 

(99

)

Foreign

 

 

42

 

 

 

581

 

Total current

 

 

8

 

 

 

107

 

Deferred

 

 

884

 

 

 

(2,134

)

 

 

$

892

 

 

$

(2,027

)

The reconciliation of income taxes computed at the U.S. statutory tax rate to the Company’s income tax expense for the years ended December 31 is as follows:

 

 

 

2018

 

 

2017

 

 

 

Amount

 

 

Percent

 

 

Amount

 

 

Percent

 

U.S. statutory rate

 

$

(15,658

)

 

 

(21.0

)%

 

$

(89,300

)

 

 

(35.0

)%

State income taxes, net of federal tax benefit

 

 

(2,152

)

 

 

(2.9

)

 

 

(5,684

)

 

 

(2.2

)

Mining depletion

 

 

(163

)

 

 

(0.2

)

 

 

(619

)

 

 

(0.2

)

Change in election for foreign tax credits

 

 

32

 

 

 

 

 

 

(667

)

 

 

(0.3

)

Foreign investments

 

 

271

 

 

 

0.4

 

 

 

8,569

 

 

 

3.4

 

Stock compensation excess tax deficiency

 

 

348

 

 

 

0.5

 

 

 

876

 

 

 

0.3

 

Other permanent differences

 

 

663

 

 

 

0.9

 

 

 

1,806

 

 

 

0.7

 

Tax reform deferred rate change

 

 

 

 

 

 

 

 

28,163

 

 

 

11.0

 

Valuation allowance

 

 

17,551

 

 

 

23.5

 

 

 

54,829

 

 

 

21.5

 

 

 

$

892

 

 

 

1.2

%

 

$

(2,027

)

 

 

(0.8

)%

 

As a result of the significant decline in oil and gas activities and net losses incurred over the past few years, the Company determined during the year ended December 31, 2017 that it was more likely than not that a portion of its deferred tax assets will not be realized in the future.  Accordingly, the Company established a $72,380 valuation allowance against its deferred tax assets as of December 31, 2018.  The Company’s assessment of the realizability of its deferred tax assets is based on the weight of all available evidence, both positive and negative, including future reversals of deferred tax liabilities.  

In December 2017, the Tax Cuts and Jobs Act (“Tax Legislation”) was enacted.  The Tax Legislation significantly revises the U.S. corporate income tax by, among other things, lowering corporate income tax rates, implementing the territorial tax system and imposing a repatriation tax on deemed repatriated earnings of foreign subsidiaries.  In accordance with the Tax Legislation, the Company recorded $28,163 as additional income tax expense in the fourth quarter of 2017 related to the re-measurement of deferred tax assets and liabilities.  Additionally, Staff Accounting Bulletin No. 118 ("SAB 118") was issued to address the application of U.S. GAAP in situations when a registrant does not have the necessary information available, prepared, or analyzed (including computations) in reasonable detail to complete the accounting for certain income tax effects of the Act.  December 22, 2018 marked the end of the measurement period for purposes of SAB 118.  As such, the Company has completed the analysis based on legislative updates relating to the Tax Legislation.  No material changes to the provisional amounts recorded as of December 31, 2017 were identified.  

While the Tax Legislation provides for a territorial tax system, beginning in 2018, it includes the global intangible low-taxed income (“GILTI”) provision.  The GILTI provisions require the Company to include in its U.S. income tax return foreign subsidiary earnings in excess of an allowable return on the foreign subsidiary’s tangible assets.  FASB guidance indicates that accounting for GILTI either as part of deferred taxes or as a period cost are both acceptable methods.  As of December 31, 2018, the Company has not recognized foreign earnings subject to GILTI.  An accounting policy will be elected in the first period in which the GILTI provision becomes applicable to the Company.

During the years ended December 31, 2018 and 2017, the Company did not recognize benefits on foreign investments due to the uncertainty of the Company being able to realize the foreign tax assets in light of current market conditions in China and Russia.  This treatment decreased income tax benefit by $271 and $8,569 for the years ended December 31, 2018 and 2017, respectively.

During 2015 through 2018, the Company incurred net operating losses in the United States.  Net operating losses associated with the 2015 tax return have been carried back in full, while certain of the net operating losses incurred in 2016, 2017, and 2018 are carried forward to offset future taxable income. The cumulative recorded tax benefit of these net operating loss carryforwards totals $88,341 and $59,536 as of December 31, 2018 and 2017, respectively, and is included in the deferred income tax asset on those respective dates.  Theses recorded tax benefits include the impact of the change in corporate income tax rate following the enactment of the Tax Legislation.  After finalization of the 2015 Federal return and a change in the attribute of the NOL carryback, additional refunds for 2012 through 2014 tax years are being claimed in the amount of $2,107.  These amounts are included within income tax receivable as of December 31, 2018 and 2017.  The federal NOLs generated in 2017 and 2016 will be carried forward until they are utilized or their expiration in 2037 and 2036, respectively.  The federal NOLs generated in 2018 will be carried forward until they are utilized as they do not expire per the Tax Cuts and Jobs Act.  The Company has not recognized any uncertain tax positions as of December 31, 2018.

The Company files its tax returns as prescribed by the tax laws of the jurisdictions in which it operates, the most significant of which are U.S. federal and certain state jurisdictions.  In 2016, the Company received an audit notice from the Internal Revenue Service for periods 2013-2015.  The Company does not anticipate any material findings.  The 2016 federal tax year is also subject to examination.  Various U.S. state jurisdiction tax years remain open to examination as well, although the Company believes assessments, if any, would be immaterial to its consolidated financial statements.