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INCOME TAXES
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract]  
INCOME TAXES
6.INCOME TAXES

 

As of December 31, 2013, the Company had a domestic net operating loss carryforward ("NOL"), of approximately $109.0 million, a domestic alternative minimum tax credit of approximately $297 thousand and a domestic research and development tax credit carryforward of approximately $598 thousand for federal tax purposes. The Company's federal NOL is expected to expire as follows if unused: $103.1 million in 2018 through 2022, $5.5 million in 2024 and 2025 and $385 thousand in 2027. The NOL and tax credit carryforwards are subject to alternative minimum tax limitations and to examination by the tax authorities. In addition, the Company had a "change of ownership" as defined under the provisions of Section 382 of the Internal Revenue Code of 1986, as amended (an "Ownership Change"). The Company does not believe this Ownership Change will place a significant restriction on its ability to utilize its NOL in the future. The Company has established a valuation allowance against those NOL's for which it is more likely than not that they will expire unutilized. There can be no assurance that valuation allowance adjustments will not occur if projected financial results are not met, or otherwise. On September 13, 2013, the IRS released the final tangible property regulations under section 162 and 263, which generally apply to taxable years beginning on or after January 1, 2014. The company has reviewed the final regulations, and does not anticipate any material financial statement impact resulting from these final regulations.

 

The Company is subject to income taxes in the U.S. federal jurisdiction, and various foreign, state 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. In the United States, the tax years 2010 – 2012 remain open to examination by the federal Internal Revenue Service and the tax years 2009 – 2012 remain open for various state taxing authorities.

 

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

 

Year Ended December 31,

 

2011

2012

2013

   
Domestic $ 3,189   $ 1,869   $ (1,508 )
Foreign   177     154     115  
  $ 3,366   $ 2,023   $ (1,393 )
                       

 

Temporary differences that give rise to the components of deferred tax assets are as follows (in thousands):

 

 

December 31,

 

2012

2013

Current deferred tax assets:            
  Inventory $ 323   $ 692  
  Accrued compensation   251   2 131  
  Net operating loss carryforwards – domestic   45     1,589  
  Stock Options   463     443  
  Other   789     695  
      1,871     3,550  
  Valuation allowance   (741 )   (1,394 )
    Total current deferred tax assets $ 1,130   $ 2,156  
Noncurrent deferred tax assets:            
  Research and development tax credit $ 526   $ 598  
  Alternative minimum tax credit   233     297  
  Deferred revenue   1,884     3,978  
  Property and equipment   2,059     2,006  
  Net operating loss carryforwards – domestic   39,541     36,445  
  Other       60  
      44,243     43,384  
  Valuation allowance   (17,497 )   (17,026 )
    Total noncurrent deferred tax assets $ 26,746   $ 26,358  

 

 

 

The components of the income tax expense (benefit) are as follows (in thousands):

 

Year Ended December 31,

 

2011

2012

2013

Current income tax expense (benefit):                  
  Federal $ 37   $ 41   $ 95  
  State   90     140     62  
  Foreign   38     33     26  
    Total current expense (benefit)   165     214     183  
Deferred income tax expense (benefit):                  
  Federal   977     560     (583 )
  State   79     46     (54 )
  Foreign            
    Total deferred expense (benefit)   1,056     606     (637 )
     Total income tax expense (benefit) $ 1,221   $ 820   $ (454 )
                           

 

The Company's income tax expense (benefit) relating to income (loss) for the periods presented differs from the amounts that would result from applying the federal statutory rate to that income (loss) as follows:

 

Year Ended December 31,

 

2011

2012

2013

   
Statutory federal tax rate   34 %   34 %   34 %
State income taxes, net of federal benefit   3 %   4 %   3 %
Non-controlling interest in Heska Imaging US, LLC           6  %
Other permanent differences   3 %   6 %   (10 ) %
Change in tax rate   (4 ) %   (1 ) %   %
Foreign rate difference   (1 ) %   (1 ) %   (1 ) %
Change in valuation allowance   (137 ) %   (638 ) %   (13 ) %
Other   138 %   637 %   13 %
Effective income tax rate   36 %   41 %   33 %

 

ASC 740 provides detailed guidance for the financial statement recognition, measurement and disclosure of uncertain tax positions recognized in the financial statements. Tax positions must meet a "more-likely-than-not" recognition threshold before a benefit is recognized in the financial statements. As of December 31, 2013, the Company has not recorded a liability for uncertain tax positions. The Company would recognize interest and penalties related to uncertain tax positions in income tax (benefit)/expense. No interest and penalties related to uncertain tax positions were accrued at December 31, 2013.