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INCOME TAXES
12 Months Ended
Dec. 31, 2014
Income Tax Disclosure [Abstract]  
INCOME TAXES
15.          INCOME TAXES
Consolidated income (loss) before income taxes for the years ended December 31, 2014, 2013 and 2012 consisted of the following:
 
 
 
2014
 
2013
 
2012
 
U.S. operations
 
$
(869,973)
 
$
(1,342,324)
 
$
(2,545,711)
 
Foreign operations
 
 
(2,657,479)
 
 
767
 
 
53,104
 
(Loss) before income tax
 
$
(3,527,452)
 
$
(1,341,557)
 
$
(2,492,607)
 
 
The income tax provision (benefit) for the years ended December 31, 2014, 2013 and 2012 consisted of the following:
 
 
 
2014
 
2013
 
2012
 
Current:
 
 
 
 
 
 
 
 
 
 
Federal
 
$
-
 
$
-
 
$
-
 
State and local
 
 
28,959
 
 
34,514
 
 
31,495
 
Foreign
 
 
(80,956)
 
 
382,604
 
 
2,219
 
Total current provision (benefit)
 
 
(51,997)
 
 
417,118
 
 
33,714
 
Deferred:
 
 
 
 
 
 
 
 
 
 
Federal
 
 
-
 
 
-
 
 
-
 
State and local
 
 
-
 
 
-
 
 
-
 
Foreign
 
 
(674,177)
 
 
(815,562)
 
 
-
 
Total deferred provision (benefit)
 
 
(674,177)
 
 
(815,562)
 
 
-
 
Total income tax provision (benefit)
 
$
(726,174)
 
$
(398,444)
 
$
33,714
 
 
The following table provides a reconciliation of the federal statutory tax at  34% to the recorded tax provision (benefit) for the years ended December 31, 2014, 2013 and 2012, respectively:
 
 
 
2014
 
2013
 
2012
 
Computed federal income taxes at the statutory rate (benefit)
 
$
(1,199,334)
 
$
(456,129)
 
$
(847,486)
 
State income taxes (net of federal benefit)
 
 
19,113
 
 
22,779
 
 
20,787
 
Permanent tax differences
 
 
(345,640)
 
 
48,905
 
 
38,256
 
Foreign tax rates and tax credits differing from USA
 
 
501,760
 
 
(144,999)
 
 
-
 
Change in enacted tax rates applied to foreign deferred taxes
 
 
-
 
 
(379,236)
 
 
-
 
Change in valuation allowance
 
 
297,927
 
 
510,236
 
 
822,157
 
Total income tax provision (benefit)
 
$
(726,174)
 
$
(398,444)
 
$
33,714
 
 
The Company accounts for income taxes under the asset-liability method. 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. Valuation allowances are provided when it is “more likely than not” that the benefits of existing deferred tax assets will not be realized in a future period. Significant components of the Company’s deferred tax assets and liabilities as of December 31, 2014, 2013 and 2012, respectively, are as follows:
 
 
 
2014
 
2013
(revised)
 
Deferred tax assets:
 
 
 
 
 
 
 
Net operating loss carryforwards
 
$
17,102,334
 
$
17,068,113
 
Property, plant and equipment
 
 
68,289
 
 
134,805
 
Contribution and other carryforwards
 
 
319,199
 
 
249,274
 
Inventory and accounts receivable reserves
 
 
354,484
 
 
398,593
 
Other
 
 
825,859
 
 
601,880
 
Valuation allowance
 
 
(18,553,658)
 
 
(18,255,731)
 
Deferred tax assets after valuation allowance
 
 
116,507
 
 
196,934
 
 
 
 
 
 
 
 
 
Deferred tax liabilities:
 
 
 
 
 
 
 
Intangible Assets
 
 
(5,212,570)
 
 
(6,108,826)
 
Total deferred tax liabilities
 
 
(5,212,570)
 
 
(6,108,826)
 
 
 
 
 
 
 
 
 
Net deferred tax liabilities
 
$
(5,096,063)
 
$
(5,911,892)
 
 
As of December 31, 2014 and 2013, the Company recorded a valuation allowance of $18.6 million and $18.3 million, respectively. During the years ended December 31, 2014, 2013 and 2012, the Company recorded a change in valuation allowance of $0.3 million, $0.5 million and $0.8 million, respectively.   The Company has provided for a full valuation on existing deferred tax assets in the United States.  As of December 31, 2014 and 2013 the Company’s deferred tax liability for USA purposes is approximately $2.8M and $2.8M, respectively related to basis differences for indefinite lived intangibles recorded for a prior US acquisition.  As of December 31, 2014 and 2013 the Company’s net deferred tax liability for foreign purposes is approximately $2.3 and $3.1, respectively related to basis differences for assets recorded for a prior foreign acquisition. As of December 31, 2014, the Company has available federal and state net operating loss carry forwards of approximately $44.6 million and $44.7 million, respectively, which have various expiration dates beginning in 2018 through 2034.
 
The Company files consolidated income tax returns for federal and many state jurisdictions in addition to separate subsidiary income tax returns in Japan and the United Kingdom.  As of December 31, 2014, the Company is not under examination by any income tax jurisdiction.  The Company is no longer subject to examination for years prior to 2011.
 
The Company accounts for income tax uncertainties using a threshold of "more-likely-than-not" in accordance with the provisions of ASC Topic 740, Income Taxes ("ASC 740").  As of December 31, 2014, the Company has reviewed all of its tax filings and positions taken on its returns and has not identified any material current or future effect on its consolidated results of operations, cash flows or financial position.  As such, the Company has not recorded any tax, penalties or interest on tax uncertainties.  It is Company policy to record any interest on tax uncertainties as a component of income tax expense.
 
The Company has immaterial amounts of undistributed earnings of foreign subsidiaries at December 31, 2014 for which no deferred taxes have been provided.  Such earnings are considered indefinitely invested outside of the United States.  If these earnings were repatriated to the United States, the earnings would be subject to U.S. taxation.  The amount of the unrecognized deferred tax liability associated with the undistributed earnings is immaterial as of December 31, 2014.  Any unrecognized deferred tax liability would approximate the excess of the U.S. tax liability over the amount of creditable foreign taxes paid that would result from a full remittance of undistributed earnings.
 
During 2014, management identified an error related to the recognition of deferred tax temporary differences from a non-taxable acquisition of a business during 2008. Under ASC 850, fair value was allocated to the acquired assets, including identifiable intangibles, and liabilities with the excess of the purchase price over fair value recorded as goodwill. For tax purposes, the historical tax basis were retained from the acquisition thus creating temporary tax differences. Under ASC 750, deferred taxes were required to be recorded for tax temporary differences as a result of the acquisition.
 
During 2014, management identified a portion of the acquired identifiable indefinite-lived intangibles related to the 2008 acquisition for which no deferred tax liabilities were recognized. In addition, management identified an error in its tax filings since 2008 related to overstated tax deductions for amortization on acquired intangibles and goodwill for which no tax basis existed. Management determined that the deductions overstated net operating loss carryforwards and the associated valuation allowance, which had been previously disclosed.
 
Management determined that the unrecognized deferred tax liability on identifiable indefinite-lived intangibles related to the 2008 acquisition was approximately $2.8 million. Accordingly the Company has revised its consolidated balance sheet as of January 1, 2012 by recording the $2.8 million deferred tax liability with the offset increasing the Company’s accumulated deficit since the effect of the correction relates to years prior to 2012. The consolidated balance sheets for December 31, 2013 and 2012 presented in the accompanying consolidated financial statements reflect this change. The result of this correction did not affect the Company’s consolidated statements of operations, comprehensive income and loss or cash flows for the years ended December 31, 2013 and 2012. Accordingly, management believes that the effect of the correction represents an immaterial adjustment to the accompanying consolidated financial statements at December 31, 2013 and 2012. Management made the revisions to the accompanying consolidated financial statements because recording the correction in 2014 would have been material to the consolidated statement of operations for the year ended December 31, 2014.
 
In addition, the Company determined that no impact other than disclosure would result from the correction of the overstated net operating loss carryforwards which have been subject to a full valuation allowance. The reversal of the overstated deferred tax assets representing net operating loss carryforwards, would be completely offset by a reduction in existing valuation allowances for the same previous years. The Company has revised its income tax footnote disclosure as of January 1, 2012, to reflect these revisions to its deferred tax assets, valuation allowance and deferred tax liabilities with the corresponding impact flowing through in subsequent disclosures.