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Note 14 - Income Taxes
12 Months Ended
Dec. 31, 2018
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
14.
      INCOME TAXES
 
Consolidated loss before income taxes consisted of the following:
 
(In thousands)
 
For the Years Ended December 31,
 
   
2018
   
2017
   
2016
 
U.S. operations
  $
(5,187
)
  $
(7,420
)
  $
(8,442
)
Foreign operations
   
(12,344
)
   
(6,775
)
   
1,214
 
(Loss) before income taxes
  $
(17,531
)
  $
(14,195
)
  $
(7,228
)
 
 
The income tax (benefit) expense consisted of the following:
 
(In thousands)
 
For the Years Ended December 31,
 
   
2018
   
2017
   
2016
 
Current:
                       
Federal
  $
    $
    $
 
State and local
   
81
     
60
     
81
 
Foreign
   
65
     
101
     
64
 
Total current provision
   
146
     
161
     
145
 
Deferred:
                       
Federal
   
     
(887
)
   
 
State and local
   
     
     
 
Foreign
   
(352
)
   
(880
)
   
(107
)
Total deferred (benefit)
   
(352
)
   
(1,767
)
   
(107
)
Total income tax (benefit) expense
  $
(206
)
  $
(1,606
)
  $
38
 
 
 
The following table provides a reconciliation of the federal statutory tax rate to the recorded tax provision (benefit):
 
(In thousands)
 
For the Years Ended December 31,
 
   
2018
   
2017
   
2016
 
Computed federal income taxes at the statutory rate (benefit)
  $
(3,681
)
  $
(4,826
)
  $
(2,457
)
State income taxes (net of federal benefit)
   
63
     
39
     
53
 
Permanent tax differences
   
(122
)
   
(262
)
   
(415
)
Foreign tax rates and tax credits differing from USA
   
763
     
887
     
4
 
Purchased goodwill impairment
   
828
     
1,072
     
 
Research and development credits
   
(202
)
   
     
 
Net operating loss and other adjustment
   
(717
)
   
(256
)
   
216
 
Change in enacted tax rates applied to foreign deferred taxes
   
242
     
122
     
(38
)
Change in valuation allowance
   
2,620
     
2,505
     
2,675
 
Change in enacted tax rates applied to USA deferred taxes
   
     
(887
)
   
 
Total income tax (benefit) provision
  $
(206
)
  $
(1,606
)
  $
38
 
 
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 are as follows:
 
(In thousands)
 
As of December 31,
 
   
2018
   
2017
 
Deferred tax assets:
               
Net operating loss carryforwards
  $
19,754
    $
16,905
 
Contribution and other carryforwards
   
197
     
218
 
Inventory and accounts receivable reserves
   
668
     
549
 
Other
   
578
     
676
 
Valuation allowance
   
(20,281
)
   
(17,662
)
Deferred tax assets after valuation allowance
   
916
     
686
 
Deferred tax liabilities
               
Intangible assets
   
(2,765
)
   
(2,914
)
Property, plant and equipment
   
(73
)
   
(186
)
Total deferred tax liabilities
   
(2,838
)
   
(3,100
)
Net deferred tax liabilities
  $
(1,922
)
  $
(2,414
)
 
 
The Company adopted the provisions of ASU
2015
-
17
in
2015.
ASU
2015
-
17
requires that all deferred tax assets and liabilities be classified as noncurrent on the balance sheet. The net deferred tax liability is recorded as follows:
 
(In thousands)
 
As of December 31,
 
   
2018
   
2017
 
Noncurrent deferred tax assets
  $
    $
 
Noncurrent deferred tax liability
   
(1,922
)
   
(2,414
)
Net deferred tax liability
  $
(1,922
)
  $
(2,414
)
 
 
The Company’s consolidated gross deferred tax liability relates to intangibles recorded in connection with prior acquisitions. As of
December 
31,
2018,
approximately
$1.9
million of the liability relates to indefinite-lived intangibles, which will only reverse at the time of ultimate sale or impairment of the underlying intangible assets. Additionally,
$0.8
million of the deferred tax liability relates to finite-lived intangibles as a result of a foreign acquisition, which reverses as the intangibles are amortized.
 
As of
December 
31,
2018
and
2017,
the Company recorded a consolidated valuation allowance of
$20.3
million and
$17.7
million, respectively. During the years ended
December 
31,
2018,
2017
and
2016,
the Company recorded an increase in valuation allowance of
$2.6
million, a decrease in valuation allowance of
$5.8
million, and an increase in valuation allowance of
$2.7
million, respectively. The Company has provided for a full valuation on existing deferred tax assets in the United States and United Kingdom. Prior to
2018,
the valuation allowance was on the deferred tax assets of the United States only. As of
December 
31,
2018,
the Company has available federal, state and foreign net operating loss carry forwards of approximately
$67.8
million,
$62.8
million, and
$2.2
million respectively, which the federal and state net operating loss carry-forwards will expire between
2019
and
2038.
Our ability to utilize federal net operating loss (NOL) carry-forwards to reduce future taxable income
may
be limited under Section
382
of the Internal Revenue Code if certain ownership changes in our company occur during a rolling
three
-year period.  If such ownership changes by
5
-percent-shareholders result in aggregate increases that exceed
50
percentage points during the
three
-year period, then Section
382
imposes an annual limitation on the amount of our taxable income that
may
be offset by the federal NOL carry forwards or tax credit carry-forwards at the time of ownership change.
 
CUI Global files consolidated income tax returns with its domestic subsidiaries for federal and many state jurisdictions in addition to separate subsidiary income tax returns in Canada, Japan, and the United Kingdom. As of
December 
31,
2018,
the Company is
not
under examination by any income tax jurisdiction. The Company is
no
longer subject to examination in the USA for years prior to
2015.
 
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,
2018,
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.
 
On
December 22, 2017,
the USA passed sweeping tax legislation, which reduced the federal corporate tax rate for years beginning after
December 31, 2017
to a flat
21%
(with an approximate
5%
state tax effect) in addition to requiring the deemed repatriation of all foreign undistributed earnings. As such, as of
December 22, 2017,
the Company restated existing USA deferred tax assets and liabilities to
26%
resulting in a net income tax benefit of approximately
$887
thousand. As of
December 31, 2017,
the Company does
not
have any undistributed foreign earnings subject to deemed repatriation. The Company has
no
plans to repatriate any excess cash balances which
may
be available from its foreign subsidiaries in the foreseeable future. The new tax provisions surrounding the repatriation of foreign earnings are extremely complex and
may
require further evaluation to determine the correct reporting and inclusion for USA purposes. The Company does
not
anticipate any material changes to the amounts determined as of
December 31, 2017.
 
The Company adopted ASU
2016
-
09,
 
Compensation - Stock Compensation (Topic
718
)
 effective
January 1, 2017
on a modified retrospective basis, whereby a cumulative-effect adjustment to equity as of the beginning of the period is required. Upon evaluation,
no
adjustment was required as of
January 1, 2017.