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Note 10 - Income Taxes
12 Months Ended
Jun. 30, 2018
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
10.
Income Taxes
 
On
December 22, 2017,
the Tax Cuts and Jobs Act (the “Act” or “TCJA”) was passed which, among other things, reduces the federal corporate tax rate to
21.0%
effective for taxable years starting on or after
January 1, 2018.
For the year ending
June 30, 2018,
the Company recorded federal taxes using a blended federal rate of
28.0%.
During the quarter ended
December 31, 2017 (
Q2
FY2018
), the Company reported provisional amounts for the toll/transition tax and the change in the U.S. deferred tax. Pursuant to SEC guidance provided in Staff Accounting Bulletin
No.
118,
the Company is utilizing the measurement period approach for the income tax effects of tax reform for which the accounting is incomplete and expects to complete process in
FY19
as the
FY18
tax returns are finalized.
 
During the
fourth
quarter of
2018,
the Company updated the impact of the tax law as follows:
 
The Company recorded provision for income taxes of
$56
thousand during the quarter due to a revaluation of the Company's estimated deferred tax assets as of
December 31, 2017.
The increase was a result of a change in the current year activity from the prior quarter for a total year-to date impact of approximately
$1.34
million.
 
The Company has recorded a tax benefit of approximately
$1.49
million to its provision for income taxes during the quarter related to a mandatory deemed repatriation of foreign earnings. This amount includes a state tax benefit of
$.54
million based on updated state guidance for a year-to date impact of approximately
$11.7
million. This amount
may
change when the Company finalizes the calculation of post-
1986
foreign E&P previously deferred from U.S. federal taxation. In addition, further interpretations of the TCJA from U.S. federal and state governments and regulatory organizations
may
change the provisional tax liability or the accounting treatment of the provisional tax liability. Under the Act, the Company is permitted to pay this tax over an
eight
-year period commencing with the due date of the
2018
tax return.  
 
Since these provisions during the quarter are still based on estimates, the Company will continue to measure the impact of these areas and record any changes in subsequent quarters when information and guidance become available.  
 
Other law changes implemented by the Act such as the repeal of the Section
199
manufacturing deduction, changes to the calculation for Section
162
(m) executive compensation deduction, interest deduction limitation and Global Intangible Low Taxed Income (GILTI), and others will
not
have any impact on the Company until the fiscal year ending
June 30, 2019.
As allowed under US GAAP, the Company has elected to treat any taxes due on future U.S. inclusions in taxable income under the GILTI provision as a current-period expense when incurred. The Company will continue to monitor guidance regarding these changes for how it will impact the financial statements in later periods.
 
In addition, as a result of the Tax Reform change on US federal taxation on cash repatriation, current US debts levels and updated cash flow planning, the Company has changed its position on reinvestment of foreign earnings in several foreign jurisdictions. As a result, the Company has recorded a tax provision of approximately
$7.8
million during the quarter related to the anticipated foreign withholding taxes and state taxes on future cash repatriation.
 
The components of income from continuing operations before income taxes are as follows (in thousands):
 
 
   
2018
   
2017
   
2016
 
U.S. Operations
  $
7,525
    $
16,257
    $
23,996
 
Non-U.S. Operations
   
69,727
     
45,675
     
44,529
 
Total
  $
77,252
    $
61,932
    $
68,525
 
 
 
 
The Company utilizes the asset and liability method of accounting for income taxes. Deferred income taxes are determined based on the estimated future tax effects of differences between the financial and tax bases of assets and liabilities given the provisions of the enacted tax laws. The components of the provision for income taxes on continuing operations (in thousands) were as shown below:
 
 
   
2018
   
2017
   
2016
 
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
  $
11,057
    $
2,229
    $
11,014
 
State
   
498
     
230
     
523
 
Non-U.S.
   
21,674
     
13,017
     
11,514
 
Total Current
   
33,229
     
15,476
     
23,051
 
Deferred:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
  $
2,012
    $
2,141
    $
(5,214
)
State
   
1,091
     
(290
)    
(1,060
)
Non-U.S.
   
4,288
     
(1,972
)    
(482
)
Total Deferred
   
7,391
     
(121
)    
(6,756
)
Total
  $
40,620
    $
15,355
    $
16,295
 
 
A reconciliation from the U.S. Federal income tax rate on continuing operations to the total tax provision is as follows:
 
   
2018
   
2017
   
2016
 
Provision at statutory tax rate
   
28.0
%    
35.0
%    
35.0
%
State taxes
   
1.5
%    
(0.1
%)    
(0.5
%)
Impact of foreign operations
   
(0.9
%)    
(8.0
%)    
(6.7
%)
Federal tax credits
   
(1.2
%)    
(1.3
%)    
(1.8
%)
Tax Reform
   
16.7
%    
0.0
%    
0.0
%
Cash repatriation
   
9.5
%    
0.0
%    
0.0
%
Contributions, net
   
0.0
%    
0.0
%    
(1.3
%)
Other
   
(1.0
%)    
(0.8
%)    
(0.9
%)
Effective income tax provision
   
52.6
%    
24.8
%    
23.8
%
 
Due to the effective date of the Act’s rate reduction on our fiscal year, the Company recorded a blended statutory rate for the year ended
June 30, 2018.
 
Changes in the effective tax rates from period to period
may
be significant as they depend on many factors including, but
not
limited to, size of the Company’s income or loss and any
one
-time activities occurring during the period.
 
The Company's income tax provision from continuing operations for the fiscal year ended
June 30, 2018
was impacted by the following items: (i) a tax provision related to the impact of the Sec.
965
toll tax of
$11.7
million, (ii) a tax provision related to a revaluation of deferred taxes due to the federal rate reduction of
$1.3
million, and (iii) a tax provision related to expected foreign withholding taxes on cash repatriation of
$7.8
million.
 
The Company's income tax provision from continuing operations for the fiscal year ended
June 30, 2017
was impacted by the following items: (i) a benefit of
$0.6
million related to the R&D tax credit, and (ii) a benefit of
$5.3
million due to the mix of income earned in jurisdictions with beneficial tax rates.
 
The Company's income tax provision from continuing operations for the fiscal year ended
June 30, 2016
was impacted by the following items: (i) a net benefit of
$0.9
million related to a bargain-sale of idle property to a charitable organization, and (ii) a benefit of
$0.7
million related to the R&D tax credit, and (iii) a benefit of
$4.9
million due to the mix of income earned in jurisdictions with beneficial tax rates.
 
Significant components of the Company’s deferred income taxes are as follows (in thousands):
 
   
2018
   
2017
 
Deferred tax liabilities:
               
Depreciation and amortization
  $
(39,775
)   $
(55,041
)
Withholding Taxes
   
(7,833
)    
-
 
Other
   
-
     
-
 
Total deferred tax liability
  $
(47,608
)   $
(55,041
)
                 
Deferred tax assets:
               
Accrued compensation
  $
2,657
    $
4,127
 
Accrued expenses and reserves
   
4,808
     
6,886
 
Pension
   
13,522
     
26,309
 
Inventory
   
1,613
     
2,677
 
Other
   
452
     
939
 
Net operating loss and credit carry forwards
   
8,668
     
6,773
 
Total deferred tax asset
  $
31,720
    $
47,711
 
                 
Less: Valuation allowance
   
(3,482
)    
(1,530
)
Net deferred tax asset (liability)
  $
(19,370
)   $
(8,860
)
 
 
The Company estimates the degree to which deferred tax assets, including net operating loss and credit carry forwards will result in a benefit based on expected profitability by tax jurisdiction and provides a valuation allowance for tax assets and loss carry forwards that it believes will more likely than
not
go unrealized. The valuation allowance at
June 30, 2018
applies to state and foreign loss carry forwards, which management has concluded that it is more likely than
not
that these tax benefits will
not
be realized. The increase (decrease) in the valuation allowance from the prior year was due to the current year activity in those same state and foreign loss jurisdictions.
 
As of
June 30, 2018,
the Company had gross state net operating loss ("NOL") and credit carry forwards of approximately
$61.6
million and
$2.5
million, respectively, which
may
be available to offset future state income tax liabilities and expire at various dates from
2018
through
2037.
In addition, the Company had foreign NOL carry forwards of approximately
$3.1
million,
$2.4
million of which carry forward indefinitely and
$0.7
million that carry forward for
10
years.
 
 
Under ASU
2016
-
09,
Improvements to Employee Share-Based Payment Accounting
, all excess tax benefits and tax deficiencies are recognized as income tax expense or benefit in the income statement. Accordingly, we recorded discrete income tax benefits in the consolidated statements of income of
$395
during the fiscal year ended
June 30, 2018,
for excess tax benefits related to equity compensation.
 
As a result of the tax reform law passed on
December 22, 2017,
undistributed foreign earnings were subject to the U.S.
one
-time mandatory transition tax and are eligible to be repatriated to the U.S. without additional U.S. tax under the Tax Act and companies are now eligible to receive
100
percent dividend received deduction for foreign dividends. However, the permanent reinvestment assertion must still be assessed and made regarding potential liabilities for foreign withholding taxes. Historically, we have
not
provided deferred taxes on the cumulative undistributed earnings of our foreign subsidiaries as theses were deemed to be permanently reinvested. As of
June 30, 2018,
we reassessed our position regarding our permanent reinvestment in various foreign jurisdictions. As a result, we determined that assessment of previously undistributed earnings of certain foreign subsidiaries
no
longer meet the requirements for indefinite reinvestment under applicable accounting guidance. Therefore, we recognized deferred tax liabilities of approximately
$4.2
million that relate to foreign withholding taxes on these earnings. In addition, we have determined that current earnings from several foreign jurisdictions will
no
longer be reinvested. As such the Company has recorded deferred tax liabilities of approximately
$3.1
million related to foreign withholding taxes on these current year earnings. It is expected deferred tax liabilities will continue to be recorded on current earnings in future periods from these jurisdictions. Lastly, the Company maintains its permanent reinvestment on earnings in certain foreign jurisdictions. If repatriated, these earnings would generate a tax liability of approximately
$1.8
million.
 
The total provision for income taxes included in the consolidated financial statements was as follows (in thousands):
 
   
2018
   
2017
   
2016
 
Continuing operations
  $
40,620
    $
15,355
    $
16,295
 
Discontinued operations
   
(15
)    
(27
)    
(55
)
Total Provision
  $
40,605
    $
15,328
    $
16,240
 
 
The changes in the amount of gross unrecognized tax benefits during
2018,
2017
and
2016
were as follows (in thousands):
 
   
2018
   
2017
   
2016
 
Beginning Balance
  $
2,991
    $
2,978
    $
1,054
 
Additions based on tax positions related to the current year
   
12
     
12
     
2,125
 
Additions for tax positions of prior years
   
-
     
1
     
-
 
Reductions for tax positions of prior years
   
-
     
-
     
(201
)
Ending Balance
  $
3,003
    $
2,991
    $
2,978
 
 
If the unrecognized tax benefits in the table above were recognized in a future period,
$2.5
million of the unrecognized tax benefit would impact the Company’s effective tax rate.
 
Within the next
twelve
months, the statute of limitations will close in various U.S., state and non-U.S. jurisdictions. As a result, it is reasonably expected that net unrecognized tax benefits from these various jurisdictions would be recognized within the next
twelve
months. The recognition of these tax benefits is
not
expected to have a material impact to the Company's financial statements. The Company does
not
reasonably expect any other significant changes in the next
twelve
months. The following tax years, in the major tax jurisdictions noted, are open for assessment or refund:
 
Country
 
Years Ending June 30,
 
United States
   
2015
to
2018
 
Canada
   
2014
to
2018
 
Germany
   
2016
to
2018
 
Ireland
   
2016
to
2018
 
Portugal
   
2014
to
2018
 
United Kingdom
   
2016
to
2018
 
 
The Company’s policy is to include interest expense and penalties related to unrecognized tax benefits within the provision for income taxes on the consolidated statements of operations. At both
June 30, 2018
and
June 30, 2017,
the company had less than
$0.1
million for accrued interest expense on unrecognized tax benefits.