Note 11 - Income Taxes

12 Months Ended

Jun. 30, 2020

Notes to Financial Statements

Income Tax Disclosure [Text Block]

11. 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 years ended June 30, 2020 and 2019, the Company recorded federal taxes using a federal rate of 21.0%. 

The provision for fiscal year ending June 30, 2020 and 2019 was impacted by several law changes implemented by the Act such as the interest deduction limitation and Global Intangible Low Taxed Income (GILTI).  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.

US tax law allows a one-hundred percent dividend received deduction for foreign dividends and the Company has begun to bring back cash from foreign subsidiaries.  However, the permanent reinvestment assertion must still be assessed and made regarding potential liabilities for foreign withholding taxes.  As of June 30, 2020, we maintained the assessment that 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 $1.2 million that relate to withholding taxes on the current earnings of various foreign subsidiaries.  It is expected deferred tax liabilities will continue to be recorded on current earnings in future periods from these subsidiaries.  The Company maintains the permanent reinvestment assertion on earnings in certain foreign jurisdictions. It is not practicable to estimate the amount of tax that might be payable on the remaining undistributed earnings.

The components of income from continuing operations before income taxes are as follows (in thousands):

	2020		2019		2018
U.S. Operations	$	11,890	$	6,794	$	(1,334	)
Non-U.S. Operations		42,184		60,180		69,727
Total	$	54,074	$	66,974	$	68,393

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:

	2020			2019			2018
Current:
Federal	$	(870	)	$	648		$	8,710
State		70			190			251
Non-U.S.		13,963			21,288			21,674
Total Current	$	13,163		$	22,126		$	30,635
Deferred:
Federal	$	2,743		$	277		$	2,012
State		885			207			1,091
Non-U.S.		(3,731	)		(3,922	)		4,288
Total Deferred		(103	)		(3,438	)		7,391
Total	$	13,060		$	18,688		$	38,026

A reconciliation from the U.S. Federal income tax rate on continuing operations to the total tax provision is as follows:

	2020			2019			2018
Provision at statutory tax rate		21.0	%		21.0	%		28.0	%
State taxes		1.1	%		0.5	%		1.5	%
Impact of foreign operations		0.7	%		4.9	%		(1.1	%)
Federal tax credits		(3.5	%)		(1.5	%)		(1.4	%)
Tax Reform		0.0	%		(1.2	%)		18.8	%
Cash repatriation		2.2	%		3.2	%		10.7	%
SubF/GILTI		1.4	%		0.4	%		0.0	%
Uncertain Tax Positions		(1.3	%)		0.0	%		0.0	%
Other		2.7	%		0.6	%		(1.0	%)
Effective income tax provision		24.3	%		27.9	%		55.5	%

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, 2020 was impacted by the following items: (i) a tax benefit of $1.2 million related to the Federal R&D credit, (ii) a tax provision of $1.4 million due to the mix of income in various jurisdictions, (iii) a tax benefit of $0.7 million related to the release of uncertain tax provision reserves,, and (iv) a tax provision of $0.8 million related to GILTI.

The Company's income tax provision from continuing operations for the fiscal year ended June 30, 2019 was impacted by the following items: (i) a tax benefit related to the impact of the Sec. 965 toll tax of $0.8 million, (ii) a tax provision of $0.3 million related to the elimination of the performance based compensation exception for executive compensation under Sec. 162(m) of the Internal Revenue Code, and (iii) a tax provision related to expected foreign withholding taxes on cash repatriation of $2.1 million.

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.

Significant components of the Company’s deferred income taxes are as follows (in thousands):

	2020			2019
Deferred tax liabilities:
Depreciation and amortization	$	(34,422	)	$	(35,420	)
Withholding Taxes		(4,295	)		(5,606	)
ROU Asset		(11,384	)		-
Total deferred tax liability	$	(50,101	)	$	(41,026	)
Deferred tax assets:
Accrued compensation	$	2,410		$	2,280
Accrued expenses and reserves		4,117			3,967
Pension		19,847			18,228
Inventory		588			927
Lease Liability		11,446			-
Other		127			355
Net operating loss and credit carry forwards		22,676			17,939
Total deferred tax asset	$	61,211		$	43,696
Less: Valuation allowance		(15,172	)		(11,355	)
Net deferred tax asset (liability)	$	(4,062	)	$	(8,685	)

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, 2020 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.

In addition, the sale of the RSG Group in the fiscal year generated a capital loss for tax purposes.  As of June 30, 2020, the Company expects that it is more likely than not that this loss will not be realizable in future years.  As such, the valuation allowance increased by $1.8 million. 

As of June 30, 2020, the Company had gross state net operating loss ("NOL") and credit carry forwards of approximately $79.5 million and $3.4 million, respectively, which may be available to offset future state income tax liabilities and expire at various dates from 2020 through 2039. In addition, the Company had foreign NOL carry forwards of approximately $4.4 million, $3.5 million of which carry forward indefinitely and $0.9 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 a discrete income tax provision in the consolidated statements of income of $0.2 million during the fiscal year ended June 30, 2020, for the shortfall of tax benefits related to equity compensation.

The total provision (benefit) for income taxes included in the consolidated financial statements was as follows (in thousands):

	2020			2019			2018
Continuing operations	$	13,060		$	18,688		$	38,026
Discontinued operations		(2,613	)		(2,453	)		2,578
Total Provision	$	10,447		$	16,235		$	40,604

The tax benefit for discontinued operations relates mostly to the write-off of deferred tax liabilities from the sale of the RSG Group, and the sale of the assets of Master-Bilt.

The changes in the amount of gross unrecognized tax benefits during 2020, 2019 and 2018 were as follows (in thousands):

	2020			2019			2018
Beginning Balance	$	11,251		$	3,003		$	2,991
Additions based on tax positions related to the current year		4			4			12
Additions for tax positions of prior years		-			8,281			-
Reductions for tax positions of prior years		(1,641	)		(37	)		-
Settlements		(328	)		-			-
Ending Balance	$	9,286		$	11,251		$	3,003

The Company decreased its uncertain tax position in the third quarter due to an IRS settlement related to the deduction for charitable contributions.  

If the unrecognized tax benefits in the table above were recognized in a future period, $8.4 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	2017 to 2020
Canada	2016 to 2020
Germany	2017 to 2020
Ireland	2020
Portugal	2019 to 2020
United Kingdom	2016 to 2020

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 June 30, 2020 and June 30, 2019, the company had $0.1 million and $0.1 million for accrued interest expense on unrecognized tax benefits.