Income Taxes

The components of the income tax provision (benefit) were as follows (in thousands):



	Year Ended September 30,
	2017			2016			2015
Current:
Federal	$	(7,782	)	$	(1,395	)	$	2,638
State	(101		)	449			699
Foreign	350			899			(306		)
	(7,533		)	(47		)	3,031
Deferred:
Federal	392			1,923			3,296
State	(515		)	47			420
Foreign	223			360			6,805
	100			2,330			10,521
Total income tax provision (benefit)	$	(7,433	)	$	2,283		$	13,552

Income (loss) before income taxes was as follows (in thousands):



	Year Ended September 30,
	2017			2016		2015
U.S.	$	(19,932	)	$	5,087	$	33,549
Other than U.S.	3,013			12,706		(10,558		)
Income (loss) before income taxes	$	(16,919	)	$	17,793	$	22,991

A reconciliation of the statutory U.S. income tax rate and the effective income tax rate, as computed on earnings before income tax provision in each of the three years presented in the Consolidated Statements of Operations, was as follows:



	Year Ended September 30,
	2017		2016		2015
Statutory rate	35	%	35	%	35	%
State income taxes, net of federal benefit	2		2		3
Research and development credit	9		(8	)	(21	)
Foreign rate differential	2		(8	)	4
Domestic production activities deduction	—		—		(3	)
Foreign valuation allowance	2		(11	)	43
NOL carryback impact on deductions	(4	)	—		—
Other	(2	)	3		(2	)
Effective rate	44	%	13	%	59	%

Our income tax provision (benefit) reflects an effective tax rate on pre-tax earnings of 44% in Fiscal 2017 compared to 13% and 59% in Fiscal 2016 and 2015, respectively. The effective tax rate for Fiscal 2017 was favorably impacted by the lower tax rate in the U.K., the relative amounts of income/loss recognized in various jurisdictions, the utilization of net operating loss carryforwards in Canada that have been fully reserved with a valuation allowance, as well as $0.9 million of discrete items recognized during the year, primarily related to the Research and Development Tax Credit (R&D Tax Credit). The effective tax rate for Fiscal 2016 was favorably impacted by the statutory tax rates in the U.K. and Canada and the relative amounts of income earned in those jurisdictions, as well as the utilization of net operating loss carryforwards mentioned above. Additionally, the effective tax rate for Fiscal 2016 was favorably impacted by a $0.8 million discrete item recorded in the first quarter of Fiscal 2016 related to the retroactive reinstatement of the R&D Tax Credit for the previously expired period from January 1, 2015 to September 30, 2015. The effective tax rate for Fiscal 2015 was adversely impacted by the establishment of a valuation allowance against our Canadian deferred tax assets during the second quarter of Fiscal 2015. This was partially offset by the release of a $4.1 million FIN 48 reserve related to the R&D Tax Credit upon closing an IRS audit. We also recorded a $0.6 million discrete item in Fiscal 2015 that was related to the retroactive reinstatement of the R&D Tax Credit referred to above.

We have not recorded deferred income taxes on $22.2 million of undistributed earnings of our foreign subsidiaries because of management’s intent to indefinitely reinvest such earnings. Upon distribution of these earnings in the form of dividends or otherwise, we may be subject to U.S. income taxes and foreign withholding taxes. It is not practical, however, to estimate the amount of taxes that may be payable on the eventual remittance of these earnings.

We are subject to income tax in the U.S., multiple state jurisdictions and certain international jurisdictions, primarily the U.K. and Canada. We do not consider any state in which we do business to be a major tax jurisdiction. We remain open to examination in the other jurisdictions as follows: Canada 2012 – 2016, United Kingdom 2015 – 2016 and the United States 2013, 2015 and 2016.

The net deferred income tax asset was comprised of the following (in thousands):



	September 30,
	2017			2016
Current deferred income taxes:
Gross assets	$	3,978		$	4,384
Gross liabilities and valuation allowance	(439		)	(378		)
Net current deferred income tax asset	3,539			4,006
Noncurrent deferred income taxes:
Gross assets	18,559			16,170
Gross liabilities and valuation allowance	(18,330		)	(16,308		)
Net noncurrent deferred income tax asset (liability)	229			(138		)
Net deferred income tax asset	$	3,768		$	3,868

The tax effect of temporary differences between U.S. GAAP accounting and federal income tax accounting creating deferred income tax assets and liabilities was as follows (in thousands):



	September 30,
	2017			2016
Deferred Tax Assets:
Net operating income/loss	$	11,823		$	10,453
Uniform capitalization and inventory	1,432			1,596
Deferred compensation	2,009			1,853
Stock-based compensation	1,094			760
Reserve for accrued employee benefits	1,208			1,679
Warranty accrual	892			1,388
Goodwill	64			345
Postretirement benefits liability	264			503
Allowance for doubtful accounts	14			220
Accrued legal	435			294
Credit carryforwards	3,258			1,292
Other	44			171
Deferred tax assets	22,537			20,554
Deferred Tax Liabilities:
Depreciation and amortization	(10,002		)	(8,247		)
Deferred tax liabilities	(10,002		)	(8,247		)
Less: valuation allowance	(8,767		)	(8,439		)
Net deferred tax asset	$	3,768		$	3,868

During Fiscal 2015, we established a valuation allowance in the amount of $9.3 million against Canadian net deferred tax assets. In assessing the realizability of net deferred tax assets, we consider whether it is more likely than not that some portion or all of the net deferred tax assets may not be realized. The ultimate realization of net deferred tax assets is dependent on the generation of future taxable income during the periods in which those temporary differences become deductible. Due to the historical Canadian losses, and the losses that we projected at the time of determination, we were required under the more-likely-than-not accounting standard to record a valuation allowance against the Canadian net deferred tax assets because we anticipated that we may not be able to realize the benefits of the net operating loss carryforwards and other deductible differences. At September 30, 2017, the valuation allowance of $8.8 million was primarily related to these Canadian net deferred tax assets.

A rollforward of the valuation allowance for the past three years is summarized below:



Balance at September 30, 2014	$	903
Charged to cost and expenses	10,048
Charged to other accounts	(895		)
Balance at September 30, 2015	$	10,056
Charged to cost and expenses	(1,934		)
Charged to other accounts	317
Balance at September 30, 2016	$	8,439
Charged to cost and expenses	(260		)
Charged to other accounts	588
Balance at September 30, 2017	$	8,767

A reconciliation of the beginning and ending amount of the unrecognized tax benefits follows (in thousands):



	Year Ended September 30,
	2017			2016			2015
Balance at beginning of period	$	1,046		$	784		$	4,026
Increases related to tax positions taken during the current period	179			293			954
Increases related to tax positions taken during a prior period	338			—			2
Decreases related to expiration of statute of limitations	—			(31		)	(49		)
Decreases related to settlement with taxing authorities	(344		)	—			(4,149		)
Balance at end of period	$	1,219		$	1,046		$	784

Our continuing policy is to recognize interest and penalties related to income tax matters as tax expense. The amount of interest and penalty expense recorded for the year ended September 30, 2017 was not material.

During Fiscal 2013, prior year U.S. federal income tax returns were amended to reflect increased R&D Credits and unrecognized tax benefits related to these refund claims were recorded. These amended returns, along with the refund claims, were subject to an Internal Revenue Service audit which was closed during the second quarter of Fiscal 2015, resulting in a $4.1 million tax benefit. Due to the expiration of certain federal statutes of limitations, management believes that, within the next 12 months, it is reasonably possible that the unrecognized tax benefits will decrease by approximately 11%.

Management believes that an adequate provision has been made for any adjustments that may result from tax examinations. However, the outcome of tax audits cannot be predicted with certainty. If any issues addressed in our tax audits are resolved in a manner not consistent with management’s expectations, we could be required to adjust our provision for income tax in the period such resolution occurs.