Income Taxes

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



	Year Ended September 30,
	2018			2017			2016
Current:
Federal	$	973		$	(7,782	)	$	(1,395	)
State	201			(101		)	449
Foreign	449			350			899
	1,623			(7,533		)	(47		)
Deferred:
Federal	(1,834		)	392			1,923
State	(247		)	(515		)	47
Foreign	(89		)	223			360
	(2,170		)	100			2,330
Total income tax provision (benefit)	$	(547	)	$	(7,433	)	$	2,283

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



	Year Ended September 30,
	2018			2017			2016
U.S.	$	(2,103	)	$	(19,932	)	$	5,087
Other than U.S.	(5,596		)	3,013			12,706
Income (loss) before income taxes	$	(7,699	)	$	(16,919	)	$	17,793

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,
	2018		2017		2016
Statutory rate	25	%	35	%	35	%
State income taxes, net of federal benefit	(2	)	2		2
Research and development credit	9		9		(8	)
Foreign rate differential	1		2		(8	)
Foreign withholding	(3	)	—		—
Foreign valuation allowance	(20	)	2		(11	)
NOL carryback impact on deductions	—		(4	)	—
Deferred tax rate differential	(4	)	—		—
Other	1		(2	)	3
Effective rate	7	%	44	%	13	%

On December 22, 2017, the Tax Cuts and Jobs Act (the Act) was signed into law. The act lowers the corporate tax rate from 35% to 21% effective January 1, 2018. As a result, the U.S. federal statutory rate for Fiscal 2018 is a blended U.S. tax rate of 24.5%.

Our income tax provision (benefit) reflects an effective tax rate on pre-tax results of 7% in Fiscal 2018 compared to 44% and 13% in Fiscal 2017 and 2016, respectively. The effective rate for Fiscal 2018 was negatively impacted by the relative amounts of income/loss recognized in various jurisdictions as well as a foreign tax loss which is reserved with a valuation allowance. Additionally, we recorded deferred tax expense of $0.5 million due to the deferred tax rate differential related to the re-measurement of our U.S. deferred tax assets under the Act, which were not realized prior to the end of Fiscal 2018. 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 the various tax 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.

We have not recorded deferred income taxes on $21.1 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 – 2017, United Kingdom 2016 – 2017 and the United States 2013, and 2015 –2017.

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



	September 30,
	2018			2017
Current deferred income taxes:
Gross assets	$	—		$	3,978
Gross liabilities and valuation allowance	—			(439		)
Net current deferred income tax asset	—			3,539
Noncurrent deferred income taxes:
Gross assets	22,480			18,559
Gross liabilities and valuation allowance	(16,543		)	(18,330		)
Net noncurrent deferred income tax asset (liability)	5,937			229
Net deferred income tax asset	$	5,937		$	3,768

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,
	2018			2017
Deferred Tax Assets:
Net operating loss	$	13,444		$	11,823
Credit carryforwards	3,987			3,258
Deferred compensation	1,456			2,009
Uniform capitalization and inventory	1,043			1,432
Stock-based compensation	879			1,094
Reserve for accrued employee benefits	791			1,208
Warranty accrual	448			892
Accrued legal	154			435
Postretirement benefits liability	112			264
Allowance for doubtful accounts	—			14
Goodwill	54			64
Other	112			44
Deferred tax assets	22,480			22,537
Deferred Tax Liabilities:
Depreciation and amortization	(6,946		)	(10,002		)
Deferred tax liabilities	(6,946		)	(10,002		)
Less: valuation allowance	(9,597		)	(8,767		)
Net deferred tax asset	$	5,937		$	3,768

We have established a valuation allowance in the amount of $9.6 million primarily related to the 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.

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



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
Charged to cost and expenses	1,575
Charged to other accounts	(745		)
Balance at September 30, 2018	$	9,597

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



	Year Ended September 30,
	2018		2017			2016
Balance at beginning of period	$	1,219	$	1,046		$	784
Increases related to tax positions taken during the current period	180		179			293
Increases related to tax positions taken during a prior period	455		338			—
Decreases related to expiration of statute of limitations	—		—			(31		)
Decreases related to settlement with taxing authorities	—		(344		)	—
Balance at end of period	$	1,854	$	1,219		$	1,046

Our 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, 2018 was not material.

Due to the expiration of certain federal statutes of limitations and voluntary filings, management believes that, within the next 12 months, it is reasonably possible that the unrecognized tax benefits will decrease by approximately 22%.

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.