Income Taxes

9 Months Ended

Sep. 30, 2012

Income Taxes [Abstract]

Income Tax Disclosure [Text Block]

Note 10 – Income Taxes

In the third quarter of 2012, the Company recognized a current income tax recovery of $60, resulting in a year-to-date net current income tax recovery of $14. The Company also recognized a deferred income tax recovery of $578, resulting in a year-to-date net deferred tax recovery of $598. The deferred income tax recovery for the third quarter of 2012 is primarily due to the recognition of the tax benefit of available tax loss carry forwards generated in the third quarter that are more likely than not expected to be utilized against future income. The $27,204 net deferred income tax asset balance as at September 30, 2012 reflects the tax benefit of available tax loss carry forwards that are more likely than not expected to be utilized against future income. In the third quarter 2012 the Company recorded a deferred tax liability of $2,178 related to the intangible assets acquired through the Heritage Global Partners acquisition.

At September 30, 2012, the Company had available federal tax loss carryforwards of approximately $55,300 of unrestricted net operating tax losses and approximately $28,800 of restricted net operating tax losses. The net operating loss carryforwards expire between 2024 and 2029.

The Company’s utilization of restricted net operating tax loss carryforwards against future income for tax purposes is restricted pursuant to the “change in ownership” rules in Section 382 of the Internal Revenue Code. These rules, in general, provide that an ownership change occurs when the percentage shareholdings of 5% direct or indirect stockholders of a loss corporation have, in aggregate, increased by more than 50 percentage points during the immediately preceding three years.

Restrictions in net operating loss carryforwards occurred in 2001 as a result of the acquisition of the Company by Counsel. Further restrictions may have occurred as a result of subsequent changes in the share ownership and capital structure of the Company and Counsel and disposition of business interests by the Company. Pursuant to Section 382 of the Internal Revenue Code, the annual usage of the Company’s net operating loss carryforwards was limited to approximately $2,500 per annum until 2008 and $1,700 per annum thereafter. There is no certainty that the application of these “change in ownership” rules may not recur, resulting in further restrictions on the Company’s income tax loss carry forwards existing at a particular time. In addition, further restrictions, reductions in, or expiry of net operating loss and net capital loss carryforwards may occur through future merger, acquisition and/or disposition transactions or failure to continue a significant level of business activities. Any such additional limitations could require the Company to pay income taxes on its future earnings and record an income tax expense to the extent of such liability, despite the existence of such tax loss carryforwards. Furthermore, any such additional limitations may result in the Company having to reverse all or a portion of its deferred tax balance or set up a valuation allowance at such time.

The Company, until recently, has had a history of incurring annual tax losses, beginning in 1991. All loss taxation years remain open for audit pending the application of the respective tax losses against income in a subsequent taxation year. In general, the statute of limitations expires three years from the date that a company files a tax return applying prior year tax loss carryforwards against income for tax purposes in the later year. The Company applied historic tax loss carryforwards to offset income for tax purposes in 2008, 2010 and 2011, respectively. The 2009 through 2011 taxation years remain open for audit.

The Company is subject to state income tax in multiple jurisdictions. In most states, the Company does not have tax loss carryforwards available to shield income attributable to a particular state from being subject to tax in that particular state.