In December 2017, the President signed the U.S. Tax Cuts and Jobs Act (2017 Tax Act), which includes a broad range of provisions, many of which significantly differ from those contained in previous U.S. tax law. Changes in tax law are accounted for in the period of enactment. As such, the 2017 consolidated financial statements reflect the immediate tax effect of the 2017 Tax Act, which was enacted on December 22, 2017 (Enactment Date). The 2017 Tax Act contains several key provisions including, among other things:



The introduction of a new U.S. tax on certain off-shore earnings referred to as Global Intangible Low-Taxed Income (GILTI) at an effective tax rate of

10.5

% for tax years beginning after December 31, 2017 (increasing to

13.125

% for tax years beginning after December 31, 2025) with a partial offset by applicable foreign tax credits; and

	2018			2017
Current income tax expense:
Foreign	$	1,467		$	634
Federal		121			-
State and local		45			5
		1,633			639

Deferred income tax expense (benefit):
Foreign		312			(137	)
Federal		(139	)		(217	)
State and local		2			-
		175			(354	)

Provision for income taxes	$	1,808		$	285

	2018			2017

Federal income tax expense (benefit) at statutory rate		21.0	%		(34.0	)%
Effect of:
2017 Tax Act		(96.7	)		101.5
Foreign tax differential		23.0			5.8
Tax effects of foreign operations		46.6			33.8
Tax effects of foreign operations - permanent FX gains and losses		23.8			(11.6	)
Increase in unrecognized tax benefits (FIN48)		19.1			0.7
Withholding tax		6.7			-
State income tax, net of federal		2.0			0.1
Change in valuation allowance		58.6			(90.7	)
Permanent items		(4.7	)		-
Effective tax rate		99.4	%		5.6	%

	December 31,
	2018			2017

Deferred income tax assets:
Allowances not currently deductible	$	232		$	226
Depreciation and amortization		338			555
Equity compensation not currently deductible		775			441
Net operating loss carryforwards		5,089			4,597
Expenses not deductible until paid		769			1,142
Other		99			233
Total gross deferred income tax assets before valuation allowance		7,302			7,194
Valuation allowance		(6,098	)		(5,437	)
Deferred income tax assets, net		1,204			1,757

Deferred income tax liabilities:
Acquisition of MediaMiser		(356	)		(446	)
Other		(215	)		(168	)
Total deferred income tax liabilities		(571	)		(614	)

Net deferred income tax assets	$	633		$	1,143


Net deferred income tax asset		1,204			1,757
Net deferred income tax liability		(571	)		(614	)

Net deferred income tax assets	$	633		$	1,143

In assessing the realization of deferred tax assets, management considers whether it is more likely than not that all or some portion of the deferred tax assets will not be realizable. The ultimate realization of the deferred tax assets is dependent upon the generation of future taxable income during the periods in which temporary differences are deductible and net operating losses are available. As of December 31, 2018, the Company continues to maintain a valuation allowance on all U.S. and Canadian deferred tax assets.

The Company established a valuation allowance of approximately $6.1 million and $5.4 million at December 31, 2018 and 2017, respectively. The valuation allowance relates to U.S. deferred tax assets and the Company’s Canadian subsidiaries. The net change in the total valuation allowance was an increase of $0.7 million for the year ended December 31, 2018 compared to a decrease of $5.1 million in December 31, 2017. The decrease in the valuation allowance in 2017 is primarily the result of the 2017 Tax Act.

Despite the access to the overseas earnings and the resulting toll charge, the Company intends to indefinitely reinvest the foreign earnings in its foreign subsidiaries on account of the foreign jurisdiction withholding tax that the Company would have to incur on the actual remittances. Unremitted earnings of foreign subsidiaries amounted to approximately $21.0 million at December 31, 2018. If such earnings are repatriated in the future, or are no longer deemed to be indefinitely reinvested, the Company would have to accrue the applicable amount of foreign jurisdiction withholding taxes associated with such remittances.

The 2017 Tax Act imposes a mandatory transition tax on accumulated foreign earnings and eliminates U.S. taxes on foreign subsidiary distribution. Due to the one-time transition tax on the deemed repatriation of post-1986 undistributed foreign subsidiary earnings and profits, all previously unremitted earnings for which no U.S. deferred tax liability had been accrued have now been subjected to U.S. federal income tax. As a result, earnings in foreign jurisdictions are available for distribution to the U.S. without incremental U.S. taxes. To the extent the Company repatriates these earnings to the United States, it estimates that it will not incur significant additional taxes related to such amounts, however the estimates are provisional and subject to further analysis.

The Company’s Canadian subsidiaries claim deductions of eligible research and development expenses within the Scientific Research and Experimental Development (SR&ED) Program, a federal tax incentive program, administered by the Canada Revenue Agency. Amounts recorded for the federal and provincial research and development tax credits aggregated $0.1 million for the years ended December 31, 2018 and 2017, respectively. Such amounts have been recorded as a reduction in selling and administrative expenses.

At December 31, 2018, the Company’s Canadian subsidiaries have available net operating loss carryforwards of approximately $9.3 million in Canada which begin to expire in 2028. In addition, these subsidiaries also have research and development expenditures of approximately $1.5 million available to reduce taxable income in future years which may be carried forward indefinitely. The potential benefits from these balances have not been recognized for financial statement purposes.

The Company had unrecognized tax benefits of $2.4 million and $2.2 million as of December 31, 2018 and 2017, respectively. The portion of unrecognized tax benefits relating to interest and penalties was $0.1 million and $0.3 million for the years ended December 31, 2018 and 2017, respectively. The unrecognized tax benefits as of December 31, 2018 and 2017, if recognized, would have an impact on the Company’s effective tax rate.

	December 31,
	2018			2017
Balance at January 1	$	2,177		$	2,063
Increase for tax position		285			389
Decrease for tax position on account of settlement		-			(661	)
Interest accrual		63			313
Foreign currency revaluation		(101	)		73
Balance at December 31	$	2,424		$	2,177

The Company is subject to Federal income tax, as well as income tax in various states and foreign jurisdictions. The Company has open periods for US Federal and state taxes from 2014 through 2018. Various foreign subsidiaries currently have open tax years from 2003 through 2018.

In October 2010, the Company’s Indian subsidiary received an assessment from the Indian Income Tax Department for the fiscal year ended March 31, 2006. Management disagrees with the basis of this tax assessment, has filed an appeal against the assessment and is contesting it. Management believes that its recorded tax liability of $329,000 for this matter, which includes interest, is adequate.

In January 2012, the Company’s Indian subsidiary received an assessment from the Indian Income Tax Department for the fiscal year ended March 31, 2008. Management disagrees with the basis of this tax assessment and successfully appealed the assessment. The income tax assessing officer has filed an appeal against the decision entered in favor of the subsidiary. Management is contesting the appeal filed by the assessing officer. Management believes that its recorded tax liability of $343,000 for this matter, which includes interest, is adequate.

In September 2015, the Company’s Indian subsidiary was subject to an inquiry by the Service Tax Department in India regarding the classification of services provided by this subsidiary, asserting that the services provided by this subsidiary fall under the category of online information and database access or retrieval services (OID Services), and not under the category of business support services (BS Services) that are exempt from service tax as historically indicated in the subsidiary’s service tax filings. Management disagrees with the Service Tax Department’s position and is vigorously contesting these assertions. In the event the Service Tax Department is successful in proving that the services fall under the category of OID Services, the revenues earned by the Company’s Indian subsidiary for the period July 2012 through November 2016 would be subject to a service tax of between 12.36% and 15%. The revenue of our Indian subsidiary during this period was approximately $67.0 million. In accordance with new rules promulgated by the Service Tax Department, as of December 1, 2016 service tax is no longer applicable to OID or BS Services.

Based on the assessment of the Company’s counsel, the Company has not recorded any tax liability for this case.

In October 2016, the Company’s Indian subsidiary received notices of appeal from the Indian Service Tax Department in India seeking to reverse service tax refunds of approximately $160,000 previously granted to our Indian subsidiary for three quarters in 2014, asserting that the services provided by this subsidiary fall under the category of OID Services and not BS Services. The appeal was determined in favor of the Service Tax Department. Management disagrees with the basis of this decision and is contesting it vigorously. The Company expects delays in its Indian subsidiary receiving further service tax refunds until this matter is adjudicated with finality, and currently has service tax credits of approximately $1.0 million recorded as a receivable.

Based on the assessment of the Company’s counsel, the Company has not recorded any tax liability for this case.

The Company has recorded a tax provision amounting to $181,000, which includes interest, for several ongoing tax proceedings in the Philippines. Although the ultimate outcome cannot be determined at this time, the Company continues to contest these claims vigorously.