Income Tax Disclosure [Text Block] | 5. Taxes 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: • A one-time tax on the mandatory deemed repatriation of post-1986 untaxed foreign earnings and profits (E&;P), referred to as the toll charge; • A reduction in the maximum Corporate tax rate from 35% to 21% for tax years beginning after December 31, 2017; • An 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 • A introduction of a quasi-territorial tax system for tax years beginning after December 31, 2017 by providing dividends received deduction under the participation exemption system. The Company continues to evaluate the impacts of the 2017 Tax Act. The Company is evaluating the GILTI provisions of the 2017 Tax Act and its impact, if any, on the consolidated financial statements as of December 31, 2017. The FASB allows companies to adopt an accounting policy to either recognize deferred taxes for GILTI or treat such as a tax cost in the year incurred. The Company has not yet determined the accounting policy and as such did not record a deferred income tax expense or benefit related to the GILTI provisions in the consolidated statement of operations for the year ended December 31, 2017 and will finalize this during the measurement period. Pursuant to the 2017 Tax Act, the Company recorded the following adjustments to income tax expense during the fourth quarter of 2017: • A one-time deemed repatriation of E&;P amounting to $6.4 million. No toll tax liability was recorded due to the available net operating loss carryforwards. This resulted in a reduction of deferred tax assets and a corresponding reduction in the valuation allowance of $2.2 million; and • A reduction of deferred tax assets and a corresponding reduction of the valuation allowance of $4.8 million, primarily for the remeasurement of our deferred tax assets at the enacted tax rate of 21%. An income tax benefit of $0.1 million, primarily for the remeasurement of our deferred tax liabilities at the enacted tax rate of 21%. Due to the complexities involved in accounting for the enactment of the 2017 Tax Act, SEC Staff Accounting Bulletin 118 (SAB 118) allows companies to record provisional estimates of the impacts of the 2017 Tax Act during a measurement period which is similar to the measurement period of up to one year from the enactment which is similar to the measurement period used when accounting for business combinations. The Company will continue to assess the impact of the recently enacted tax law on its consolidated financial statements. The significant components of the provision for income taxes for each of the two years in the period ended December 31, 2017 are as follows (in thousands): 2017 2016 Current income tax expense: Foreign $ 594 $ 1,301 Federal 176 - State and local 5 1 775 1,302 Deferred income tax expense (benefit): Foreign (97 ) (176 ) Federal (393 ) - (490 ) (176 ) Provision for income taxes $ 285 $ 1,126 2017 2016 Federal statutory rate (34.0 )% (34.0 )% Effect of: State income taxes (net of federal tax benefit) (0.5 ) (2.7 ) Taxes on foreign income at rates that differ from U.S. statutory rate 28.0 17.3 Change in valuation allowance on deferred tax assets (90.1 ) (34.5 ) 2017 Tax Act 136.9 - Deemed dividend under Section 956 of the Internal Revenue Code (35.4 ) 75.9 Increase (decrease) in unrecognized tax benefits 0.7 1.6 Other - 0.1 Effective tax rate 5.6 % 23.7 % Deferred tax assets and liabilities are classified as non-current. Significant components of the Company’s deferred tax assets and liabilities as of December 31, 2017 and 2016 are as follows (in thousands): December 31, 2017 2016 Deferred income tax assets: Allowances not currently deductible $ 226 $ 546 Depreciation and amortization 1,222 1,654 Equity compensation not currently deductible 853 1,836 Net operating loss carryforwards 4,542 6,718 Expenses not deductible until paid 1,142 1,079 Tax credit carryforwards - 176 Other 297 188 Total gross deferred income tax assets before valuation allowance 8,282 12,197 Valuation allowance (6,525 ) (10,556 ) Deferred income tax assets, net 1,757 1,641 Deferred income tax liabilities: Acquisition of MediaMiser (446 ) (471 ) Other (168 ) (209 ) Total deferred income tax liabilities (614 ) (680 ) Net deferred income tax assets $ 1,143 $ 961 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, 2017, the Company continues to maintain a valuation allowance on all U.S. and Canadian deferred tax assets. A significant portion of the Company’s operations are conducted outside the United States. As a result of the 2017 Tax Act, the toll charge amounted to $6.4 million. The charge was offset by the available net operating loss carryforwards. 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 withholding tax that the Company would have to incur on the actual remittances. Unremitted earnings of foreign subsidiaries amounted to approximately $24.8 million at December 31, 2017. 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 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. In 2017 the U.S. entity deferred $5.2 million in payments due to its Asian operating subsidiaries, which resulted in a deemed dividend that is taxable income for U.S. tax purposes under Section 956 of the Internal Revenue Code. The taxable income was offset against the net operating loss carryforwards of the U.S. entity. United States and foreign components of income (loss) before provision for income taxes for each of the two years ended December 31, (in thousands) are as follows: 2017 2016 United States $ (2,243 ) $ (5,401 ) Foreign (2,831 ) 616 Total $ (5,074 ) $ (4,785 ) Certain of the Company’s foreign subsidiaries are subject to preferential tax rates. In addition, one of the foreign subsidiaries enjoys a tax holiday. Due to the tax holiday and the preferential tax rates, the income tax rate for the Company was substantially reduced, the tax benefit from which was approximately $0.2 million for both 2017 and 2016. The Company’s Canadian subsidiaries claims 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 and $0.2 million for the years ended December 31, 2017 and 2016, respectively. Such amounts have been recorded as a reduction in selling and administrative expenses. At December 31, 2017, the Company has available U.S. federal and New Jersey state net operating loss carryforwards of approximately $15.5 million and $16.9 million, respectively. These net operating loss carryforwards expire at various times through the year 2035. Stock option exercises resulted in tax deductions in excess of previously recorded benefits based on the option value at the time of grant (a “windfall”). The Company adopted the provisions of ASU 2016-9 whereby these benefits were reflected in the net operating losses and resulting deferred tax assets in 2016. Windfalls included in net operating losses were approximately $5.2 million. At December 31, 2017, the Company’s Canadian subsidiaries have available net operating loss carryforwards of approximately $8.2 million in Canada which begin to expire in 2028. In addition, these subsidiaries also have research and development expenditures of approximately $1.8 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 $0.9 million and $1.2 million as of December 31, 2017 and 2016. The portion of unrecognized tax benefits relating to interest and penalties was $0.4 million and $0.5 million as of December 31, 2017 and 2016, respectively. The unrecognized tax benefits as of December 31, 2017 and 2016, if recognized, would have an impact on the Company’s effective tax rate. The following table represents a roll forward of the Company’s unrecognized tax benefits and associated interest for the years ended (amounts in thousands): December 31, 2017 2016 Balance at January 1 $ 1,184 $ 1,207 Increase for tax position - 40 Decrease for tax position on account of settlement (402 ) (108 ) Interest accrual 44 51 Foreign currency revaluation 85 (6 ) Balance at December 31 $ 911 $ 1,184 The Company is subject to Federal income tax, as well as income tax in various states and foreign jurisdictions. The Company is no longer subject to examination by Federal tax authorities for years prior to 2006 and by New Jersey tax authorities for years prior to 2012. Various foreign subsidiaries currently have open tax years from 2003 through 2017. Pursuant to an income tax audit by the Indian Bureau of Taxation in 2009, the Company’s Indian subsidiary received a tax assessment approximating $356,000 including interest, through December 31, 2017 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 vigorously. In January 2012, the Indian subsidiary received a final tax assessment of approximately $1.0 million, including interest, for the fiscal year ended March 31, 2008, from the Indian Bureau of Taxation. Management disagrees with the basis of this tax assessment and has filed an appeal against it. Due to this assessment, the Company recorded a tax provision amounting to $371,000 including interest through December 31, 2017. In April 2015, the Company received a favorable judgment whereby the Appeal Officer reduced the tax assessment to $0.3 million. Under the Indian Income Tax Act, however, the income tax assessing officer has the right to appeal against the judgment passed by the Appeal Officer. In the third quarter of 2015, the income tax assessing officer exercised this right and filed an appeal. Based on recent experience, management believes that the tax provision of $371,000 including interest is adequate. In 2015, the Company’s Indian subsidiary was subject to an inquiry by the Service Tax Bureau 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. In the event the Service Tax Bureau is successful in proving that the services fall under the category of OID Services the revenues earned by the Company’s Indian subsidiary would be subject to a service tax of approximately 14.5% of the subsidiary’s revenues and this would increase the operating costs of the Company by an equivalent amount. The revenues of the Company’s Indian subsidiary for the year ended December 31, 2017 were $15.6 million. The Company established a valuation allowance of approximately $6.5 million and $10.6 million at December 31, 2017 and 2016, 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 a decrease of $4.1 million for the years ended December 31, 2017 compared to an increase of $0.7 million in December 31, 2016. The decrease in the valuation allowance in 2017 is primarily the result of the 2017 Tax Act. The adoption of the provisions of ASU 2016-9 resulted in a $1.8 million increase in the valuation allowance in 2016. The Company from time to time is also subject to various other tax proceedings and claims for its Philippines subsidiaries. The Company has recorded a tax provision amounting to $184,000 including interest through December 31, 2017, 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. |