Annual report pursuant to Section 13 and 15(d)

Note 9 - Income Taxes

v3.8.0.1
Note 9 - Income Taxes
12 Months Ended
Dec. 31, 2017
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
9
.
Income taxes
 
The Company recorded the following income tax expense for the periods noted:
 
   
Year ended
December 31,
2017
   
Year ended
January 1,
2017
   
Year ended
January 3,
2016
 
Current:
                       
Federal/State
  $
18
    $
(63
)
  $
28
 
Foreign
   
621
     
224
     
569
 
                         
     
639
     
161
     
597
 
Deferred:
                       
Federal
   
     
     
 
Foreign
   
(79
)    
126
     
76
 
                         
     
(79
)    
126
     
76
 
                         
Income tax expense
  $
560
    $
287
    $
673
 
 
The overall income tax expense as recorded in the consolidated statements of operations varied from the tax expense calculated using U.S. federal and state income tax rates as follows for the periods noted:
 
   
Year ended
December 3
1,
2017
   
Year ended
January
1
,
201
7
   
Year ended
January 3
,
201
6
 
Federal income tax expense (recovery)
  $
(2,550
)   $
20
    $
234
 
State income tax expense (recovery), net of federal tax benefit
   
26
     
(62
)
   
29
 
Change in
income tax rates due to tax reform
   
7,944
     
     
 
Loss (income) of foreign subsidiaries taxed at different rates
   
333
     
(161
)
   
113
 
Change in valuation allowance
   
(6,146
)    
764
     
(2,205
)
Foreign Tax Credit
   
302
     
     
 
Reassessment of losses by tax authority
   
     
(1,675
)
   
 
Deemed income inclusion of foreign subsidiary
   
79
     
800
     
574
 
Expiry of operating loss carry forwards
   
441
     
439
     
843
 
Permanent and other differences
   
131
     
164
     
1,085
 
                         
Income tax expense
  $
560
    $
287
    $
673
 
 
Income (loss) before income taxes consisted of the following for the periods noted:
 
   
Year ended
December 31,
2017
   
Year ended
January 1,
2017
   
Year ended
January 3,
2016
 
Domestic (U.S.)
  $
(6,089
)   $
(3,710
)
  $
3,205
 
Foreign (Non U.S.)
   
(1,196
)    
3,765
     
(2,536
)
                         
    $
(7,285
)   $
55
    $
669
 
 
Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. The Company
’s deferred income tax liabilities and assets are comprised of the following at:
 
   
December 3
1,
2017
   
January
1
,
201
7
 
Deferred income tax assets:
               
Net operating loss carryforwards
  $
18,425
    $
23,844
 
Capital loss carryforwards
   
3,563
     
3,563
 
Tax credit carryforwards
   
3,104
     
3,407
 
Property, plant and equipment and other assets
   
1,529
     
2,015
 
Reserves, allowances and accruals
   
1,441
     
1,301
 
                 
     
28,062
     
34,130
 
Valuation allowance
   
(27,757
)    
(33,904
)
                 
Net deferred income tax assets
  $
305
    $
226
 
 
  
At
December 31, 2017,
the Company had total net operating loss carry forwards of
$84.5
million, of which
$53.5
million,
$23.3
million and
$7.7
million pertains to loss carry forwards from U.S., Canadian and Asian jurisdictions respectively.
$5.2
million will expire between
2018
and
2022,
$15.2
million will expire in
2023,
$9.6
million will expire between
2025
and
2029,
$19.8
million will expire in
2030,
$24.2
million will expire between
2031
and
2033,
$6.9
million will expire between
2034
and
2037
and the remainder of
$3.6
million is available for indefinite carryforward.
 
At
December 31, 2017
and
January 1, 2017,
the Company had
no
gross unrecognized tax benefits associated with uncertain tax positions. During
2016
the Company recognized tax benefits of
$287
associated with uncertain tax positions which resulted in a favorable impact on the Company's effective tax rate.
 
Whether or
not
the recapitalization transactions undertaken in
2004
result in an ownership change for purposes of Section
 
382
of the Internal Revenue Code (“Section
382”
), which imposes a limitation on a corporation’s use of NOL carry forwards following an “ownership change,” depends upon whether the exchangeable shares of SMTC Canada are treated as shares of the Company under U.S. tax principles. The Company has concluded that the recapitalization transactions did
not
result in an ownership change and as such the use of the NOL carry forwards has
not
been limited.
 
In assessing the realization of deferred tax assets, management considers whether it is more likely than
not
that some portion or all of its U.S. deferred tax assets will
not
be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income. Management considers the scheduled reversal of deferred tax liabilities, change of control limitations, projected future taxable income and tax planning strategies in making this assessment. Guidance under ASC
740,
Income Taxes, (“ASC
740”
) states that forming a conclusion that a valuation allowance is
not
needed is difficult when there is negative evidence, such as cumulative losses in recent years in the jurisdictions to which the deferred tax assets relate.
In
2017,
management has concluded that a full valuation allowance continues to be recorded against the deferred tax assets associated with the U.S, Asian and Canadian jurisdictions as those assets are
not
likely to be realized.
 
On
December 22, 2017,
the Tax Cuts and Jobs Act (“TCJA”) was enacted, which includes a broad range of tax reform proposals, with many provisions significantly differing from current U.S. tax law. Management has considered the impact of these provisions, including a decrease in the federal corporate income tax rate, from
35%
to
21%
for years beginning after
December 31, 2017,
substantially reducing the value of the Company's deferred tax assets. The Company has recorded a corresponding reduction to its deferred tax assets of
$8.0
as at
December 31, 2017.
The reduction in the Company's deferred tax assets is fully offset by a corresponding reduction to the valuation allowance.