Annual report pursuant to Section 13 and 15(d)

Note 9 - Income Taxes

v2.4.1.9
Note 9 - Income Taxes
12 Months Ended
Dec. 28, 2014
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]

9.

Income taxes


The Company recorded the following income tax expense (recovery) for the periods noted:


   

Period ended

December 28,

2014

 

 

 

   

Period ended

December 29,

2013

 

As Revised

(See Note 2)

 

   

Period ended

December 30,

2012

 

As Revised

(See Note 2)

 

 

Current:

                       

Federal/State

  $ 113     $ (233 )   $ (41 )

Foreign

    774       1,120       662  
                         
      887       887       621  

Deferred:

                       

Federal

    1,000       4,000       (2,100 )

Foreign

    (65     (319 )     (320 )
                         
      935       3,681       (2,420 )
                         

Income tax expense (recovery)

  $ 1,822     $ 4,568     $ (1,799 )

The overall income tax expense (recovery) as recorded in the consolidated statements of operations varied from the tax expense (recovery) calculated using U.S. federal and state income tax rates as follows for the periods noted:


   

Period ended

December 28,

2014

 

 

 

   

Period ended

December 29,

2013

 

As Revised

(See Note 2)

 

   

Period ended

December 30,

2012

 

As Revised

(See Note 2)

 

 

Federal income tax (recovery)

  $ (720 )   $ (2,763 )   $ 1,778  

State income tax expense (recovery), net of federal tax benefit

    58       (62 )     96  

Change in enacted income tax rates

          (469 )     (789 )

Loss (income) of foreign subsidiaries taxed at different rates

          185       (211 )

Change in valuation allowance

    (2,524     7,114       (1,155 )

Additional (release of) income tax exposures and alternative minimum taxes

    55             (130 )

Deemed income inclusion of foreign subsidiary

    749       1,469       1,038  
Expiry of operating loss carry forwards     3,142              

Permanent and other differences

    1,062       (906 )     (2,426 )
                         

Income tax expense (recovery)

  $ 1,822     $ 4,568     $ (1,799 )

Earnings (loss) before income taxes consisted of the following for the periods noted:


   

Period ended

December 28,

2014

   

Period ended

December 29,

2013

 

As Revised

(See Note 2)

   

Period ended

December 30,

2012

 

As Revised

(See Note 2)

 

Domestic (U.S.)

  $ (1,267 )   $ (6,467 )   $ 8,904  

Foreign (Non U.S.)

    (789 )     (1,428 )     (3,824 )
                         
    $ (2,056 )   $ (7,895 )   $ 5,080  

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 28,

2014

 

 

   

December 29,

2013

 

As Revised

(See Note 2)

 

 

Deferred income tax assets:

               

Net operating loss carryforwards

  $ 22,829     $ 28,703  

Capital loss carryforwards

    2,232       2,232  

Tax credit carryforwards

    4,290       2,532  

Property, plant and equipment and other assets

    3,593       3,276  

Reserves, allowances and accruals

    2,829       2,640  
                 
      35,773       39,383  

Valuation allowance

    (35,345 )     (37,870 )
                 

Net deferred income tax assets

  $ 428     $ 1,513  

At December 28, 2014, the Company had total net operating loss carry forwards of $71.9 million, of which $28.6 million and $43.3 million pertains to loss carry forwards from Canadian and U.S. jurisdictions respectively. $4.1 million will expire in 2015, $1.3 million will expire in 2017, $1.1 million will expire in 2018, $13.7 million will expire in 2023, $3.4 million will expire in 2026, $0.5 million will expire in 2027, $4.3 million will expire in 2028, $19.3 million will expire in 2029 and the remainder will expire between 2030 and 2034.


At December 28, 2014 and December 29, 2013, the Company had gross unrecognized tax benefits of $290 and $331, respectively, which if recognized, would favorably impact the Company’s effective tax rate in future periods. The Company does not expect any of these unrecognized tax benefits to reverse in the next twelve months.


The Company accounts for interest and penalties related to unrecognized tax benefits in income tax expense based on the likelihood of the event and its ability to reasonably estimate such amounts. The Company has approximately $55 and $73 accrued for interest and penalties as of December 28, 2014 and December 29, 2013, respectively. The decrease is due to the foreign exchange movement between the financial reporting currency and the functional currency for tax purposes, net of interest and penalty charges recorded.


The following is a tabular reconciliation of the Company’s beginning and ending amount of unrecognized tax benefits:


Balance as at December 29, 2013

  $ 331  
         

Current year changes

    (41 )
         

Balance as at December 28, 2014

  $ 290  

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 years 2010 through to 2012, it was determined by management that it was more likely than not that certain deferred tax assets associated with the U.S. jurisdiction would be realized and as such, no valuation allowance was recorded against these deferred tax assets. In 2013, it was determined by management that a partial valuation allowance was required to be recorded against certain deferred tax assets associated with the U.S. jurisdiction as it was not more likely than not to be realized. In 2014, it was determined by management that a full valuation allowance was required to be recorded against the remaining deferred tax assets associated with the U.S. jurisdiction as it was not likely to be realized. The Canadian jurisdiction continues to have a full valuation allowance recorded against the deferred tax assets.