Annual report pursuant to Section 13 and 15(d)

Note 10 - Income Taxes

v3.19.1
Note 10 - Income Taxes
12 Months Ended
Dec. 30, 2018
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
10
.
Income taxes
 
 
The Company recorded the following income tax expense for the years ended:
 
   
Year ended
December 3
0
,
2018
   
Year ended
December 31,
2017
   
Year ended
January 1,
2017
 
Current:
                       
Federal/State
  $
102
    $
18
    $
(63
)
Foreign
   
650
     
621
     
224
 
                         
     
752
     
639
     
161
 
Deferred:
                       
Federal
   
     
     
 
Foreign
   
(75
)    
(79
)
   
126
 
                         
     
(75
)    
(79
)
   
126
 
                         
Income tax expense
  $
677
    $
560
    $
287
 
 
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 years ended:
 
   
Year ended
December 30,
2018
   
Year ended
December 31,
2017
   
Year ended
January 1,
2017
 
Federal income tax expense (recovery)
  $
48
    $
(2,550
)
  $
20
 
State income tax expense (recovery), net of federal tax benefit
   
24
     
26
     
(62
)
Change in income tax rates due to tax reform
   
     
7,944
     
 
Loss (income) of foreign subsidiaries taxed at different rates
   
586
     
333
     
(161
)
Change in valuation allowance
   
(61
)    
(6,146
)
   
764
 
Foreign tax credit
   
869
     
302
     
 
Reassessment of losses by tax authority
   
     
     
(1,675
)
Deemed income inclusion of foreign subsidiary
   
170
     
79
     
800
 
Expiry of operating loss carry forwards
   
226
     
441
     
439
 
Permanent and other differences
   
(1,185
)    
131
     
164
 
                         
Income tax expense
  $
677
    $
560
    $
287
 
 
       Income (loss) before income taxes consisted of the following for the years ended:
 
   
Year ended
December 30,
2018
   
Year ended
December 31,
2017
   
Year ended
January 1,
2017
 
Domestic (U.S.)
  $
1,569
    $
(6,089
)
  $
(3,710
)
Foreign (Non U.S.)
   
(1,340
)    
(1,196
)
   
3,765
 
                         
    $
229
    $
(7,285
)
  $
55
 
 
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 30,
2018
   
December 31,
2017
 
Deferred income tax assets:
               
Net operating loss carryforwards
  $
20,451
    $
18,425
 
Interest deduction carry forwards
   
1,568
     
 
Capital loss carryforwards
   
3,563
     
3,563
 
Tax credit carryforwards
   
4,911
     
3,104
 
Property, plant and equipment and other assets
   
(5,089
)    
1,529
 
Reserves, allowances and accruals
   
2,056
     
 
Other
   
1,145
     
1,441
 
                 
     
28,605
     
28,062
 
Valuation allowance
   
(28,225
)    
(27,757
)
                 
Net deferred income tax assets
  $
380
    $
305
 
 
 
At
December 30, 2018,
the Company had total net operating loss (“NOL”) carry forwards of
$113,300,
of which
$86,400,
$23,200
and
$3,700
pertains to loss carry forwards from U.S., Canadian and Asian jurisdictions respectively. Net operating loss carryforwards of
$11,700
will expire between
2019
and
2022,
$15,200
will expire between
2025
and
2029,
$21,100
will expire in
2030,
$29,500
will expire between
2031
and
2033,
$32,300
will expire between
2034
and
2038,
and the remainder of
$3,500
million is available for indefinite carryforward.
 
Prior to its acquisition by the Company, MC had NOL carryforwards of
$15,300.
  Pursuant to Section
382
of the Internal Revenue Code, MC's "ownership change", within the meaning of this Section, results in limits on the Company's ability to utilize these losses for
5
years following the "ownership change". While management estimates that annual utilization is limited to
$1,700,
management believes that sufficient losses are otherwise available, such that there is little, if any, adverse tax consequence of this limitation.
 
At
December 30, 2018
and
December 31, 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 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
2018,
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 included 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
$8,000
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.