SMTC Corporation Annual report pursuant to Section 13 and 15(d)

Annual report pursuant to Section 13 and 15(d)

Note 8 - Income Taxes

Note 8 - Income Taxes

12 Months Ended

Jan. 03, 2016

8 .	Income taxes

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

	Year ended January 3, 2016		Year ended December 28, 2014			Year ended December 29, 2013
Current:
Federal/State	$	28	$	113		$	(233	)
Foreign		569		774			1,120

		597		887			887
Deferred:
Federal		—		1,000			4,000
Foreign		76		(65	)		(319	)

		76		935			3,681

Income tax expense	$	673	$	1,822		$	4,568

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 January 3, 2016			Year ended December 28, 2014			Year ended December 29, 2013
Federal income tax expense (recovery)	$	234		$	(720	)	$	(2,763	)
State income tax expense (recovery), net of federal tax benefit		29			58			(62	)
Change in enacted income tax rates		—			—			(469	)
Loss of foreign subsidiaries taxed at different rates		113			—			185
Change in valuation allowance		(2,205	)		(2,524	)		7,114
Additional (release of) income tax exposures and alternative minimum taxes		—			55			—
Deemed income inclusion of foreign subsidiary		574			749			1,469
Expiry of operating loss carry forwards		843			3,142			—
Permanent and other differences		1,085			1,062			(906	)

Income tax expense	$	673		$	1,822		$	4,568

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

	Year ended January 3, 2016			Year ended December 28, 2014			Year ended December 29, 2013
Domestic (U.S.)	$	3,205		$	(1,267	)	$	(6,467	)
Foreign (Non U.S.)		(2,536	)		(789	)		(1,428	)

	$	669		$	(2,056	)	$	(7,895	)

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:

	January 3, 2016			December 28, 2014
Deferred income tax assets:
Net operating loss carryforwards	$	24,595		$	22,829
Capital loss carryforwards		2,232			2,232
Tax credit carryforwards		4,307			4,290
Property, plant and equipment and other assets		1,812			3,593
Reserves, allowances and accruals		546			2,829

		33,492			35,773
Valuation allowance		(33,140	)		(35,345	)

Net deferred income tax assets	$	352		$	428

At January 3, 2016, the Company had total net operating loss carry forwards of $80.2 million, of which $50.9 million, $24.5 million and $4.8 million pertains to federal loss carry forwards from U.S., Canadian and Asian jurisdictions respectively. $1.3 million will expire in 2017, $2.3 million will expire between 2018 and 2022, $17.9 million will expire in 2023, $10.1 million will expire between 2025 and 2029, $19.7 million will expire in 2030 and the remainder will expire beyond 2030.

At January 3, 2016 and December 28, 2014, the Company had gross unrecognized tax benefits of $275 and $290, 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 $58 and $55 accrued for interest and penalties as of January 3, 2016 and December 28, 2014, 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.

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 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. In 2015, management has concluded that a full valuation allowance is still required to be recorded against the Canadian, Asian and U.S jurisdiction deferred tax assets.