Note 8—Income Taxes

 

We recognize deferred tax assets and liabilities, at enacted income tax rates, based on the temporary differences between the financial reporting basis and the tax basis of our assets and liabilities. We include any effects of changes in income tax rates or tax laws in the provision for income taxes in the period of enactment. When it is more likely than not that a portion or all of a deferred tax asset will not be realized in the future, we provide a corresponding valuation allowance against the deferred tax asset. In the year ended December 31, 2015, we recorded a full valuation allowance against all net deferred tax assets because there was not sufficient evidence to conclude that we would more likely than not realize those assets prior to expiration. In the fourth quarter of 2016, we determined that valuation allowances against U.S. and U.K. (Rich Dad Education Limited only) deferred taxes were no longer required. Release of these valuation allowances resulted in $2.4 million of tax benefit. The company assessed the weight of all available positive and negative evidence and determined it was more likely than not that future earnings will be sufficient to realize the deferred tax assets in the U.S. and U.K. (Rich Dad Education Limited only). In arriving at the conclusion that we had achieved sustained profitability in the U.S. and U.K. (Rich Dad Education Limited only), we considered the following positive evidence: we were in a cumulative three-year historical income position, we had income in 2016 and projections of book income for the years 2017-2020.

 

We have retained full valuation allowances of $4.5 million against the deferred tax assets of our Canadian, U.K. (only Tigrent Learning UK Limited), Hong Kong, and South Africa subsidiaries. The most significant negative factor that was considered in determining whether a valuation allowance was required is a cumulative recent history of losses in all jurisdictions for the entities mentioned above.

 

As of December 31, 2016 and 2015, we had approximately $2.3 million and $3.9 million of federal net operating loss carryforwards, approximately $22.5 million and $25.1 million of foreign net operating loss carryforwards, and approximately $8.7 million and $10.2 million of state net operating loss carryforwards, respectively. The federal loss carryforwards will begin to expire in 2032, the foreign loss carryforwards begin to expire in 2027 and the state net operating loss carryforwards begin to expire in 2024.

 

Our sources of income (loss) and income tax provision (benefit) are as follows (in thousands):

 

			Years ended December 31,
			2016				2015
	Income (loss) before income taxes:
	U.S.		$	3,126			$	3,552
	Non-U.S.			(186	)			(6,263	)
	Total income (loss) before income taxes		$	2,940			$	(2,711	)
	Provision (benefit) for taxes:
	Current:
	Federal		$	335			$	—
	State			21				33
	Non-U.S.			—				—
	Total current			356				33
	Deferred:
	Federal			(1,153	)			—
	State			—				(18	)
	Non-U.S.			(144	)			—
	Total deferred			(1,297	)			(18	)
	Total income tax expense (benefit)		$	(941	)		$	15
	Effective income tax rate			(32.0	)%			(0.6	)%

 

During the years ended December 31, 2016 and 2015, we decreased the valuation allowance by $2.7 million and $0.7 million, respectively.

 

The difference between the tax provision at the statutory federal income tax rate and the tax provision attributable to income (loss) from continuing operations before income taxes is as follows (in thousands):

 

			Years ended December 31,
			2016				2015
	Computed expected federal tax expense		$	1,029			$	(949	)
	Decrease in valuation allowance			(2,706	)			(672	)
	State income net of federal benefit			108				203
	Non-U.S. income taxed at different rates			(51	)			848
	Uncertain tax positions expense			—				(27	)
	Foreign exchange adjustment			704				411
	Foreign tax rate adjustment			(23	)			180
	Other			(2	)			21
	Income tax expense (benefit)		$	(941	)		$	15

  

During the fourth quarter ended December 31, 2016, we determined that valuation allowances against U.S. and U.K. (Rich Dad Education Limited only) deferred taxes were no longer required. Release of these valuation allowances resulted in $2.4 million of tax benefit, which decreased our effective tax rate by 83.1 %, that was offset by tax on current period book income and other permanent and timing differences resulting in an income tax benefit of $0.9 million for the year ended December 31, 2016.

 

Deferred income tax assets and liabilities reflect the net tax effects of (i) temporary differences between the carrying amount of assets and liabilities for financial reporting purposes and the amounts for income tax purposes and (ii) operating loss carryforwards. The tax effects of significant components of our deferred tax assets and liabilities are as follows (in thousands):

 

			As of December 31,
			2016				2015
	Deferred tax assets:
	Net operating losses		$	4,862			$	5,703
	Accrued compensation, bonuses, severance			126				336
	Allowance for bad debt			46				46
	Intangible amortization			57				104
	Impaired assets			240				240
	Accrued expenses			20				29
	Deferred revenue			1,991				2,712
	Depreciation			221				241
	Charitable Contribution Carryover			97				—
	Restricted Stock Awards			3				—
	Tax credits			35				97
	Valuation allowance			(4,490	)			(7,196	)
	Total deferred tax assets		$	3,208			$	2,312
	Deferred tax liabilities:
	Deferred course expenses		$	(1,913	)		$	(2,312	)
	Total deferred tax liabilities			(1,913	)			(2,312	)
	Net deferred tax asset		$	1,295			$	—

 

Deferred tax expense related to the foreign currency translation adjustment for the years ended December 31, 2016 and 2015 was $0.7 million and $0.4 million, respectively, and was fully offset by a corresponding decrease in the valuation allowance with the exception of $0.1 million for Rich Dad Education Limited UK whose valuation allowance was released effective December 31, 2016. These amounts (except for Rich Dad Education Limited UK), which net to zero, are reported in other comprehensive income (loss). The deferred tax assets presented above for net operating losses and credits have been reduced by liabilities for unrecognized tax benefits.

 

The Company does not expect to repatriate earnings from its foreign subsidiaries because the cumulative earnings and profits of the foreign subsidiaries as of December 31, 2016 and 2015 are negative. Accordingly, no U.S. federal or state income taxes have been provided thereon.

 

The liability pertaining to uncertain tax positions was $1.6 million and $1.7 million at December 31, 2016 and 2015, respectively. In accordance with GAAP, we recorded expense that increased the total liability pertaining to uncertain tax positions which was more than offset by a decrease in the total liability attributable to foreign currency fluctuations and tax rate adjustments. A significant portion of the liability pertaining to uncertain tax positions is recorded as a reduction of the value of net operating loss carryovers.

 

We include interest and penalties in the liability for uncertain tax positions. Accrued interest and penalties on uncertain tax positions were approximately $0.1 million at December 31, 2016 and 2015, and is included in other liabilities in the accompanying Consolidated Balance Sheets. If applicable, we recognize interest and penalties related to uncertain tax positions as tax expense.

 

The following is a tabular reconciliation of the total amounts of unrecognized tax benefits:

 

			As of December 31,
			2016				2015
	Unrecognized tax benefits - January 1		$	1,717			$	1,744
	Gross increases - tax positions in prior period			—				—
	Gross decreases - tax positions in prior period			(81	)			(27	)
	Unrecognized tax benefits - December 31		$	1,636			$	1,717

 

The total liability for unrecognized tax benefits at December 31, 2016 and 2015, is netted against deferred tax assets related to net operating loss carryforwards in the Consolidated Balance Sheets. The total liability for unrecognized tax benefits at December 31, 2016 and 2015, are as follows:

 

			As of December 31,
			2016				2015
	Reduction of net operating loss carryforwards		$	1,275			$	1,656
	Reduction of tax credit carryforwards			—				5
	Total reductions of deferred tax assets			1,275				1,661
	Noncurrent tax liability (reflected in Other long-term liabilities)			361				56
	Total liability for unrecognized tax benefits		$	1,636			$	1,717

 

We do not expect any significant changes to unrecognized tax benefits in the next year.

 

At December 31, 2016 and 2015, the Company estimated $0.1 million, of the unrecognized tax benefits, if recognized, would impact the effective tax rate. A substantial portion of our liability for uncertain tax benefits is recorded as a reduction of net operating losses and tax credit carryforwards.

 

The Company was notified by the Internal Revenue Service that its federal income tax returns for the years 2013-2015 were selected for examination. The Company believes its provision for income taxes is adequate; however any assessment would affect the Company’s results of operations and possibly cash flows.

 

We were also notified by the Canadian Revenue Agency that our 2014-2016 goods and services tax (GST) and harmonized sales tax (HST) returns are being audited.

 

Our federal income tax returns have been examined and reported upon by the Internal Revenue Service through December 31, 2012, and the years subsequent to 2012 are subject to examination. Our state tax returns for years ranging from 2010 and 2011 are still open and subject to examination.  In addition, our Canadian tax returns and United Kingdom tax returns for all years after 2011 are subject to examination.