Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.20.1
Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

Note 9—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.

 

We have retained full valuation allowances of $4.7 million and $6.9 million against the deferred tax assets of our United States, Australian, Canadian, U.K. (excluding Elite Legacy Education UK), Hong Kong, and South Africa subsidiaries as of December 31, 2019 and December 31, 2018, respectively. 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, 2019 and 2018, the valuation allowance against the U.S. deferred taxes was $1.8 million and $1.9 million, respectively. We assessed the weight of all available positive and negative evidence and determined it was not more likely than not that future earnings will be sufficient to realize the deferred tax assets in the U.S.

 

As of December 31, 2019, and 2018, we had approximately $4.8 million and $8.4 million of federal net operating loss carryforwards, approximately $19.7 million and $25.0 million of foreign net operating loss carryforwards, respectively, and approximately $8.9 million and $14.3 million of state net operating loss carryforwards, respectively. 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,  
    2019     2018  
Income/(loss) from continuing operations before income taxes:            
U.S.   $ 4,271     $ (5,369 )
Non-U.S.     (2,187 )     (3,178 )
Total income/(loss) from continuing operations before income taxes:   $ 2,084     $ (8,547 )
Provision (benefit) for taxes:                
Current:                
Federal   $ 143     $ (56 )
State     38       38  
Non-U.S.     83        
Total current     264       (18 )
Deferred:                
Federal           584  
State            
Non-U.S.     (190 )     (97 )
Total deferred     (190 )     487  
Noncurrent                
Federal     (1,331 )      
State            
Non-U.S.            
Total noncurrent     (1,331 )     -  
Total income tax expense (benefit)   $ (1,257 )   $ 469  
Effective income tax rate     (60.3 )%     (5.5 )%

 

During the year ended December 31, 2019, we decreased the valuation allowance by $0.6 million. During the year ended December 31, 2018, we increased the valuation allowance by $2.2 million.

 

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,  
    2019     2018  
Computed expected federal tax benefit (expense)   $ 438     $ (1,992 )
(Decrease) Increase in valuation allowance     (546 )     2,215  
State income net of federal benefit     242       39  
Non-U.S. income taxed at different rates     (62 )     16  
Unrecognized tax benefits     (1,331 )     (16 )
Foreign exchange adjustment     —         361  
Foreign tax rate adjustment     —         1  
Impact of change in enacted rates     —         1  
Other     2       (156 )
Income tax benefit (expense)   $ (1,257 )   $ 469  

  

We recorded income tax benefit of $1.3 million and income tax expense of $0.5 million for the years ended December 31, 2019 and 2018, respectively, a $1.8 million decrease in income tax expense.

 

Our effective tax rate was (60.3)% and (5.5)% for the year ended December 31, 2019 and 2018, respectively. Our effective tax rates differed from the U.S. statutory corporate tax rate of 21%, for the same periods, primarily because of the mix of pre-tax income or loss earned in certain jurisdictions.

 

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,  
    2019     2018  
Deferred tax assets:            
Net operating losses   $ 5,688     $ 7,543  
Accrued compensation, bonuses, severance     121       19  
Allowance for bad debt     —         9  
Impaired assets     —         240  
Deferred revenue     —         —    
Depreciation     269       30  
Charitable Contribution Carryover     —         2  
Tax credits     —         118  
Valuation allowance     (4,736 )     (6,870 )
Total deferred tax assets   $ 1,342     $ 1,091  
Deferred tax liabilities:                
Deferred course expenses   $ (1,055 )   $ (994 )
Total deferred tax liabilities     (1,055 )     (994 )
Net deferred tax asset   $ 287     $ 97  

 

Deferred tax expense related to the foreign currency translation adjustment for the years ended December 31, 2019 and 2018 was $0 million and $0.4 million, respectively, and was fully offset by a corresponding change in the valuation allowance. The deferred tax assets presented above for net operating losses and credits have been reduced by liabilities for unrecognized tax benefits.

 

We do not expect to repatriate earnings from its foreign subsidiaries because the cumulative earnings and profits of the foreign subsidiaries as of December 31, 2019 and 2018 are negative. Accordingly, no U.S. federal or state income taxes have been provided thereon.

 

The liability pertaining to uncertain tax positions was $0.3 million and $1.6 million at December 31, 2019 and 2018, 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 $0.04 million at December 31, 2019 and 2018, for each year, 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,  
    2019     2018  
Unrecognized tax benefits - January 1   $ 1,640     $ 1,657  
Gross increases - tax positions in prior period           2  
Gross decreases - tax positions in prior period     (1,331 )     (19 )
Unrecognized tax benefits - December 31   $ 309     $ 1,640  

 

The total liability for unrecognized tax benefits at December 31, 2019 and 2018, 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, 2019 and 2018, are as follows:

 

    As of December 31,  
    2019     2018  
Reduction of net operating loss carryforwards   $ 309     $ 309  
Reduction of tax credit carryforwards            
Total reductions of deferred tax assets     309       309  
Noncurrent tax liability (reflected in Other long-term liabilities)           1,331  
Total liability for unrecognized tax benefits   $ 309     $ 1,640  

 

We do not expect any significant changes to unrecognized tax benefits in the next year. We estimate $0.3 million and $1.6 million, of the unrecognized tax benefits, if recognized, would impact the effective tax rate at December 31, 2019 and 2018, respectively.

 

Our federal income tax returns for the years subsequent to 2016 are subject to examination by the Internal Revenue Service. Our state tax returns for all years after 2016 or 2015, depending on each state's jurisdiction, are subject to examination. In addition, our Canadian tax returns and United Kingdom tax returns for all years after 2012 are subject to examination.