Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.8.0.1
Income Taxes
12 Months Ended
Dec. 31, 2017
Income Tax Disclosure [Abstract]  
Income Taxes

9. Income Taxes

Our provision for income taxes is comprised of the following:

 

 

 

For the Years Ended December 31,

 

(in thousands)

 

2017

 

 

2016

 

 

2015

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(1,040

)

 

$

 

 

$

 

State

 

 

5

 

 

 

 

 

 

(3

)

Total current

 

 

(1,035

)

 

 

 

 

 

(3

)

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

105

 

 

 

(5,884

)

 

 

 

State

 

 

5

 

 

 

(260

)

 

 

 

Total deferred

 

 

110

 

 

 

(6,144

)

 

 

 

Total income tax benefit

 

$

(925

)

 

$

(6,144

)

 

$

(3

)

 

Variations from the federal statutory rate are as follows:

 

(in thousands)

 

2017

 

 

2016

 

 

2015

 

Expected federal income tax benefit at

   statutory rate of 34%

 

$

(8,373

)

 

$

(5,755

)

 

$

(3,068

)

Effect of permanent other differences

 

 

184

 

 

 

212

 

 

 

44

 

Return to provision adjustments

 

 

(1,144

)

 

 

 

 

 

 

Effect of federal rate change at year-end

 

 

2,870

 

 

 

 

 

 

 

Difference in basis for sale of discontinued

   operations

 

 

 

 

 

(347

)

 

 

 

State income tax benefit, net of federal benefit tax

   assets

 

 

(369

)

 

 

(254

)

 

 

(135

)

Valuation allowance

 

 

5,907

 

 

 

 

 

 

3,156

 

Total income tax benefit

 

$

(925

)

 

$

(6,144

)

 

$

(3

)

 

Deferred income taxes reflect 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 components of the net accumulated deferred income tax assets (liabilities) as of December 31, 2017 and 2016 are as follows:

 

 

 

As of December 31,

 

(in thousands)

 

2017

 

 

2016

 

Deferred tax assets (liabilities):

 

 

 

 

 

 

 

 

Stock-based compensation

 

$

587

 

 

$

264

 

Depreciation and amortization

 

 

(318

)

 

 

43

 

Section 181 qualified production expense

 

 

(1,933

)

 

 

(2,550

)

Net operating loss carryforward

 

 

6,012

 

 

 

 

Charitable carryforward

 

 

278

 

 

 

 

Other

 

 

342

 

 

 

737

 

Tax credits

 

 

276

 

 

 

953

 

Valuation allowance

 

 

(5,907

)

 

 

 

Total deferred tax assets (liabilities), net of valuation

   allowance

 

$

(663

)

 

$

(553

)

 

The source of income (loss) before income taxes are as follows:

 

(in thousands)

 

2017

 

 

2016

 

 

2015

 

Domestic

 

$

(24,626

)

 

$

(16,926

)

 

$

(9,022

)

Periodically, we perform assessments of the realization of our net deferred tax assets considering all available evidence, both positive and negative. During 2017, we determined that a $5.9 million valuation allowance against our deferred tax assets was necessary due to the cumulative loss incurred over a three-year period, excluding the sale of the Gaiam Brand segment in 2016.  We released a full valuation allowance in 2016 on these deferred tax assets and in 2017 for AMT tax credits as recent federal tax law has recharacterized them as fully refundable by 2021. We have federal and state net operating loss carryforwards of approximately $26.7 million and $1.3 million, respectively, which expire after 2037.

We realized $0.1 million and $0.8 million in tax benefits recorded to additional paid-in capital because of the exercise of stock options during 2017 and 2016, respectively. We recognize the tax benefit from an uncertain tax position only if it is more likely than not that the tax position will be sustained on examination by the taxing authorities, based on the technical merits of the position. We measure the tax benefits recognized in the consolidated financial statements from such a position based on the largest benefit that has a greater than 50% likelihood of being realized upon ultimate resolution. The application of income tax law is inherently complex. Laws and regulations in this area are voluminous and are often ambiguous. As such, we are required to make many subjective assumptions and judgments regarding our income tax exposures. Interpretations of and guidance surrounding income tax law and regulations change over time and may result in changes to our subjective assumptions and judgments which can materially affect amounts recognized in our consolidated balance sheets and consolidated statements of operations.

The result of our assessment of our uncertain tax positions did not have a material impact on our consolidated financial statements. Our federal and state tax returns for all years after 2012 are subject to future examination by tax authorities for all our tax jurisdictions. We recognize interest and penalties related to income tax matters in interest and other income (expense) and corporate, general and administrative expenses, respectively.