Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.0.8
Income Taxes
12 Months Ended
Dec. 31, 2013
Income Taxes

10. Income Taxes

Our provision for income tax expense (benefit) for continuing operations is comprised of the following:

 

     For the Years Ended December 31,  

(in thousands)

   2013     2012     2011  

Current:

      

Federal

   $ 536      $ (4,463   $ 426   

State

     (68     (293     129   

International

     223        196        236   
  

 

 

   

 

 

   

 

 

 
     691        (4,560     791   
  

 

 

   

 

 

   

 

 

 

Deferred:

      

Federal

     23,619        (4,552     (10,735

State

     1,591        (328     (763

International

     73        (4     (6
  

 

 

   

 

 

   

 

 

 
     25,283        (4,884     (11,504
  

 

 

   

 

 

   

 

 

 
   $ 25,974      $ (9,444   $ (10,713
  

 

 

   

 

 

   

 

 

 

Variations from the federal statutory rate are as follows:

 

(in thousands)

   2013     2012     2011  

Expected federal income tax expense (benefit) at statutory rate of 34%

   $ 2,003      $ (4,348   $ (12,235

Effect of permanent goodwill impairment and worthless stock differences

     —          —          7,668   

Effect of 2008 State NOL’s and option forfeitures

     189        —          —    

Effect of permanent enhanced charitable donation differences

  

 

—  

  

 

 

(31

    (25

Effect of permanent other differences

  

 

269

  

    34        96   

Effect of change in financial statement carrying value of investment

     —          (5,077     (5,534

State income tax expense (benefit), net of federal benefit

     67        (196     (872

Federal tax credits

     —          —          (164

Establishment of valuation allowance on net deferred tax assets

     23,153        —          —     

Other

     337        209        406   

Effect of differences between U.S. taxation and foreign taxation

     (44     (35     (53
  

 

 

   

 

 

   

 

 

 

Income tax expense (benefit)

   $ 25,974      $ (9,444   $ (10,713
  

 

 

   

 

 

   

 

 

 

 

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 as of December 31, 2013 and 2012 are as follows:

 

     December 31,  

(in thousands)

   2013     2012  

Deferred tax assets (liabilities):

    

Current:

    

Provision for doubtful accounts

   $ 171      $ 245   

Inventory-related expense

     950        699   

Accrued liabilities

     3,341        3,888   

Net operating loss carryforward

     820        3,617   

Worthless Stock Deduction

     3,055        —     

Impaired loans to affiliate

     —          959   

Prepaid and deferred catalog costs

     (103     (250

Other

     35        (29

Exit Activity Accruals

     1,603        —     
  

 

 

   

 

 

 

Total current deferred tax assets

     9,872        9,129   

Valuation allowance

     (9,872     —     
  

 

 

   

 

 

 

Total current deferred tax assets, net of valuation allowance

   $ —        $ 9,129   
  

 

 

   

 

 

 

Non-current:

    

Depreciation and amortization

   $ (825   $ 288   

Section 181 qualified production expense

     (850     (4,579

Net operating loss carryforward

     15,297        13,737   

Charitable carryforward

     1,567        1,681   

Loss (gain) from change in financial statement carrying value of investment, net

     55        228   

Gain from foreign business acquisition

     (347     (347

Impairment of intangibles

     —          5,412   

Tax credits

     920        899   

Other

     69        42   
  

 

 

   

 

 

 

Total non-current deferred tax assets

     15,886        17,361   

Valuation allowance

     (15,886     (2,669
  

 

 

   

 

 

 

Total non-current deferred tax assets, net of valuation allowance

     —          14,692   
  

 

 

   

 

 

 

Total net deferred tax assets

   $ —        $ 23,821   
  

 

 

   

 

 

 

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

 

(in thousands)

   2013      2012     2011  

Domestic

   $ 5,503       $ (29,162   $ (34,977

International

     373         493        (1,009
  

 

 

    

 

 

   

 

 

 
   $ 5,876       $ (28,669   $ (35,986
  

 

 

    

 

 

   

 

 

 

On December 31, 2011, we adjusted the financial statement carrying value of our equity method investment in Real Goods Solar to its estimated fair value due to deconsolidation. Accordingly, we also adjusted the related deferred tax liability for the temporary difference in basis for this investment, thereby recognizing during 2011 an income tax benefit of $7.1 million and a credit to additional paid-in capital of $0.6 million.

Income tax benefit for 2012 includes $6.0 million due to the reducing of a deferred tax liability related to the carrying value of our equity method investment in Real Goods Solar and the reduction of the carrying value of our loans to Real Goods Solar. See Note 3. Related Party Transactions.

Certain of our subsidiaries, namely those for which we own less than 80% of their shares and voting rights and/or are foreign entities, file tax returns separately from Gaiam’s consolidated tax group. At December 31, 2013, we had made a provision for U.S. federal and state income taxes on approximately $0.3 million of undistributed foreign earnings, which are not expected to remain outside of the U.S. indefinitely. Deferred tax liabilities have been established for future taxes on distribution of foreign earnings in the form of dividends or otherwise, in order to derive, for financial statement purposes, the U.S. income taxes (net of tax on foreign tax credits), state income taxes, and withholding taxes payable to the various foreign countries.

 

Periodically, we perform assessments of the realization of our net deferred tax assets considering all available evidence, both positive and negative. A significant piece of evidence evaluated was the cumulative loss incurred over the three-year period ended December 31, 2013. Such objective evidence limits the ability to consider other subjective evidence such as our projections for future growth. On the basis of this assessment, we recorded a charge of $23.2 million to income tax expense to record a valuation allowance against our deferred tax assets as of December 31, 2013. As income is generated in future periods, the Company expects to reverse the valuation allowance and utilize the deferred tax assets.

Based on Real Goods Solar’s establishment of a valuation allowance for all its net deferred tax assets at December 31, 2012, we established a valuation allowance, by charging loss from equity method investment, for our entire $1.6 million deferred tax asset related to our Tax Sharing Agreement with Real Goods Solar. See Note 3. Related Party Transactions. We concluded that no other changes to our existing valuation allowances were necessary. We expect our net deferred tax assets, less the valuation allowances, at December 31, 2013 to be fully recoverable through the reversal of taxable temporary differences and normal business activities in future years.

We realized $0.5 million in tax deductions and $0.7 million in tax benefits recorded to additional paid-in capital as a result of the exercise of stock options for the year ended December 31, 2013. No stock options were exercised during 2012. Also, we charged $0.9 million to additional paid-in capital during the year ended December 31, 2011 as a result of adjustments to a deferred tax liability caused by temporary changes in the financial statement carrying value of our investment in Real Goods Solar.

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 2009 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 administration expenses, respectively.