NOTE 10 - INCOME TAXES

 

Income tax expense from continuing operations consists of the following:

 

 

Austin Taylor Communications, Ltd. operates in the United Kingdom (U.K.) and is subject to U.K. rather than U.S. income taxes.  Austin Taylor had pretax losses of $389,000,  $428,000 and $419,000 in 2014,  2013 and 2012 respectively.  At the end of 2014, Austin Taylor’s net operating loss carry-forward was $6,957,000.  The Company remains uncertain that it will be able to generate the future income needed to realize the tax benefit of the carry-forward.  Accordingly, the Company has continued to maintain its deferred tax valuation allowance against the potential carry-forward benefit.

 

Transition Networks EMEA, Ltd. operates in the U.K. and is subject to U.K. rather than U.S. income taxes. Transition Networks EMEA, Ltd. had pretax losses of $54,000 and $2,754,000 in 2014 and 2013, respectively and pretax income of $316,000 in 2012.  Austin Taylor's net operating loss provided group relief to Transition Networks EMEA, Ltd. during 2012. At the end of 2014, Transition Networks EMEA, Ltd.’s net operating loss carry-forward was $37,000.

 

In 2007, Transition Networks China began operations in China and is subject to Chinese taxes rather than U.S. income taxes.  Transition Networks China had pretax income of $345,000, $341,000,  $36,000 in 2014, 2013, and 2012 respectively.  At the end of 2014, Transition Networks China's net operating loss carry-forward was $460,000.  Due to the history of losses in China the Company remains uncertain that it will be able to generate the future income needed to realize the tax benefit of the carry-forward.  Accordingly, the Company has continued to maintain its deferred tax valuation reserve against the potential carry-forward benefit. 

 

Suttle Costa Rica, S.A. operates in Costa Rica and is subject to Costa Rica income taxes. In 2005, the Board of Directors of Suttle Costa Rica S. A. declared a dividend in the amount of $3,500,000 payable to the Company. The dividend and related “dividend reinvestment plan” qualify under Internal Revenue Code Sec. 965, which allows the Company to receive an 85% dividend-received deduction if the amount of the dividend is reinvested in the United States pursuant to a domestic reinvestment plan.  The Company made the required qualified capital expenditures in 2006.  It is the Company’s intention to maintain the remaining undistributed earnings in its Costa Rica subsidiary to support continued operations there. No deferred taxes have been provided for the undistributed earnings.    

 

Suttle Costa Rica had pretax income of $321,000, $152,000 and $168,000 in 2014,  2013 and 2012 respectively.  At the end of 2012, Suttle Costa Rica’s net operating loss carry-forward was $0. 

 

The provision for income taxes for continuing operations varied from the federal statutory tax rate as follows:

 

 

 

Deferred tax assets and liabilities as of December 31 related to the following:

 

The Company assesses uncertain tax positions in accordance with ASC 740. Under this method, the Company must 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. The tax benefits recognized in the financial statements from such uncertain tax positions are measured based on the largest benefit that has a greater than fifty percent likelihood of being realized upon ultimate resolution. The Company’s practice is to recognize interest and penalties related to income tax matters in income tax expense.

Changes in the Company’s uncertain tax positions are summarized as follows:

 

 

 

Included in the balance of uncertain tax positions at December 31, 2014 are $76,000 of tax benefits that if recognized would affect the tax rate.  There are no expected significant changes in the Company’s uncertain tax positions in the next twelve months.  The Company’s income tax liability accounts included accruals for interest and penalties of $2,000 at December 31, 2014.  The Company’s 2014 income tax expense decreased by $159,000 due to net decreases for accrued interest and penalties.

 

The Company’s federal and state tax returns and tax returns it has filed in Costa Rica and the United Kingdom are open for review going back to the 2011 tax year.