Annual report pursuant to Section 13 and 15(d)

Note 9 - Income Taxes

v3.8.0.1
Note 9 - Income Taxes
12 Months Ended
Dec. 31, 2017
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
Note
9:
 
Income Taxes
 
Income tax provision reported in the consolidated statements of operations is comprised of the following (in hundreds):
 
    December 31,
    2017   2016
Current provision:                
Federal   $
-
    $
22,800
 
State, net of state tax credits    
20,100
     
20,900
 
Total current provision    
20,100
     
43,700
 
                 
Deferred provision:                
Federal    
13,800
     
97,400
 
State    
2,000
     
23,300
 
Total deferred provision    
15,800
     
120,700
 
                 
Total income tax provision   $
35,900
    $
164,400
 
 
The following are the components of the Company’s net deferred taxes for federal and state income taxes (in hundreds):
 
    December 31,
    2017   2016
         
Deferred revenue   $
756,900
    $
1,509,400
 
Deferred franchise costs    
(281,000
)    
(553,900
)
Allowance for doubtful accounts    
-
     
51,400
 
Accrued expenses    
45,300
     
57,400
 
Goodwill - component 1    
(136,500
)    
(120,700
)
Goodwill - component 2    
55,500
     
86,800
 
Restricted stock compensation    
(17,900
)    
(30,800
)
Nonqualified stock options    
152,900
     
182,100
 
Deferred rent    
257,100
     
629,600
 
Lease abandonment    
80,600
     
108,900
 
Net operating loss carryforwards    
7,061,300
     
8,924,800
 
Tax credits    
14,000
     
14,000
 
Charitable contribution carryover    
5,200
     
6,500
 
Asset basis difference related to property and equipment    
377,800
     
201,300
 
Intangibles    
368,100
     
429,600
 
     
8,739,300
     
11,496,400
 
Less valuation allowance    
(8,875,800
)    
(11,617,100
)
Net non-current deferred tax liability   $
(136,500
)   $
(120,700
)
 
The
2017
Tax Act was signed into law on
December 22, 2017.
The
2017
Tax Act significantly revises the U.S. corporate income tax by, among other things, lowering the statutory corporate tax rate from
34%
to
21%,
eliminating certain deductions, imposing a mandatory
one
-time tax on accumulated earnings of foreign subsidiaries, introducing new tax regimes, and changing how foreign earnings are subject to U.S. tax. The Company has
not
completed its determination of the accounting implications of the
2017
Tax Act on its accruals. However, it has reasonably estimated the effects of the
2017
Tax Act and recorded a provisional tax expense in its financial statements as of
December 31, 2017
of approximately
$3.9
million. This amount is a remeasurement of federal net deferred tax assets resulting from the permanent reduction in the U.S. statutory corporate tax rate to
21%
from
34%.
As the Company completes its analysis of the
2017
Tax Act, collects and prepares necessary data, and interprets any additional guidance issued by the U.S. Treasury Department, the IRS, and other standard-setting bodies, it
may
make adjustments to the provisional amounts.
 
At
December 31, 2017,
the Company has federal and state net operating losses of approximately
$26,527,000
and
$32,030,000
respectively. These net operating losses are available to offset future taxable income and will begin to expire in
2035
for federal purposes and
2025
for state purposes.
  
The following is a reconciliation of the statutory federal income tax rate applied to pre-tax accounting net loss, compared to the income tax provision in the consolidated statement of operations (in hundreds):
 
    For the Years Ended December 31,
    2017   2016
    Amount   Percent   Amount   Percent
Expected federal tax benefit   $
(1,100,000
)    
(34.00
)%   $
(5,106,100
)    
(34.00
)%
State tax provision, net of federal benefit    
(140,200
)    
(4.33
)    
(735,500
)    
(4.90
)
Effect of (decrease) increase in valuation allowance    
(2,741,300
)    
(84.73
)    
6,042,900
     
40.24
 
Other permanent differences    
16,700
     
0.52
     
108,800
     
0.72
 
Stock Compensation    
(131,900
)    
(4.08
)    
-
     
-
 
Impact of enacted tax reform    
3,946,100
     
121.97
     
-
     
-
 
State deferred tax true up    
185,000
     
5.72
     
-
     
-
 
Other, net    
1,500
     
0.05
     
(145,700
)    
(0.97
)
Provision   $
35,900
     
1.11
%   $
164,400
     
1.09
%
 
The state tax benefit stems from the resolution of various voluntary disclosure agreements with multiple states where the Company had
not
yet been in compliance. In addition, the Company is responsible to pay certain minimum and franchise taxes to jurisdictions in which it does business.
 
Changes in income tax expense related primarily to changes in pretax losses during the year ended
December 31, 2017,
as compared to year ended
December 31, 2016,
and the effective rate was
1.1%
and
1.1%,
respectively. The difference is primarily due to state taxes, stock compensation and the impact of enacted tax reform which is mostly offset by the valuation allowance.
 
For the year ended
December 31, 2017
and,
2016,
the Company recorded a liability for income taxes for operations and uncertain tax positions of
$0
and approximately
$40,000,
respectively, of which
$0
and approximately
$27,000
respectively, represent penalties and interest and are recorded in the “other liabilities” section of the accompanying consolidated balance sheets. Interest and penalties associated with tax positions are recorded in the period assessed as general and administrative expenses. Management made a determination that the Company was
not
in compliance with several state and local tax jurisdictions in which the Company was doing business. Accordingly, management undertook to analyze its tax exposures, both income and otherwise, with respect to jurisdictions in which compliance was deemed to be inadequate and has entered into Voluntary Disclosure Agreements (VDAs) with the taxing authorities.
  
The following table sets forth a reconciliation of the beginning and ending amount of uncertain tax positions during the tax years ended
December 31, 2017
and
2016
(in hundreds):
 
    2017   2016
    Tax   Interest/
penalties
  Tax   Interest/
penalties
Uncertain tax positions - January 1   $
13,200
  $
26,800
    $
32,600
    $
33,000
 
Gross increases - tax positions in prior period    
-
     
-
     
-
     
-
 
Gross decreases - tax positions in prior period    
(13,200
)    
(26,800
)    
(19,400
)    
(6,200
)
Uncertain tax positions - December 31   $
-
    $
-
    $
13,200
    $
26,800
 
 
The Company’s tax returns for tax years subject to examination by tax authorities include
2013
through the current period for state and
2014
through the current period for federal purposes.