Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.3.1.900
Income Taxes
12 Months Ended
Jan. 02, 2016
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
The components of loss before income tax provision consist of the following:
 
 
Fiscal Year Ended
 
January 2, 2016

January 3, 2015

December 28, 2013
Domestic operations
$
(3,718
)

$
(7,424
)
 
$
(16,155
)
Foreign operations
483


476

 
564

Total loss before income taxes
$
(3,235
)
 
$
(6,948
)
 
$
(15,591
)

Income tax (benefit) provision for fiscal year 2015, 2014 and 2013 consists of the following:
 
 
Fiscal Year Ended
 
January 2, 2016
 
January 3, 2015
 
December 28, 2013
Current:
 
 
 
 
 
Federal tax
$


$

 
$

State tax
7


(15
)
 
20

Foreign tax
88


78

 
(37
)
Total current taxes
95

 
63

 
(17
)
Deferred:
 
 
 
 
 
Federal tax
(1,887
)

(2,232
)
 
(5,260
)
State tax
591


(125
)
 
(1,353
)
Foreign tax
61


74

 
60

Total deferred taxes
(1,235
)
 
(2,283
)
 
(6,553
)
Valuation allowance
329


2,358

 
6,613

Income tax (benefit) provision
$
(811
)
 
$
138

 
$
43



Income tax (benefit) provision differs from the amount that would result from applying the federal statutory rate as follows:
 
 
January 2, 2016

January 3, 2015

December 28, 2013
Income tax at U.S. federal statutory rate
$
(1,100
)

$
(2,362
)
 
$
(5,301
)
Share-based compensation
50


33

 
43

State income tax, net of federal tax effect
672


(143
)
 
(1,348
)
Foreign tax
(18
)

117

 
70

Basis difference in subsidiary equity
(820
)
 

 

Other
76


127

 
(42
)
Change in valuation allowance
329


2,366

 
6,621

Effective tax (benefit) provision
$
(811
)
 
$
138

 
$
43


For fiscal year 2015, 2014 and 2013, the effective tax rate for the Company was 25.1%, (2.0)% and (0.3)%, respectively. The Company’s effective tax rate for fiscal year 2015 differs from the U.S. federal rate primarily as a result of the recording of the basis difference in the Company’s subsidiary and the recording of valuation allowances against the Company’s deferred tax assets.  The Company’s effective tax rate for fiscal years 2014 and 2013 differs from the U.S. federal rate primarily as a result of the recording of valuation allowances against the Company’s deferred tax assets.
Deferred tax assets and deferred tax liabilities consisted of the following:
 
 
January 2, 2016
 
January 3, 2015
Deferred tax assets:
 
 
 
Inventory and inventory related allowance
$
976

 
$
1,334

Share-based compensation
4,924

 
5,248

Amortization
9,244

 
11,805

Sales and bad debt allowances
443

 
472

Vacation accrual
220

 
264

Book over tax amortization
31

 
10

Net operating loss and AMT credit carry-forwards
30,254

 
26,186

Other
843

 
807

Total deferred tax assets
46,935

 
46,126

Valuation Allowance
(46,196
)
 
(45,867
)
Net deferred tax assets
739

 
259

Deferred tax liabilities:
 
 
 
Investment in subsidiary
368

 
1,335

Tax over book depreciation
639

 
79

Foreign tax withholdings
470

 
409

Prepaid catalog expenses
100

 
180

Total deferred tax liabilities
1,577

 
2,003

Net deferred tax liabilities
$
(838
)
 
$
(1,744
)


At January 2, 2016, federal and state net operating loss (“NOL”) carryforwards were $68,307 and $79,046, respectively. Federal NOL carryforwards of $2,690 were acquired in the acquisition of WAG which are subject to Internal Revenue Code section 382 and limited to an annual usage limitation of $135. Federal NOL carryforwards begin to expire in 2029, while state NOL carryforwards begin to expire in 2016. The state NOL carryforwards expire in the respective tax years as follows:
 
2016-2022
$
40,569

2023-2033
38,477

Total
$
79,046


On October 8, 2014, AutoMD sold seven million shares of its common stock to third-party investors, reducing the Company’s ownership interest in AutoMD to 64.1%. AutoMD will no longer be included in the consolidated state and federal tax filings of the Company. As a result of the investment a deferred tax liability of $1,335 was created which reduced the increase in additional paid-in-capital which was created as a result of the investment. At January 2, 2016, AutoMD had net operating loss carryforwards (NOLs) of approximately $5,152 for federal tax purposes that begin to expire in 2031. AutoMD state NOLs were not material as of January 2, 2016.
The valuation allowance for deferred tax assets recorded during fiscal year 2015 and 2014 is based on a more likely than not threshold. The ability to realize deferred tax assets depends on the ability to generate sufficient taxable income within the carryback or carryforward periods provided for in the tax law for each applicable tax jurisdiction. We considered the following possible sources of taxable income when assessing the realization of deferred tax assets:
Future reversals of existing taxable temporary differences;
Future taxable income exclusive of reversing temporary differences and carryforwards;
Taxable income in prior carryback years; and
Tax-planning strategies.
Under the provisions of ASC 740, “Income Taxes”, management is required to evaluate whether a valuation allowance should be established against its deferred tax assets based on the consideration of all available evidence using a “more likely than not” standard. Realization of deferred tax assets is dependent upon taxable income in prior carryback years, estimates of future taxable income, tax planning strategies, and reversal of existing taxable temporary differences. ASC 740 provides that forming a conclusion that a valuation allowance is not needed is difficult when there is negative evidence such as cumulative losses in recent years or losses expected in early future years. Based on this evaluation, as of January 2, 2016, a valuation allowance of $46,196 has been recorded against our deferred tax assets.
If, in the future, we generate taxable income on a sustained basis in jurisdictions where we have recorded full valuation allowances, our conclusion regarding the need for full valuation allowances in these tax jurisdictions could change, resulting in the reversal of some or all of the valuation allowances. If our operations generate taxable income prior to reaching profitability on a sustained basis, we would reverse a portion of the valuation allowance related to the corresponding realized tax benefit for that period, without changing our conclusions on the need for a full valuation allowance against the remaining net deferred tax assets.
Included in accrued expenses are income taxes payable of $12 and $33 for the fiscal year 2015 and 2014 respectively, consisting primarily of foreign taxes.