Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.1.9
Income Taxes
12 Months Ended
Jan. 03, 2015
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
The components of loss before income tax provision consist of the following:
 
 
Fiscal Year Ended
 
January 3, 2015

December 28, 2013

December 29, 2012
Domestic operations
$
(7,424
)

$
(16,155
)
 
$
(37,469
)
Foreign operations
476


564

 
554

Total loss before income taxes
$
(6,948
)
 
$
(15,591
)
 
$
(36,915
)

Income tax (benefit) provision for fiscal year 2014, 2013 and 2012 consists of the following:
 
 
Fiscal Year Ended
 
January 3, 2015
 
December 28, 2013
 
December 29, 2012
Current:
 
 
 
 
 
Federal tax
$


$

 
$

State tax
(15
)

20

 
14

Foreign tax
78


(37
)
 
(76
)
Total current taxes
63

 
(17
)
 
(62
)
Deferred:
 
 
 
 
 
Federal tax
(2,232
)

(5,260
)
 
(12,612
)
State tax
(125
)

(1,353
)
 
(2,618
)
Foreign tax
74


60

 
275

Total deferred taxes
(2,283
)
 
(6,553
)
 
(14,955
)
Valuation allowance
2,358


6,613

 
14,080

Income tax (benefit) provision
$
138

 
$
43

 
$
(937
)


Income tax (benefit) provision differs from the amount that would result from applying the federal statutory rate as follows:
 
 
January 3, 2015

December 28, 2013

December 29, 2012
Income tax at U.S. federal statutory rate
$
(2,362
)

$
(5,301
)
 
$
(12,551
)
Share-based compensation
33


43

 
38

State income tax, net of federal tax effect
(143
)

(1,348
)
 
(2,528
)
Foreign tax
117


70

 
(27
)
Other
127


(42
)
 
51

Change in valuation allowance
2,366


6,621

 
14,080

Effective tax (benefit) provision
$
138

 
$
43

 
$
(937
)

For fiscal year 2014, 2013 and 2012, the effective tax rate for the Company was (2.0)%, (0.3)% and 2.5%, respectively. The Company’s effective tax rate for fiscal years presented differs from the U.S. federal rate primarily as a result of the recording valuation allowances against the Company’s deferred tax assets.
Deferred tax assets and deferred tax liabilities consisted of the following:
 
 
January 3, 2015
 
December 28, 2013
Deferred tax assets:
 
 
 
Inventory and inventory related allowance
$
1,334

 
$
1,075

Share-based compensation
5,248

 
4,545

Amortization
11,805

 
13,704

Sales and bad debt allowances
472

 
583

Vacation accrual
264

 
374

Book over tax amortization
10

 
377

Net operating loss and AMT credit carry-forwards
26,186

 
23,114

Other
807

 
388

Total deferred tax assets
46,126

 
44,160

Valuation Allowance
(45,867
)
 
(43,509
)
Net deferred tax assets
259

 
651

Deferred tax liabilities:
 
 
 
Investment in subsidiary
1,335

 

Tax over book depreciation
79

 
784

Foreign tax withholdings
409

 

Prepaid catalog expenses
180

 
202

Total deferred tax liabilities
2,003

 
986

Net deferred tax liabilities
$
(1,744
)
 
$
(335
)


At January 3, 2015, federal and state net operating loss (“NOL”) carryforwards were $57,552 and $73,610, 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. Additionally, the tax benefit of $41 of the federal and state NOL carryforwards which was created by the exercise of stock options will be credited to additional paid-in-capital once recognized. Federal NOL carryforwards begin to expire in 2029, while state NOL carryforwards begin to expire in 2015. The state NOL carryforwards expire in the respective tax years as follows:
 
2015-2022
$
40,553

2023-2032
33,057

Total
$
73,610


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. For the fiscal year ended January 3, 2015, the effective tax rate for AutoMD was (0.2)%. AutoMD's effective tax rate differs from the U.S. federal statutory rate primarily as a result of the recording of a $195 valuation allowance against the Company's net deferred tax assets. At January 3, 2015, AutoMD had net operating loss carryforwards (NOLs) of approximately $2,582 for federal tax purposes that begin to expire in 2031. AutoMD state NOLs were not material as of January 3, 2015.
The valuation allowance for deferred tax assets recorded during fiscal year 2014 and 2013 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 3, 2015, a valuation allowance of $45,867 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 $33 and $26 for the fiscal year 2014 and 2013 respectively, consisting primarily of foreign taxes.