Annual report pursuant to Section 13 and 15(d)

Note 13 - Income Taxes

v3.22.4
Note 13 - Income Taxes
12 Months Ended
Oct. 31, 2022
Notes to Financial Statements  
Income Tax Disclosure [Text Block]

Note 13. Income Taxes

 

The sources of income before income taxes for the fiscal years ended October 31, 2022 and  October 31, 2021 are as follows:

 

(in thousands)

 

Year Ended October 31, 2022

   

Year Ended October 31, 2021

 

United States

  $ 32,252     $ (13,162 )

Foreign

    1,950       731  

Total

  $ 34,202     $ (12,431 )

 

The components of the provision for income taxes for the fiscal years ended October 31, 2022 and  October 31, 2021 are as follows:

 

(in thousands)

 

Year Ended October 31, 2022

   

Year Ended October 31, 2021

 

Current tax provision (benefit):

               

Federal

  $ -     $ -  

Foreign

    (113 )     (375 )

State and local

    434       470  

Total current tax provision

    321       95  
                 

Deferred tax provision (benefit):

               

Federal

  $ 4,575     $ 483  

Foreign

    70       2,134  

State and local

    560       (70 )

Total deferred tax benefit

    5,205       2,547  
                 

Net provision for income taxes

  $ 5,526     $ 2,642  

 

For the fiscal years ended October 31, 2022 and  October 31, 2021, the income tax provision differs from the expected tax provision computed by applying the U.S. federal statutory rate to income before taxes as a result of the following:

 

(in thousands)

 

Year Ended October 31, 2022

   

Year Ended October 31, 2021

 

Income tax expense/(benefit) per federal statutory rate of 21% for each period

  $ 7,182     $ (2,611 )

State income taxes, net of federal deduction

    898       193  

Change in deferred tax rate

    81       (92 )

Warrant fair value change

    (2,078 )     2,078  

Deferred tax on undistributed foreign earnings

    (827 )     505  

Impact of tax reform in the U.K. (see discussion below)

    -       2,125  

Increase in valuation allowance

    71       -  

Other

    199       444  

Income tax provision

  $ 5,526     $ 2,642  

 

The tax effects of the temporary differences giving rise to the Company’s net deferred tax liabilities for fiscal years ending October 31, 2022 and at October 31, 2021 are summarized as follows:

 

(in thousands)

 

Year Ended October 31, 2022

   

Year Ended October 31, 2021

 

Deferred tax assets:

               

Accrued insurance reserve

  $ 2,385     $ 1,329  

Accrued sales and use tax

    75       75  

Accrued bonuses and vacation

    1,737       1,276  

Accrued payroll tax

    445       675  

Foreign tax credit carryforward

    80       80  

State tax credit carryforward

    38       50  

Interest expense carryforward

    576       649  

Stock-based compensation

    3,105       3,608  
Prepaid expenses     (172 )     -  

Operating lease liability

    6,315       -  

Other

    400       364  

Net operating loss carryforward

    25,894       17,771  

Total deferred tax assets

  $ 40,878     $ 25,877  

Valuation allowance

    (134 )     (63 )

Net deferred tax assets

  $ 40,744     $ 25,814  
                 

Deferred tax liabilities:

               

Intangible assets

    (17,758 )     (23,837 )

Property and equipment

    (90,998 )     (71,400 )

Prepaid expenses

    -       (157 )

Right-of-use operating lease asset

    (6,211 )     -  

Unremitted foreign earnings

    -       (986 )

Total net deferred tax liabilities

    (114,967 )     (96,380 )
                 

Net deferred tax liabilities

  $ (74,223 )   $ (70,566 )

 

As of October 31, 2022, the Company has the following tax carryforwards:

 

(in millions)

 

Balance as of October 31, 2022

   

Year that Carryforwards Begin to Expire

 

Federal net operating loss carryforwards

  $ 105.5    

N/A – Carried forward indefinitely

 

State net operating loss carryforwards

    50.3       2026  

Foreign net operating loss carryforwards

    11.9     N/A – Carried forward indefinitely  

Foreign tax carryforwards

    0.1       2026  

State credit carryforwards

    -       2023  

Interest expense carryforwards

    12.4    

N/A – Carried forward indefinitely

 

Total tax carryforwards

  $ 180.2          

 

The Company does not consider that earnings from non-U.S. affiliates will be permanently reinvested. As such, the Company has provided U.S. deferred taxes on cumulative earnings of all of its non-U.S. affiliates.

 

In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized.  The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, carryback opportunities, and tax planning strategies in making the assessment. The Company believes it is more likely than not that it will realize the benefits of these deductible differences, net of the valuation allowance provided. The valuation allowance provided by the Company relates to foreign tax credit carryforwards.

 

The Company files income tax returns with the U.S., various state governments and the U.K. With few immaterial exceptions, the Company is no longer subject to U.S. federal, foreign and state income tax examinations by tax authorities for tax years before October 31, 2020.

 

Pursuant to Internal Revenue Code Section 382, annual use of the Company’s NOL carryforwards may be limited in the event a cumulative change in ownership of more than 50% occurs within a three-year period. The Company has determined that no such change in ownership happened during the fiscal years ended October 31, 2022 or 2021.

 

The following table summarizes the changes in the Company's unrecognized tax benefits during the fiscal years ended October 31, 2022 and 2021. The Company expects no material changes to unrecognized tax positions within the next twelve months. If recognized, none of these benefits would favorably impact the Company's income tax expense, before consideration of any related valuation allowance:

 

(in thousands)

 

Year Ended October 31, 2022

   

Year Ended October 31, 2021

 

Balance, beginning of year

  $ 1,452     $ 1,572  

Increase in current year position

    -       -  

Increase in prior year position

    -       -  

Decrease in prior year position

    (119 )     (120 )

Lapse in statute of limitations

    -       -  

Balance, end of year

  $ 1,333     $ 1,452  

 

As of October 31, 2022 and 2021, the company has recognized no interest or penalties.

 

On August 15, 2022, President Biden signed the Inflation Reduction Act into law. Management has reviewed the tax provisions of this legislation and has determined that there are no provisions that would have a material impact on the Company.

 

On May 24, 2021 the House of Commons in the U.K. enacted legislation, the Finance Act 2021, which increases the U.K. corporation tax rate from 19% to 25% effective April 1, 2023, for companies with profits in excess of GBP 250,000. As a result of the Finance Act 2021 the Company recorded tax expense of $2.2 million in fiscal 2021 related to the remeasurement of certain deferred tax assets and liabilities that are expected to reverse after April 1, 2023.