Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

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INCOME TAXES
12 Months Ended
Dec. 31, 2017
INCOME TAXES [Abstract]  
INCOME TAXES
NOTE 17 – INCOME TAXES

The provision for income taxes consisted of the following:

   
Year ended December 31,
 
   
2017
   
2016
   
2015
 
   
(thousands of dollars)
 
Current federal provision (benefit)
 
$
(1,202
)
 
$
1,691
   
$
4,062
 
Current state provision
   
282
     
18
     
285
 
                         
Deferred federal provision (benefit)
   
(6,320
)
   
8,645
     
5,367
 
Deferred state provision
   
81
     
150
     
50
 
                         
Income tax expense (benefit)
 
$
( 7,159
)
 
$
10,504
   
$
9,764
 

We had no Saudi Arabian income tax expense or liability in 2017, 2016, or 2015.

The difference between the effective tax rate in income tax expense and the Federal statutory rate of 35% for the years ended December 31, 2017, 2016, and 2015, is as follows:

   
2017
   
2016
   
2015
 
   
(thousands of dollars)
 
Income taxes at U.S. statutory rate
 
$
3,885
   
$
10,476
   
$
9,927
 
State taxes, net of federal benefit
   
235
     
285
     
230
 
Net operating loss carryback
   
(961
)
   
-
     
-
 
Permanent and other items
   
(11
)
   
(257
)
   
(393
)
Deferred tax impact of US tax reform
   
(10,307
)
   
-
     
-
 
    Total tax expense (benefit)
 
$
(7,159
)
 
$
10,504
   
$
9,764
 

The Texas margin tax rate was reduced in a legislative reduction effective January 1, 2015.  Permanent differences are primarily due to the Federal manufacturer's deduction, research and development credit, and stock based compensation.

The Company has recognized the provisional tax impacts related to the acceleration of depreciation and included these amounts in its consolidated financial statements for the year ended December 31, 2017. The ultimate impact may differ from these provisional amounts, possibly materially, due to, among other things, additional analysis, changes in interpretations and assumptions the Company has made, additional regulatory guidance that may be issued, and actions the Company may take as a result of the TCJA. The Company did not identify items for which the income tax effects of the TCJA have not been completed and a reasonable estimate could not be determined as of December 31, 2017.

The changes to existing U.S. tax laws as a result of the TCJA, which will have the most significant impact on the Company's federal income taxes are as follows:

Reduction of the U.S. Corporate Income Tax Rate - The Company uses the asset and liability method of accounting for income taxes. Under this method, deferred tax assets and liabilities are recognized for the future tax consequences attributable to differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax basis. Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to reverse. As a result of the reduction in the U.S. corporate income tax rate from 35% to 21% under the TCJA, the Company revalued its ending net deferred tax liabilities at December 31, 2017.

Acceleration of Depreciation - The Company recognized a provisional reduction to net deferred tax assets attributable to the accelerated depreciation for certain assets placed into service after September 27, 2017. This provisional adjustment resulted in an increase in income tax receivable of approximately $961,000.

Tax effects of temporary differences that give rise to significant portions of federal and state deferred tax assets and deferred tax liabilities were as follows:
   
December 31,
 
   
2017
   
2016
 
   
(thousands of dollars)
 
Deferred tax liabilities:
           
  Plant, pipeline and equipment
 
$
(17,014
)
 
$
(22,598
)
  Intangible assets
   
(778
)
   
(786
)
  Other assets
   
(4
)
   
(10
)
  Investment in AMAK
   
(1,023
)
   
(3,109
)
  Total deferred tax liabilities
 
$
(18,819
)
 
$
(26,503
)
                 
Deferred tax assets:
               
  Accounts receivable
   
198
     
322
 
  Inventory
   
156
     
1,283
 
  Mineral interests
   
226
     
376
 
  Unrealized loss on swap agreements
   
-
     
20
 
  Post-retirement benefits
   
252
     
423
 
  Stock-based compensation
   
971
     
1,372
 
    Gross deferred tax assets
   
1,803
     
3,796
 
  Valuation allowance
   
(226
)
   
(376
)
  Total net deferred tax assets
 
$
1,577
   
$
3,420
 
    Net deferred tax liabilities
 
$
(17,242
)
 
$
(23,083
)


We provided a valuation allowance in 2017 and 2016 against certain deferred tax assets because of uncertainties regarding their realization.  The change in valuation allowance for 2017 of $150 was due to the re-measuring of the valuation allowance due to the TCJA.  There was no change in the valuation allowance for 2016.

We file an income tax return in the U.S. federal jurisdiction and a margin tax return in Texas.  We received notification from the Internal Revenue Service ("IRS") in November 2016 on the selection of the December 31, 2014 tax return for audit. The IRS expanded its audit to include the Research and Development ("R&D") Credits for the year ended December 31, 2015. We also received notification that Texas will audit our R&D credit calculations for 2014 and 2015.  We are in the process of submitting additional documentation to Texas.  We do not expect any changes related to the IRS and Texas audits.  Our federal and Texas tax returns remain open for examination for the years 2014 through 2017.

We recognized no adjustment for uncertain tax positions.  As of December 31, 2017, and 2016, no interest or penalties related to uncertain tax positions had been accrued.