In December 2017, the Tax Cuts and Jobs Act of 2017 (the “TCJA”) was signed into law making significant changes to the Internal Revenue Code. Changes include, but are not limited to, a federal corporate tax rate decrease from 35% to 21% for tax years beginning after December 31, 2017, the transition of U.S international taxation from a worldwide tax system to a territorial system, the elimination of alternative minimum tax (“AMT”) for corporations and a one-time transition tax on the mandatory deemed repatriation of foreign earnings.

Due to the timing of the new tax law and the substantial changes it brings, the Commission issued Staff Accounting Bulletin No. 118 (“SAB 118”), which provides registrants a measurement period to report the impact of the new US tax law. During the measurement period, provisional amounts for the effects of the law are recorded to the extent a reasonable estimate can be made. To the extent that all information necessary is not available, prepared or analyzed, companies may recognize provisional estimated amounts for a period of up to one year following enactment of the TCJA. As permitted by SAB 118, the Company recognized a tax benefit in the fourth quarter of 2017 specific to the enactment of the TCJA. The benefit of approximately $1,695,000 recorded at the fourth quarter of 2017 related to the remeasurement of deferred taxes and the refundability of AMT credit carryforwards.

An additional provision of the TCJA was to provide an indefinite carryforward period for net operating losses (“NOLs”) generated starting in 2018. Also, the law limits the utilization of these NOLs to 80% of taxable income in the year in which the NOL is utilized. The Company has been carrying on its balance sheet a deferred tax liability related to indefinite-lived intangible assets. A common accounting interpretation of the new TCJA provisions is that deferred tax assets related to indefinite-lived NOLs may now be used to offset indefinite-lived deferred tax liabilities, up to 80% of the amount of the liability. As the Company is now forecasting a substantial tax loss for the full year, due to the closure of the M&EC facility, the Company is releasing a portion of the valuation allowance against deferred tax assets equal to 80% of the deferred tax liability related to indefinite-lived intangible assets. As such, during the third quarter of 2018, the Company recorded a tax benefit in the amount of approximately $1,380,000 in accordance to the provisions of the TCJA.

The Company had income tax benefits of $1,342,000 and $1,272,000 for continuing operations for the three and nine months ended September 30, 2018, respectively. The Company had income tax expenses of $71,000 and $218,000 for continuing operations for the three and nine months ended September 30, 2017, respectively. The Company’s effective tax rates were approximately 130.9% and 1,479.1% for the three and nine months ended September 30, 2018, respectively, and 3.7% and 6.0% for the three and nine months ended September 30, 2017, respectively.