JTH Holding Inc., the parent company of Liberty Tax Service, said it has received a letter from the Nasdaq Stock Market indicating it was not in compliance with Nasdaq’s continued listing requirements.
JTH said Wednesday it anticipated the letter as it has not yet completed some previously announced restatements of its prior financial statements, which it admitted are necessary in order to file its Form 10-K annual report for the year ended April 30, 2013 with the Securities and Exchange Commission by the extended deadline of Aug. 13, 2013.
Liberty is one of the largest tax prep chains in the country. Its holding company disclosed earlier this month that it would be restating several previously issued financial statements because of accounting changes in response to comments received from the SEC staff.
JTH said it is working diligently on the matter and intends to file its annual report on Form 10-K as soon as practicable. JTH added that it does not anticipate additional staff comments from the SEC that will further delay the restatement process or the Form 10-K filing, although that filing and the company's other filings will remain subject to further SEC review.
The letter from Nasdaq states that JTH has been given until Oct. 14, 2013 to submit a plan to regain compliance. JTH said it believes it will file its annual report on Form 10-K and regain compliance before the deadline for submitting a plan.