Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.1.9
Income Taxes
12 Months Ended
Mar. 31, 2015
Income Tax Disclosure [Abstract]  
Income Taxes

15.

Income Taxes

 

The provision (benefit) for income taxes by taxing jurisdiction was as follows:

 

 

Year Ended

 

 

Year Ended

 

 

March 31

 

 

March 31

 

 

2015

 

 

2014

 

Current U.S. Federal

0

 

 

0

 

Current State and Local

25

 

 

0

 

Current Non-U.S.

324

 

 

 

(272

)

Total Current

349

 

 

 

(272

)

 

 

 

 

 

 

 

 

Deferred U.S. Federal

0

 

 

-

 

Deferred State  and Local

-

 

 

-

 

Deferred Non-U.S.

398

 

 

-

 

Total Deferred

398

 

 

0

 

 

 

 

 

 

 

 

 

Total Income Tax Provision

$

747

 

 

$

(272

)

A reconciliation of income tax expense using the statutory U.S. income tax rate compared with the actual income tax provision follows:

 

 

Year Ended

 

 

Year Ended

 

 

March 31

 

 

March 31

 

 

2015

 

 

2014

 

Statutory federal income taxes

$

(8,365

)

 

$

(6,017

)

State income taxes, net of federal benefit

 

17

 

 

 

(765

)

Write down of goodwill and other perm diff

 

2,171

 

 

 

895

 

Foreign expense

 

324

 

 

 

(136

)

Increase in valuation allowance

 

6,600

 

 

 

5,751

 

Income tax provision (benefit)

$

747

 

 

$

(272

)

Deferred tax assets and liabilities consist of the following:

 

 

Year Ended

 

 

Year Ended

 

 

March 31,

 

 

March 31,

 

 

2015

 

 

2014

 

Deferred Income Tax Assets

 

 

 

 

 

 

 

Net operating loss carryforward

$

25,668

 

 

$

19,621

 

Stock-based compensation

 

1,270

 

 

 

15,360

 

Credit carryforwards

 

123

 

 

 

268

 

Other

 

1,324

 

 

 

425

 

Gross deferred income tax asset

 

28,385

 

 

 

35,674

 

Valuation Allowance

 

(21,920

)

 

 

(35,154

)

Net deferred income tax asset

$

6,465

 

 

$

520

 

 

 

 

 

 

 

 

 

Deferred Income Tax Liabilities

 

 

 

 

 

 

 

Depreciation and amortization

$

(751

)

 

 

 

 

Intangibles and goodwill

 

(5,069

)

 

 

(269

)

Other

 

(780

)

 

 

-

 

Gross deferred income tax liabilities

 

(6,600

)

 

 

(269

)

Net deferred income tax liabilities

$

(135

)

 

$

251

 

 

In accordance with ASC 740 and based on all available evidence on a jurisdictional basis, the Company believes that, it is more likely than not that its deferred tax assets will not be utilized, and has recorded a full valuation allowance against its net deferred tax assets in each jurisdiction.

As of March 31, 2015, the Company had net operating loss (NOL) carry-forwards for U.S. federal and state tax of approximately $67,000, Australia federal tax of approximately $3,900, and Israel federal tax of approximately $2,100. The U.S. federal and state NOLs expire between 2028 and 2034, and the Australia and Israel NOLs have an unlimited carryover period. Utilization of the NOLs in the U.S. are subject to annual limitation due to ownership change limitations that may have occurred or that could occur in the future, as required by Section 382 of the Internal Revenue Code of 1986, as amended (the “Code”), as well as similar state and foreign limitations. These ownership changes limit the amount of NOLs that can be utilized annually to offset future taxable income and tax, respectively. In general, an “ownership change” as defined by Section 382 of the Code, results from a transaction of series of transactions over a three-year period resulting in an ownership change of more than 50 percentage points of the outstanding stock by a company by certain stockholders or public groups.

As of March 31, 2015, realization of the Company’s net deferred tax asset of approximately $28,400 was not considered more likely than not and, accordingly, a valuation allowance of $21,900 has been provided. During the year ended March 31, 2015, the valuation allowance decreased by $13,200.

ASC 740 requires the consideration of a valuation allowance to reflect the likelihood of realization of deferred tax assets. Significant management judgment is required in determining any valuation allowance recorded against deferred tax assets.

The Company adopted the provisions of ASC 740 on January 1, 2008 and there was no difference between the amounts of unrecognized tax benefits recognized in the balance sheet prior to the adoption of ASC 740 and those after the adoption of ASC 740.

ASC 740 provides guidance on the minimum threshold that an uncertain income tax position is required to meet before it can be recognized in the financial statements and applies to all tax positions taken by a company. ASC 740 contains a two-step approach to recognizing and measuring uncertain income tax positions. The first step is to evaluate the income tax position for recognition by determining if the weight of available evidence indicates that it is more likely than not that the position will be sustained on audit, including resolution of related appeals or litigation processes, if any. The second step is to measure the tax benefit as the largest amount that is more than 50% likely of being realized upon settlement. If it is not more likely than not that the benefit will be sustained on its technical merits, no benefit will be recorded. Uncertain income tax positions that relate only to timing of when an item is included on a tax return are considered to have met the recognition threshold. We recognize accrued interest and penalties related to uncertain income tax positions in income tax expense on our consolidated statement of income. On a quarterly basis, we evaluate uncertain income tax positions and establish or release reserves as appropriate under GAAP. We are multinational thus foreign tax estimates may vary from actuals.

The Company’s income is subject to taxation in both the U.S. and foreign jurisdictions. Significant judgment is required in evaluating the Company’s tax positions and determining its provision for income taxes. During the ordinary course of business, there are many transactions and calculations for which the ultimate tax determination is uncertain. The Company establishes reserves for tax-related uncertainties based on estimates of whether, and the extent to which, additional taxes will be due. These reserves for tax contingencies are established when the Company believes that certain positions might be challenged despite the Company’s belief that its tax return positions are fully supportable. The Company adjusts these reserves in light of changing facts and circumstances, such as the outcome of a tax audit or lapse of a statute of limitations. The provision for income taxes includes the impact of reserve provisions and changes to reserves that are considered appropriate.

A reconciliation of the beginning and ending amount of unrecognized tax benefits for the years ended December 31, 2015, 2014 and 2013 is as follows:

 

 

2015

 

 

2014

 

 

2013

 

 

 

 

Balance at April 1

 

61

 

 

 

61

 

 

 

61

 

Additions for tax position of prior years

 

844

 

 

 

-

 

 

 

-

 

Balance at March 31

$

905

 

 

$

61

 

 

$

61

 

 

Included in the balance at March 31, 2015, 2014 and 2013 are $351, $61, and $61, respectively, of unrecognized tax benefits, which would affect the annual effective tax rate if recognized. The Company recognized no interest and penalties on uncertain income tax liabilities in its statement of operations for the years ended March 31, 2015, 2014 or 2013, respectively. The Company expects the amount of unrecognized tax benefits to decrease by approximately $145 in the next twelve months.

The Company’s U.S. federal, state, and foreign income tax returns generally remain subject to examination for tax years ended 2011 through 2015.