Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.0.8
Income Taxes
12 Months Ended
Mar. 31, 2014
Income Taxes
15. Income Taxes

The difference between taxes at actual rates and the federal statutory rate was as follows:

 

    

Year Ended

March 31

2014

   

Year Ended

March 31

2013

 

Statutory Federal Income Taxes

   $ (6,017     (4,936

State income taxes, net of federal benefit

     (765     (732

Write down of goodwill and other perm diff

     895        492   

Foreign Expense

     (136     39   

Increase in Valuation Allowance

     5,751        5,227   
  

 

 

   

 

 

 

Income tax provision (benefit)

   $ (272     90   
  

 

 

   

 

 

 

Income tax provision (benefit), discontinued operations

     —          49   

Deferred tax assets and liabilities consist of the following:

 

    

Year Ended

March 31,

2014

   

Year Ended

March 31,

2013

 

Net Operating Loss Carryforward

   $ 19,621      $ 26,864   

Amortization of Intangible Asset

     (269     (1,134

Stock-based compensation

     15,360        13,329   

Credit Carryforwards

     268     

Other

     425        867   
  

 

 

   

 

 

 

Deferred Tax

     35,405        39,927   

Valuation Allowance

     (35,154     (39,927
  

 

 

   

 

 

 

Net Deferred Tax Asset

   $ 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, 2014, the Company had net operating loss (NOL) carry-forwards to reduce future U.S. Federal, Australian and Israeli income taxes of approximately $69.8 million, expiring in various years ranging through 2031. Utilization of the NOLs may be subject to a substantial 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 limitations. These ownership changes may 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, 2014, realization of the Company’s net deferred tax asset of approximately $35.4 million was not considered more likely than not and, accordingly, a valuation allowance of $35.2 million has been provided. During the year ended March 31, 2014, the valuation allowance decreased by $4.8 million.

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. Foreign tax estimates may vary from actual.

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.

There was a tax benefit of $251 that was not subject to a valuation allowance at March 31, 2014. The Company recognized no interest and penalties on income taxes in its statement of operations for the year ended March 31, 2014; or the year ended March 31, 2013. Management has evaluated and concluded that there are no significant uncertain tax positions requiring recognition in the Company’s financial statements as of March 31, 2014. The Company’s Federal and State income tax returns remain subject to examination for all tax years ended 2010 and 2009, respectively.