NOTE 18. INCOME TAXES
Deferred tax assets and liabilities are computed by applying the effective U.S. federal income tax rate to the gross amounts of temporary differences and other tax attributes. Deferred tax assets and liabilities relating to state income taxes are not material. In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and tax planning strategies in making this assessment. As of June 30, 2017 and 2016, the Company believed it was more likely than not that future tax benefits from net operating loss carryforwards and other deferred tax assets would not be realizable through generation of future taxable income; therefore, they were fully reserved.
The components of deferred tax assets and liabilities at June 30, 2017 and 2016 are approximately as follows:
| 2017 | 2016 | |||||||
| (in thousands) | ||||||||
| Deferred tax assets: | ||||||||
| Inventory reserves | $ | 24 | $ | 13 | ||||
| Allowance for doubtful accounts | 9 | 8 | ||||||
| Stock-based compensation | 73 | 61 | ||||||
| Net operating loss carry-forwards | 2,618 | 2,719 | ||||||
| Valuation allowance | (2,724 | ) | (2,801 | ) | ||||
| Net deferred tax assets | $ | — | $ | — | ||||
The income tax provision differs from the amount of income tax determined by applying the U.S. federal and state income tax rates of 38% to pretax (income) loss from operations for the years ended June 30, 2017 and 2016 due to the following:
| 2017 | 2016 | |||||||
| Net (income) loss | $ | (101 | ) | $ | 88 | |||
| Temporary differences | 24 | 31 | ||||||
| Valuation (allowance) | 77 | (119 | ) | |||||
| Net tax benefit | $ | — | $ | — | ||||
At June 30, 2017, the Company had net operating loss (NOL) carryforwards of approximately $2.6 million that may be offset against future taxable income. During 2017 and 2016, the total (decrease) increase in the valuation allowance was $(77,141) and $118,549, respectively. The Company’s ability to use its NOL carryforwards may be substantially limited 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 provisions. These ownership changes may limit the amount of NOL 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 or series of transactions over a three-year period resulting in an ownership change of more than 50.0% of the outstanding stock of a company by certain stockholders or public groups.
The Company has not completed a study to assess whether an ownership change has occurred or whether there have been multiple ownership changes since the Company became a “loss corporation” under the definition of Section 382. If the Company has experienced an ownership change, utilization of the NOL carryforwards would be subject to an annual limitation under Section 382 of the Code, which is determined by first multiplying the value of the Company’s stock at the time of the ownership change by the applicable long-term, tax-exempt rate, and then could be subject to additional adjustments, as required. Any limitation may result in expiration of a portion of the NOL carryforwards before utilization. Further, until a study is completed and any limitation known, no positions related to limitations are being considered as an uncertain tax position or disclosed as an unrecognized tax benefit. Any carryforwards that expire prior to utilization as a result of such limitations will be removed from deferred tax assets with a corresponding reduction of the valuation allowance. Due to the existence of the valuation allowance, it is not expected that any possible limitation will have an impact on the results of operations or financial position of the Company. The NOL carryforwards expire through 2037.
The tax years that remain subject to examination by major taxing jurisdictions are those for the years ended June 30, 2011 through 2017. The Company has not filed its Federal or State tax returns since June 2011 but expects to file its returns through June 2017 in the fiscal year ending June 30, 2018