Income Taxes
U.S. and international components of loss before income taxes were as follows (in thousands):
|
| | | | | | | | | | | |
| Year Ended April 30, |
| 2017 | | 2016 | | 2015 |
U.S. | $ | (17,072 | ) | | $ | (27,239 | ) | | $ | (35,174 | ) |
International | 1,684 |
| | 1,938 |
| | 2,064 |
|
Loss from operations before income taxes | $ | (15,388 | ) | | $ | (25,301 | ) | | $ | (33,110 | ) |
Income tax expense is composed of the following (in thousands):
|
| | | | | | | | | | | |
| Year Ended April 30, |
| 2017 | | 2016 | | 2015 |
Current: | | | | | |
Federal | $ | — |
| | $ | — |
| | $ | (38 | ) |
State | 39 |
| | (77 | ) | | 182 |
|
International | 619 |
| | 556 |
| | 951 |
|
Total | 658 |
| | 479 |
| | 1,095 |
|
Deferred: | | | | | |
Federal | (4,363 | ) | | (6,635 | ) | | (12,491 | ) |
State | (386 | ) | | (1,070 | ) | | (2,308 | ) |
International | (108 | ) | | (94 | ) | | 44 |
|
Total | (4,857 | ) | | (7,799 | ) | | (14,755 | ) |
Change in valuation allowance | 4,752 |
| | 7,358 |
| | 13,714 |
|
Provision for income taxes | $ | 553 |
| | $ | 38 |
| | $ | 54 |
|
The difference between the tax expense derived by applying the Federal statutory income tax rate to net losses and the expense recognized in the financial statements is as follows (in thousands):
|
| | | | | | | | | | | |
| Year Ended April 30, |
| 2017 | | 2016 | | 2015 |
U.S. federal taxes at statutory rate | $ | (5,232 | ) | | $ | (8,603 | ) | | $ | (11,257 | ) |
State tax provision | (256 | ) | | (625 | ) | | (923 | ) |
Foreign tax rate differentials | (95 | ) | | (108 | ) | | (206 | ) |
Research and development credit | (912 | ) | | (1,473 | ) | | (1,972 | ) |
Stock options | 2,348 |
| | 3,480 |
| | 506 |
|
Nondeductible legal expenses | — |
| | — |
| | 200 |
|
Permanent differences and other | 167 |
| | — |
| | (8 | ) |
Return to provision adjustments | (219 | ) | | 9 |
| | — |
|
Change in valuation allowance | 4,752 |
| | 7,358 |
| | 13,714 |
|
Provision for (benefit from) income taxes | $ | 553 |
| | $ | 38 |
| | $ | 54 |
|
As of April 30, 2017 and 2016, the Company had federal net operating loss carry-forwards of $213.9 million and $209.4 million and research and development credit carry-forwards of $10.1 million and $9.2 million, respectively, which will begin expiring in 2026 if not utilized. Utilization of the net operating losses and tax credit carry-forwards may be subject to an annual limitation due to the "change in ownership" provision of the Internal Revenue Code. The annual limitation may result in the expiration of net operating loss and tax credit carry-forwards before utilization. At April 30, 2017 the Company had $34.2 million of excess stock based compensation tax deductions that have not been used to reduce income taxes payable.
As of April 30, 2017 and 2016, the Company had state net operating loss carryforwards of $122.2 million and $118.6 million respectively, which will begin expiring in 2018 and research and development credits of $4.0 million and $3.5 million, respectively, of which a portion will begin expiring in 2033 and another portion which will not expire.
Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the Company’s deferred tax liabilities and assets as of April 30, 2017 and 2016 are as follows (in thousands):
|
| | | | | | | | |
| | Year Ended April 30, |
| | 2017 | | 2016 |
Deferred tax asset: | | | | |
Bad debts | | $ | 466 |
| | $ | 872 |
|
Other accruals | | 2,363 |
| | 1,138 |
|
Charitable contributions | | 436 |
| | 509 |
|
Stock options | | 7,300 |
| | 5,832 |
|
State tax credit | | 2,633 |
| | 2,347 |
|
Net operating losses | | 66,431 |
| | 64,998 |
|
Research and development credit | | 6,869 |
| | 6,290 |
|
Deferred rent | | 2,333 |
| | 2,513 |
|
Deferred revenue | | 810 |
| | 1,969 |
|
Foreign tax credit | | 128 |
| | 128 |
|
Total deferred tax asset | | 89,769 |
| | 86,596 |
|
Less valuation allowance | | (78,558 | ) | | (73,806 | ) |
Net deferred tax assets | | 11,211 |
| | 12,790 |
|
Deferred tax liability: | | | | |
Amortization of intangible assets | | (2,854 | ) | | (3,564 | ) |
Depreciation | | (6,628 | ) | | (7,476 | ) |
Total deferred tax liability | | (9,482 | ) | | (11,040 | ) |
Total net deferred tax assets | | $ | 1,729 |
| | $ | 1,750 |
|
The Company has established a valuation allowance equal to the net deferred tax asset in the U.S. in excess of certain realizable state tax credits due to uncertainties regarding the realization of the deferred tax assets based on the Company's lack of earning history. The valuation allowance increased by $4.8 million and $7.4 million during the years ended April 30, 2017 and 2016, respectively.
Deferred U.S. income taxes and foreign withholding taxes are not provided on the undistributed cumulative earnings of foreign subsidiaries because those earnings are considered to be indefinitely reinvested in those operations. The indefinitely reinvested undistributed earnings were $9.1 million, $8.1 million and $6.6 million as of April 30, 2017, 2016 and 2015 respectively. The tax impact resulting from a distribution of these earnings would be approximately $3.2 million, $2.8 million and $2.3 million for the years ended April 30, 2017, 2016 and 2015, respectively, based on the U.S. statutory rate of 34 percent. These amounts could be impacted due to different jurisdictional tax rates and foreign tax credits.
The Company recognizes interest and penalties related to unrecognized tax benefits as a component of income tax expense. During the years ended April 30, 2017 and 2016, the Company recognized immaterial amounts in interest and penalties, respectively. The Company does not anticipate a material change in unrecognized tax benefits in the next twelve months.
The aggregate changes in the balance of unrecognized tax benefits were as follows (in thousands):
|
| | | | | | | | | | | |
| Year Ended April 30, |
| 2017 | | 2016 | | 2015 |
Unrecognized tax benefits as of May 1, | $ | 4,193 |
| | $ | 3,619 |
| | $ | 2,157 |
|
Tax positions taken in prior periods: | | | | | |
Gross increases | — |
| | 88 |
| | 883 |
|
Gross decreases | (199 | ) | | (42 | ) | | — |
|
Tax positions taken in current period: | | | | | |
Gross increases | 595 |
| | 528 |
| | 579 |
|
Lapse of statute of limitations | (68 | ) | | — |
| | — |
|
Balance as of April 30, | $ | 4,521 |
| | $ | 4,193 |
| | $ | 3,619 |
|
As of April 30, 2017, the total amount of unrecognized tax benefits, if recognized, that would affect the effective tax rate is $4.5 million.
The Company is subject to taxation in the U.S., various state, and foreign jurisdictions. As of April 30, 2017, the Company’s fiscal years 2014 through 2017 remain open to examination by the major taxing jurisdictions to which the Company is subject, although carry forward attributes that were generated in tax years prior to fiscal year 2014 may be adjusted upon examination by the tax authorities if they have been, or will be, used in a future period. The fiscal years 2012 forward are still subject to examination in some of the foreign jurisdictions although in the UK the HMRC must raise concerns within one year of filing.