Entity information:
Note
10.
Income Taxes
 
 
Deferred income taxes reflect the net tax effects of net operating loss and tax credit carryovers and temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts unused for income tax purposes. Significant components of the Company’s net deferred tax assets are as follows (in thousands):
 
 
 
June 30,
 
 
 
2017
 
 
2016
 
Deferred Tax Assets:
 
 
 
 
 
 
 
 
Net operating loss carry-forwards
  $
74,330
    $
68,914
 
Research credits
   
4,168
     
3,891
 
Fixed asset depreciation
   
     
48
 
Stock compensation
   
570
     
393
 
Deferred revenue
   
296
     
151
 
Other
   
1,144
     
1,123
 
Total deferred tax assets
   
80,508
     
74,520
 
Valuation
A
llowance
   
(80,481
)
   
(74,520
)
Deferred Tax Liabilities:
 
 
 
 
 
 
 
 
Fixed asset depreciation
   
(27
)
   
 
Net Deferred Tax Assets
  $
    $
 
 
Realization of the deferred tax assets is dependent upon future income, if any, the amount and timing of which are uncertain. Accordingly, the net deferred tax assets have been fully offset by a valuation allowance. The net valuation allowance increased by approximately
$6.0
million,
$6.9
million and
$6.9
million during fiscal years ended
June 30, 2017,
2016
and
2015,
respectively.
 
As of
June 30, 2017,
the Company has net operating loss carry-forwards for federal income tax purposes of approximately
$203.5
million, which begin to expire in fiscal year
2018.
The Company also has state net operating loss carry-forwards of approximately
$122.4
million, which begin to expire in fiscal year
2018.
The Company has federal research and development tax credits
$3.8
million, which begin to expire in fiscal year
2021.
The Company also has state research and development tax credits of
$4.4
million, of which California tax credits have an unlimited carry-forward period and Arizona tax credits begin to expire in fiscal year
2024.
 
 
Included in the valuation allowance balance as of
June 30, 2017,
is
$0.2
million related to the exercise of stock options which are
not
reflected as an expense for financial reporting purposes. Accordingly, any future reduction in the valuation allowance relating to this amount will be credited directly to equity and
not
reflected as an income tax benefit in the Statement of Operations.
 
The reconciliation of income tax benefits attributable to the net loss computed at the U.S. federal statutory rates to the income tax benefit recorded (in thousands):
 
 
 
Fiscal Year Ended June 30,
 
 
 
2017
 
 
2016
 
 
2015
 
Tax benefit at U.S. statutory rate
  $
(5,855
)
  $
(5,449
)
  $
(6,520
)
Loss for which no tax benefit is currently recognizable
   
5,052
     
5,292
     
6,341
 
Loss on issuance of convertible preferred stock Series B and
related warrants, and remeasurement of common stock
warrant liability
   
712
     
     
 
Refundable research credits
   
(160
)
   
     
 
Stock-based compensation
   
141
     
140
     
160
 
Prior year adjustments
   
98
     
     
 
Other, net
   
12
     
17
     
19
 
    $     $     $  
 
Utilization of the net operating loss carry-forwards and credit carry-forwards
may
be subject to a substantial annual limitation due to the limitations set forth in Sections
382
and
383
of the Internal Revenue Code of
1986,
as amended (“Internal Revenue Code”), and similar state provisions. In the fiscal year ended
June 30, 2010,
the Company completed a detailed analysis to determine whether an ownership change under Section
382
of the Internal Revenue Code had occurred. The effect of an ownership change would be the imposition of an annual limitation on the use of the net operating loss carry-forwards and credit carry-forwards attributable to periods before the change. Any subsequent ownership changes could further limit the use of net operating losses and credits. The Company concluded that approximately
$4.9
million of federal net operating loss carry-forwards,
$1.5
million of federal credit carry-forwards and approximately
$19.5
million of California state net operating loss carry-forwards are significantly limited to offset future income, if any. However, the Company issued additional shares in fiscal years
2011
through
2017,
that
may
have triggered another ownership change. A Section
382
study to determine the impact of these issuances has
not
been performed. If a change in ownership was triggered, the net operating loss carry-forwards and credit carry-forwards included in the Deferred Tax Assets could be further limited. The reductions are reflected in the carry-forward amounts included above.
  
At
June 30, 2017,
the Company had unrecognized tax benefits of
$1.3
million, all of which would
not
currently affect the Company’s effective tax rate if recognized due to the Company’s deferred tax assets being fully offset by a valuation allowance. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):
 
 
 
 
Amount
 
Balance at June 30, 2014
  $
1,013
 
Additions based on tax positions related to prior years
   
26
 
Additions based on tax positions related to current year
   
82
 
Balance at June 30, 2015
   
1,121
 
Additions based on tax positions related to prior year
   
56
 
Additions based on tax positions related to current year
   
79
 
Balance at June 30, 2016
   
1,256
 
Additions based on tax positions related to prior years
   
 
Additions based on tax positions related to current year
   
84
 
Balance at June 30, 2017
  $
1,340
 
 
The Company would classify interest and penalties related to uncertain tax positions in income tax expense, if applicable. There was
no
interest expense or penalties related to unrecognized tax benefits recorded through
June 30, 2017.
The tax years
1998
through
2017
remain open to examination by
one
or more major taxing jurisdictions to which the Company is subject.