Entity information:
1
2
.   Income Taxes
 
The
components of the Company’s tax provision as of
September 30, 2017
and
2016
is as follows:
 
   
Years Ended September 30,
 
   
2017
   
2016
 
Current
               
Federal
  $
-
    $
-
 
State
   
16
     
(47
)
Foreign
   
-
     
-
 
Total current
   
16
     
(47
)
                 
Federal
   
-
     
-
 
State
   
-
     
-
 
Total deferred
   
-
     
-
 
Total
  $
16
    $
(47
)
 
 
The Company
’s income tax provision was computed using the federal statutory rate and average state statutory rates, net of related federal benefit. The provision differs from the amount computed by applying the statutory federal income tax rate to pretax income, as follows:
 
   
Years Ended September 30,
 
   
2017
   
2016
 
Income tax benefit at the
federal statutory rate of 34%
  $
(556
)   $
(2,606
)
Permanent differences
   
365
     
494
 
State income tax benefit, net of federal tax
   
(86
)    
(475
)
Change in valuation allowance
   
193
     
1,964
 
Foreign Taxes
   
-
     
-
 
Other
   
100
     
576
 
Total
  $
16
    $
(47
)
 
 
As of
September 30, 2017,
the Company has a federal net operating loss (NOL) carryforward of approximately
$27
million that expires on various dates through
2037.
Internal Revenue Code Section
382
places a limitation on the amount of taxable income which can be offset by NOL carryforwards after a change in control of a loss corporation. Due to these “change of ownership” provisions, utilization of NOL carryforwards
may
be subject to an annual limitation in future periods. The Company has
not
performed a Section
382
analysis. However, if performed, Section
382
may
be found to limit potential future utilization of the Company’s NOL carryforwards. The Company also has approximately
$23
million in state NOLs which expire on various dates through
2037.
 
The Company has
deferred tax assets that are available to offset future taxable income. A valuation allowance is established if it is more likely than
not
that all or a portion of the deferred tax assets will
not
be realized. Management believes that it is more likely than
not
that all deferred tax assets will
not
be realized. Accordingly, the Company has established a valuation allowance against its deferred tax assets at
September 30, 2017
and
2016.
For the years ended
September 30, 2017
and
2016,
the valuation allowance for deferred tax assets increased
$185
and
$1,964,
respectively, which was mainly due to the increases in the net operating losses.
 
The Company recognizes interest accrued related to unrecognized tax benefits in interest expense. Penalties, if
incurred, are recognized as a component of tax expense.
 
The Company is subject to U.S. federal income tax as well as income tax of certain state jurisdictions. The Company has
not
been audited by the Internal Revenue Service (IRS) or any states in connecti
on with income taxes. The tax periods from
2014
to
2017
generally remain open to examination by the IRS and state authorities.
 
Significant components of the Company
’s deferred tax assets and liabilities are as follows:
 
   
As of September 30,
 
   
2017
   
2016
 
Deferred tax assets:
               
Current:
               
Bad debt reserve
  $
74
    $
54
 
Deferred revenue
   
595
     
489
 
Accrued vacation
   
83
     
3
 
Long-term
               
AMT carryforward
   
9
     
9
 
Net operating loss carryforwards
   
9,981
     
9,770
 
Depreciation
   
118
     
152
 
Intangibles
   
774
     
967
 
Contribution carryforward
   
29
     
28
 
Total deferred tax assets
   
11,663
     
11,472
 
Valuation allowance
   
(11,663
)    
(11,472
)
Net deferred tax assets
  $
-
    $
-
 
 
U
ndistributed losses of the Company’s foreign subsidiary amounted to approximately $(
381
) and $(
415
) at
September 30, 2017
and
2016,
respectively. These losses are considered to be indefinitely reinvested; accordingly,
no
provision for US federal and state income taxes has been provided thereon. Upon repatriation of those losses, in the form of dividends or otherwise, the Company would be subject to both US income taxes (subject to an adjustment for foreign tax credits) and withholding taxes payable to the applicable foreign tax authority. Determination of the amount of unrecognized deferred US income tax liability is
not
material and the detailed calculations have
not
been performed. As of
September 30, 2017,
there would be minimal withholding taxes upon remittance of all previously unremitted earnings.
 
When a
ccounting for uncertain income tax positions, the impact of uncertain tax positions are recognized in the financial statements if they are more likely than
not
of being sustained upon examination, based on the technical merits of the position. The Company’s management has determined that the Company has
no
uncertain tax positions requiring recognition as of
September 30, 2017
and
2016.
The Company does
not
expect any change to this determination in the next
twelve
months.