The income tax expense/(benefit) consisted of the following for the years ended December 31, 2017 and 2016 (in thousands):
| Year Ended December 31, | ||||||||
| 2017 | 2016 | |||||||
| Current income tax expense: | ||||||||
| Federal | $ | - | $ | - | ||||
| State and local | 7 | 12 | ||||||
| Current income tax expense | $ | 7 | $ | 12 | ||||
There was no deferred income tax expense (benefit) for the years ended December 31, 2017 and 2016.
The income tax provision attributable to loss before income tax benefit for the years ended December 31, 2017 and 2016 differed from the amounts computed by applying the U.S. federal statutory tax rate of 34.0% as a result of the following (in thousands):
| Year Ended December 31, | ||||||||
| 2017 | 2016 | |||||||
| U.S. federal statutory income tax benefit | $ | (345 | ) | $ | (945 | ) | ||
| Increase in income tax benefit resulting from: | ||||||||
| State and local income tax expense/(benefit), net of federal effect | 990 | (879 | ) | |||||
| Change in the valuation allowance for net deferred income tax assets | (5,448 | ) | 1,723 | |||||
| Change in the tax rate for net deferred income tax assets | 4,539 | - | ||||||
| Other, net | 271 | 113 | ||||||
| Income tax expense | $ | 7 | $ | 12 | ||||
As of December 31, 2017 and 2016, significant components of net deferred income tax assets and liabilities were as follows (in thousands):
| December 31, | ||||||||
| 2017 | 2016 | |||||||
| Deferred income tax assets: | ||||||||
| Accrued expenses | $ | 41 | $ | 99 | ||||
| Deferred revenue | 256 | 324 | ||||||
| Net operating loss carry-forwards | 6,449 | 9,643 | ||||||
| Foreign tax credits | - | 892 | ||||||
| Stock-based compensation | 2,242 | 3,402 | ||||||
| Property and equipment | 4 | 13 | ||||||
| Other | 554 | 788 | ||||||
| Subtotal | 9,546 | 15,161 | ||||||
| Valuation allowance | (9,362 | ) | (14,810 | ) | ||||
| Total deferred income tax assets | 184 | 351 | ||||||
| Deferred income tax liabilities: | ||||||||
| Property and equipment | - | - | ||||||
| Prepaid expenses and other | (184 | ) | (351 | ) | ||||
| Total deferred income tax liabilities | (184 | ) | (351 | ) | ||||
| Net deferred income tax assets (liabilities) | $ | - | $ | - | ||||
During the fiscal year ended June 30, 2002 (our fiscal year was subsequently changed to December 31), we experienced a change in ownership, as defined by the Internal Revenue Code, as amended (the “Code”) under Section 382. A change of ownership occurs when ownership of a company increases by more than 50 percentage points over a three-year testing period of certain stockholders. As a result of this ownership change we determined that our annual limitation on the utilization of our federal pre-ownership change net operating loss (“NOL”) carry-forwards is approximately $461,000 per year. We will only be able to utilize $5,761,000 of our pre-ownership change NOL carry-forwards and will forgo utilizing $14,871,000 of our pre-ownership change NOL carry-forwards as a result of this ownership change. We do not account for forgone NOL carryovers in our deferred tax assets and only account for the NOL carry-forwards that will not expire unutilized as a result of the restrictions of Code Section 382.
As of December 31, 2017, we had NOL and research and development tax credit carry-forwards for U.S. federal income tax reporting purposes of approximately $24,401,000 and $129,000 respectively. The NOLs will begin to expire in 2020 through 2037 and the research and development credits will begin to expire in 2019 through 2020.
We also have state NOL and research and development credit carry-forwards of approximately $19,305,000 and $61,000 which expire on specified dates as set forth in the rules of the various states to which the carry-forwards relate.
We also have foreign NOL carry-forwards of approximately $710,000 which expire on specified dates as set forth in the rules of the various countries in which the carry-forwards relate.
In assessing the recovery of the deferred tax assets, we considered whether it is more likely than not that some portion or all of our deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income in the periods in which those temporary differences become deductible. We considered the scheduled reversals of future deferred tax liabilities, projected future taxable income, from telecommunications services segment, the suspension of the sale of product and services through the direct mail seminar sales channel for our web services segment, and tax planning strategies in making this assessment. As a result, we determined it was more likely than not that the deferred tax assets would not be realized as of December 31, 2017 and 2016; accordingly, we recorded a full valuation allowance. The valuation allowance for deferred tax assets as of December 31, 2017 and 2016 was $9,362,000 and $14,810,000 respectively.
On December 22, 2017, the Tax Cuts and Jobs Act of 2017 (“Tax Act”) was signed into law. The new law includes, among other items, a permanent reduction to the U.S. corporate income tax rate from 34% to 21% effective January 1, 2018. As a result of the reduction of the corporate income tax rate to 21.0%, U.S. GAAP requires companies to remeasure their deferred tax assets and liabilities as of the date of enactment, with resulting tax effects accounted for in the reporting period of enactment. The Company remeasured deferred tax assets and liabilities based on the rates at which they are expected to be utilized in the future. As a result, our net deferred tax assets, without regard to the valuation allowance, decreased by $4.5 million. This decrease was offset by a corresponding decrease in our valuation allowance. There was no charge to our income tax expense as a result of the reduction in corporate income tax rate.
The net change in our valuation allowance was a decrease of $5,448,000 for the year ended December 31, 2017 and an increase of $1,723,000 for the year ended December 31, 2016.
Accounting guidance clarifies the accounting for uncertain tax positions and requires companies to recognize the impact of a tax position in their financial statements, if that position is more likely than not of being sustained on audit, based on the technical merits of the position.
Although we believe our estimates are reasonable, there can be no assurance that the final tax outcome of these matters will not be different from that which we have reflected in our historical income tax provisions and accruals. Such difference could have a material impact on our income tax provision and operating results in the period in which it makes such determination.
The aggregate changes in the balance of unrecognized tax benefits during the years ended December 31, 2017 and 2016 were as follows (in thousands):
| Balance as of January 1, 2016 | $ | 891 | ||
| Reductions due to lapsed statute of limitations | - | |||
| Balance as of December 31, 2016 | 891 | |||
| Reductions due to lapsed statute of limitations | (891 | ) | ||
| Balance as of December 31, 2017 | $ | - |
Estimated interest and penalties related to the underpayment or late payment of income taxes are classified as a component of income tax provision in the consolidated statements of operations. There were no accrued interest and penalties as of December 31, 2017 and 2016, respectively.
Our U.S. federal income tax returns for fiscal 2014 through 2017 are open tax years. We also file in various states, with few exceptions, we are no longer subject to state income tax examinations by tax authorities for years prior to fiscal 2013.