Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.22.1
Income Taxes
12 Months Ended
Jan. 31, 2022
Income Tax Disclosure [Abstract]  
Income Taxes

12.

Income Taxes

The Company files income tax returns in the U.S., various state jurisdictions, and various foreign jurisdictions. The Company is no longer subject to tax examinations by tax authorities for years prior to fiscal 2018.

The components of loss from operations before income taxes are as follows:

 

 

 

For the Fiscal Years Ended January 31,

 

 

 

2022

 

 

2021

 

 

 

(Amounts in thousands)

 

Domestic

 

$

(6,616

)

 

$

(23,427

)

Foreign

 

 

(829

)

 

 

1,726

 

Loss before income taxes

 

$

(7,445

)

 

$

(21,701

)

 

 

The components of the income tax (benefit) provision from operations are as follows:

 

 

 

For the Fiscal Years Ended January 31,

 

 

 

2022

 

 

2021

 

 

 

(Amounts in thousands)

 

Current:

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

(38

)

State

 

 

(6

)

 

 

46

 

Foreign

 

 

(9

)

 

 

50

 

Income tax (benefit) provision

 

$

(15

)

 

$

58

 

 

 

The income tax (benefit) provision was computed using the federal statutory income tax rate and average state statutory rates, net of related federal benefits. The provision differs from the Company’s effective tax rate primarily due to the following:

 

 

 

For the Fiscal Years Ended January 31,

 

 

 

2022

 

 

2021

 

 

 

(Amounts in thousands)

 

Statutory U.S. federal tax rate (21%)

 

$

(1,563

)

 

$

(4,557

)

State taxes, net of federal tax benefit

 

 

(6

)

 

 

46

 

Losses not benefitted

 

 

1,593

 

 

 

4,554

 

Non-deductible stock compensation expense

 

 

292

 

 

 

22

 

Other non-deductible items

 

 

(642

)

 

 

359

 

Innovative technology and development incentive

 

 

(264

)

 

 

(380

)

Foreign tax rate differential

 

 

70

 

 

 

24

 

Expiration of federal tax credits

 

 

1,179

 

 

 

 

Current fiscal year impact of FIN 48

 

 

(674

)

 

 

(10

)

Income tax (benefit) provision

 

$

(15

)

 

$

58

 

 

The Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”), among other things, includes provisions relating to refundable payroll tax credits, deferment of employer side social security payments, net operating loss carryback periods, alternative minimum tax credit refunds, modifications to the net interest deduction limitations and technical corrections to tax depreciation methods for qualified improvement property. The CARES Act allowed the Company to accelerate the refund of its AMT credit from fiscal 2022 to fiscal 2021. The refund was received in the fourth quarter of fiscal 2021. 

As a result of the Tax Cuts and Jobs Act enacted in 2017, foreign earnings may now generally be repatriated back to the U.S. without incurring U.S. federal income tax. Historically, the Company has asserted its intention to indefinitely invest the cumulative undistributed earnings of its foreign subsidiaries, with the exception of Ireland. The Company declared cash dividends of approximately $1.8 million and $4.4 million in fiscal 2022 and 2021, respectively.  

The components of deferred income taxes are as follows:

 

 

 

As of January 31,

 

 

 

2022

 

 

2021

 

 

 

(Amounts in thousands)

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Accruals and reserves

 

$

70

 

 

$

448

 

Deferred revenue

 

 

763

 

 

 

350

 

Stock-based compensation expense

 

 

232

 

 

 

499

 

U.S. federal, state and foreign tax credits

 

 

7,146

 

 

 

7,737

 

Property and equipment

 

 

134

 

 

 

118

 

Intangible assets

 

 

44

 

 

 

 

Other

 

 

370

 

 

 

 

Loss carryforwards

 

 

36,161

 

 

 

34,518

 

Deferred tax assets

 

 

44,920

 

 

 

43,670

 

Less: Valuation allowance

 

 

(44,920

)

 

 

(43,439

)

Net deferred tax assets

 

 

 

 

 

231

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Intangible assets

 

 

 

 

 

231

 

Total net deferred tax liabilities

 

$

 

 

$

 

 

 

At January 31, 2022, the Company had federal, state and foreign net operating loss carry forwards of $137.6 million, $94.8 million and $6.4 million, respectively, which can be used to offset future tax liabilities and expire at various dates beginning in fiscal 2022. The Company performs an analysis under Section 382 of the Internal Revenue Code of 1986, as amended, analysis on a periodic basis and utilization of these net operating loss carry forwards may be limited pursuant to provisions of the respective local jurisdiction. In addition, as of January 31, 2022, the Company had federal and state research and development credit carry forwards of $3.2 million and $1.8 million, respectively, and state investment tax credit carry forwards of $0.2 million. The Company has foreign tax credit carry forwards of $1.9 million, which are available to reduce future federal regular income taxes. These credits expire at various dates beginning in fiscal 2023, with the exception of $0.2 million in credits that have an unlimited carryforward period.

The Company reviews the adequacy of the valuation allowance for deferred tax assets on a quarterly basis. The Company has evaluated the positive and negative evidence bearing upon its ability to realize its deferred tax assets and have established a valuation allowance of $44.9 million for such assets, which are comprised principally of net operating loss carry forwards, research and development credits, deferred revenue, and stock-based compensation. If the Company generates pre-tax income in the future, some portion or all of the valuation allowance could be reversed and a corresponding increase in net income would be reported in future periods. The valuation allowance increased by $1.5 million for the fiscal year ended January 31, 2022 and increased by $5.2 million for the fiscal year ended January 31, 2021.  

A reconciliation of gross unrecognized tax benefits is as follows:

 

 

 

For the Fiscal Years Ended January 31,

 

 

 

2022

 

 

2021

 

 

 

(Amounts in thousands)

 

Balance of gross unrecognized tax benefits, beginning of period

 

$

4,632

 

 

$

4,306

 

Increase due to new positions in the current year

 

 

 

 

 

471

 

Decrease due to expiration of statute of limitation

 

 

(116

)

 

 

(155

)

Settlements and credit expiration

 

 

(1,049

)

 

 

 

 

Effect of currency translation

 

 

(13

)

 

 

10

 

Balance of gross unrecognized tax benefits, end of period

 

$

3,454

 

 

$

4,632

 

 

 

As of January 31, 2022, the Company had $3.5 million of unrecognized tax benefits, a portion of which are classified as long term and included as a component of other liabilities in the consolidated balance sheets. The Company recognized interest and penalties related to unrecognized tax benefits in the income tax (benefit) provision on the consolidated statements of operations and comprehensive loss. As of January 31, 2022 and 2021, total gross interest accrued was $0.1 million. Included in the balance of unrecognized tax benefits as of January 31, 2022 and January 31, 2021 are $0.1 million for both periods of tax benefits that, if recognized, would affect the effective tax rate.

When accounting for uncertain tax positions, the impact of uncertain tax positions is 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 has determined that it has uncertain tax positions as of January 31, 2022 and as of January 31, 2021 that to the extent recognized, are recorded through the consolidated statements of operations and comprehensive loss. The Company does not expect any change to this determination in the next twelve months.