Annual report pursuant to Section 13 and 15(d)

Income Taxes

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Income Taxes
12 Months Ended
Jan. 31, 2012
Income Taxes

14. Income Taxes

 

The components of income before income taxes are as follows:

 

    Year ended January 31,  
    2012     2011     2010  
    (in thousands)  
Domestic   $ (13,610 )   $ 20,769     $ 3,192  
Foreign     14,286       8,348       4,845  
    $ 676     $ 29,117     $ 8,037  

 

 

The components of the income tax benefit (expense) are as follows:

 

    Year ended January 31,  
    2012     2011     2010  
    (in thousands)  
Current:                        
Federal   $ 3,429     $ (2,546 )   $ (271 )
State     (667 )     (188 )     32  
Foreign     (1,565 )     (787 )     (1,114 )
      1,197       (3,521 )     (1,353 )
Deferred:                        
Federal     (3,183 )     4,677       -  
State     (348 )     137       -  
Foreign     141       1,145       1,082  
      (3,390 )     5,959       1,082  
    $ (2,193 )   $ 2,438     $ (271 )

 

The income tax benefit (expense) computed using the federal statutory income tax rate differs from our effective tax rate primarily due to the following:

 

    Year ended January 31,  
    2012     2011     2010  
    (in thousands)  
Statutory U.S. federal tax rate   $ (237 )   $ (10,191 )   $ (2,813 )
State taxes, net of federal tax benefit     (660 )     (49 )     29  
Losses not benefitted     (3,889 )     8,633       713  
Non-deductible stock compensation expense     68       79       (133 )
Other     (961 )     529       39  
Research and development tax credits     291       117       130  
Foreign tax rate differential     3,195       3,320       1,764  
    $ (2,193 )   $ 2,438     $ (271 )

 

Our effective tax rate was (324%), 8%, and 4% in the years ended January 31, 2012, 2011 and 2010, respectively. The income tax expense for fiscal 2012 was primarily due to $1.0 million of state income taxes and income tax expense of $1.5 million at foreign subsidiaries in the United Kingdom, the Netherlands, and Ireland.

 

The components of deferred income taxes are as follows:

 

    Year ended January 31,  
    2012     2011  
    (in thousands)  
Deferred tax assets:                
Accruals and reserves   $ 1,890     $ 2,593  
Deferred revenue     3,255       6,478  
Stock-based compensation expense     1,549       1,277  
U.S. federal, state and foreign tax credits     4,951       1,586  
Net operating loss carryforwards     4,321       3,403  
Property and equipment     -       30  
Other     29       15  
Deferred tax assets     15,995       15,382  
Less: Valuation allowance     (12,254 )     (6,985 )
Net deferred tax assets     3,741       8,397  
Deferred tax liabilities:                
Intangible assets     5,928       7,371  
Property and equipment     120       -  
Total net deferred tax assets(liabilities)   $ (2,307 )   $ 1,026  

 

At January 31, 2012, we had federal, state and foreign net operating loss carryforwards of $2.6 million, $27.0 million and $14.4 million respectively, which can be used to offset future tax liabilities and expire at various dates beginning in fiscal 2016. Utilization of these net operating loss carryforwards may be limited pursuant to provisions of the respective local jurisdiction. At January 31, 2012, we had federal and state research and development credit carryforwards of approximately $3.1 million and $848,000 respectively, and state investment tax credit carryforwards of $178,000. The federal credit carryforwards will expire at various dates beginning in fiscal 2016, if not utilized. Certain state credit carryforwards will expire at various dates beginning in fiscal 2013, while certain other state credit carryforwards may be carried forward indefinitely. Utilization of these credit carryforwards may be limited pursuant to provisions of the respective local jurisdiction. We also have alternative minimum tax credit carryforwards of $558,000 which are available to reduce future federal regular income taxes over an indefinite period. We have foreign tax credit carryforwards of $600,000 which are available to reduce future federal regular income taxes.

 

We review quarterly the adequacy of the valuation allowance for deferred tax assets. We have evaluated the positive and negative evidence bearing upon the realizability of our deferred tax assets and have established a valuation allowance of approximately $12.3 million for such assets, which are comprised principally of net operating loss carryforwards, research and development credits, deferred revenue, inventory and stock based compensation. If we generate 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 from $7.0 million at January 31, 2011 to $12.3 million at January 31, 2012

 

At January 31, 2012, we have indefinitely reinvested $68.3 million of the cumulative undistributed earnings of certain foreign subsidiaries. Approximately $45.1 million of such earnings would be subject to U.S. taxes if repatriated to the U.S. Through January 31, 2012, we have not provided deferred income taxes on the undistributed earnings of our foreign subsidiaries because such earnings are considered to be indefinitely reinvested outside the U.S. Non-US income taxes are, however, provided on those foreign subsidiaries’ undistributed earnings with the exception of ZQ Interactive, LTD based in the British Virgin Islands. Determination of the potential deferred income tax liability on these undistributed earnings is not practicable because such liability, if any, is dependent on circumstances existing if and when remittance occurs.

 

For the year ended January 31, 2012, we recognized an additional tax expense for unrecognized tax benefits of $431,000. None of the amounts included in the balance of unrecognized tax benefits at January 31, 2012 of $6.5 million are related to tax positions for which it is reasonably possible that the total amounts could significantly change during the next twelve months. We recognize accrued interest and penalties related to uncertain tax positions in income tax expense. A reconciliation of the beginning and ending balance of the total amounts of gross unrecognized tax benefits, excluding interest of $721,000 is as follows (in thousands):

 

    Year ended January 31,  
    2012     2011  
    (in thousands)  
Balance of gross unrecognized tax benefits, beginning of period   $ 7,283     $ 6,985  
Increases due to acquisitions     -       1,200  
Gross amounts of increases in unrecognized tax benefits as a result of                
Gross amounts of increases in unrecognized tax benefits as a result of tax positions taken in the current period     431       404  
Decrease due to expiration of statute of limitation     (319 )     (188 )
Decrease due to settlement     (876 )     (1,094 )
Effect of currency translation     (55 )     (24 )
Balance of gross unrecognized tax benefits, end of period   $ 6,464     $ 7,283  

 

We and our subsidiaries file income tax returns in U.S. federal jurisdiction, various state jurisdictions, and various foreign jurisdictions. We are no longer subject to U.S. federal examinations before 2008. However, the taxing authorities still have the ability to review the propriety of certain tax attributes created in closed years if such tax attributes are utilized in an open tax year, such as our federal research and development credit carryovers.