Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.21.1
Income Taxes
12 Months Ended
Jan. 31, 2021
Income Tax Disclosure [Abstract]  
Income Taxes

14.

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,

 

 

 

2021

 

 

2020

 

 

 

(Amounts in thousands)

 

Domestic

 

$

(23,427

)

 

$

(3,314

)

Foreign

 

 

1,726

 

 

 

(5,559

)

Loss before income taxes

 

$

(21,701

)

 

$

(8,873

)

 

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

 

 

 

For the Fiscal Years Ended January 31,

 

 

 

2021

 

 

2020

 

 

 

(Amounts in thousands)

 

Current:

 

 

 

 

 

 

 

 

Federal

 

$

(38

)

 

$

 

State

 

 

46

 

 

 

20

 

Foreign

 

 

50

 

 

 

210

 

Total

 

 

58

 

 

 

230

 

Deferred:

 

 

 

 

 

 

 

 

Foreign

 

 

 

 

 

(182

)

Total

 

 

 

 

 

(182

)

Income tax provision

 

$

58

 

 

$

48

 

 

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

 

 

 

For the Fiscal Years Ended January 31,

 

 

 

2021

 

 

2020

 

 

 

(Amounts in thousands)

 

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

 

$

(4,557

)

 

$

(1,863

)

State taxes, net of federal tax benefit

 

 

46

 

 

 

20

 

Losses not benefitted

 

 

4,554

 

 

 

(3,207

)

Non-deductible stock compensation expense

 

 

22

 

 

 

326

 

Other non-deductible items

 

 

359

 

 

 

406

 

Innovative technology and development incentive

 

 

(380

)

 

 

(298

)

Foreign tax rate differential

 

 

24

 

 

 

447

 

Tax gain on restructuring activities

 

 

 

 

 

4,196

 

Current fiscal year impact of FIN 48

 

 

(10

)

 

 

21

 

Income tax provision

 

$

58

 

 

$

48

 

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 us to accelerate the refund of our AMT credit from fiscal 2022 to fiscal 2021. The refund was received in late December 2020.

As a result of the 2017 Tax Reform Act, foreign earnings may now generally be repatriated back to the U.S. without incurring U.S. federal income tax. Historically, we have asserted our intention to indefinitely invest the cumulative undistributed earnings of our foreign subsidiaries except for Ireland. In response to increased cash requirements in the U.S. related to a significant decline in sales resulting from COVID-19 we declared two cash dividends in fiscal 2021 totaling $4.4 million.  

The components of deferred income taxes are as follows:

 

 

As of January 31,

 

 

 

2021

 

 

2020

 

 

 

(Amounts in thousands)

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Accruals and reserves

 

$

448

 

 

$

545

 

Deferred revenue

 

 

350

 

 

 

274

 

Stock-based compensation expense

 

 

499

 

 

 

503

 

U.S. federal, state and foreign tax credits

 

 

7,737

 

 

 

7,929

 

Property and equipment

 

 

118

 

 

 

119

 

Loss carryforwards

 

 

34,518

 

 

 

29,373

 

Deferred tax assets

 

 

43,670

 

 

 

38,743

 

Less: Valuation allowance

 

 

(43,439

)

 

 

(38,248

)

Net deferred tax assets

 

 

231

 

 

 

495

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Other

 

 

 

 

 

46

 

Intangible assets

 

 

231

 

 

 

449

 

Total net deferred tax liabilities

 

$

 

 

$

 

 

At January 31, 2021, we had federal, state and foreign net operating loss carry forwards of $131.1 million, $77.4 million and $9.4 million respectively, which can be used to offset future tax liabilities and expire at various dates beginning in fiscal 2022. We perform a Section 382 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, at January 31, 2021, we had federal and state research and development credit carry forwards of $3.8 million and $1.8 million, respectively, and state investment tax credit carry forwards of $0.2 million. We have foreign tax credit carry forwards of $2.0 million, which are available to reduce future federal regular income taxes. These credits expire at various dates beginning in fiscal 2022, except for $0.2 million in credits that have an unlimited carryforward period.

We review the adequacy of the valuation allowance for deferred tax assets on a quarterly basis. We have evaluated the positive and negative evidence bearing upon our ability to realize our deferred tax assets and have established a valuation allowance of $43.4 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 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 by $5.2 million for the year ended January 31, 2021 and decreased by $3.7 million for the fiscal year ended January 31, 2020.  

A reconciliation of the total amounts of gross unrecognized tax benefits is as follows:

 

 

 

For the Fiscal Years Ended January 31,

 

 

 

2021

 

 

2020

 

 

 

(Amounts in thousands)

 

Balance of gross unrecognized tax benefits, beginning of period

 

$

4,306

 

 

$

4,318

 

Increase due to new positions in the current year

 

 

471

 

 

 

 

Decrease due to expiration of statute of limitation

 

 

(155

)

 

 

 

Effect of currency translation

 

 

10

 

 

 

(12

)

Balance of gross unrecognized tax benefits, end of period

 

$

4,632

 

 

$

4,306

 

 

As of January 31, 2021, we had $4.6 million of unrecognized tax benefits, a portion of which are classified as long term and included in long-term liabilities on our consolidated balance sheets. We recognized interest and penalties related to unrecognized tax benefits in the income tax provision on our consolidated statements of operations and comprehensive loss. As of January 31, 2021 and 2020, total gross interest accrued was $0.1 million. Included in the balance of unrecognized tax benefits as of January 31, 2021 and January 31, 2020 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 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 has determined that it has uncertain tax positions requiring recognition as of January 31, 2021 and no uncertain tax positions requiring recognition as of January 31, 2020. The Company does not expect any change to this determination in the next twelve months.