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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes

7.

Income Taxes

Income (loss) before income taxes consists of the following (in thousands):

  

 

 

Year Ended

 

 

 

December 31,

 

 

 

2016

 

 

2015

 

U.S.

 

$

(580

)

 

$

6,280

 

Foreign

 

 

(331

)

 

 

283

 

Total

 

$

(911

)

 

$

6,563

 

  

Income tax expense consists of the following (in thousands):

  

 

 

Year Ended

 

 

 

December 31,

 

 

 

2016

 

 

2015

 

Current taxes:

 

 

 

 

 

 

 

 

Federal

 

$

(24

)

 

$

104

 

State and local

 

 

38

 

 

 

39

 

Foreign

 

 

41

 

 

 

97

 

Current taxes

 

 

55

 

 

 

240

 

Deferred taxes:

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

 

State and local

 

 

 

 

 

 

Foreign

 

 

86

 

 

 

230

 

Deferred taxes

 

 

86

 

 

 

230

 

Total

 

$

141

 

 

$

470

 

  

The components of net deferred tax assets consist of the following (in thousands):

  

 

 

December 31,

 

 

 

2016

 

 

2015

 

Net deferred income tax assets (liability):

 

 

 

 

 

 

 

 

Depreciation and amortization

 

$

365

 

 

$

322

 

Accrued expenses and reserves

 

 

411

 

 

 

720

 

Net operating loss carryforwards

 

 

20,448

 

 

 

20,135

 

Research and development credit carryforwards

 

 

2,740

 

 

 

2,673

 

Stock-based compensation

 

 

840

 

 

 

750

 

Other

 

 

91

 

 

 

 

Gross deferred tax assets

 

 

24,895

 

 

 

24,600

 

Less: valuation allowance

 

 

(24,911

)

 

 

(24,552

)

Net deferred tax assets (liability)

 

$

(16

)

 

$

48

 

  

Our net deferred tax assets are recorded as follows (in thousands):

  

 

 

December 31,

 

 

 

2016

 

 

2015

 

Net deferred tax assets (liability):

 

 

 

 

 

 

 

 

Deferred tax assets—non-current

 

$

7

 

 

$

145

 

Deferred tax liability

 

 

(23

)

 

 

(97

)

Net deferred tax assets (liability)

 

$

(16

)

 

$

48

 

  

As of December 31, 2016, our deferred tax assets were primarily the result of U.S. net operating loss and research and development credit carryforwards. We have applied a full valuation allowance against the U.S. deferred tax assets and a partial valuation allowance against deferred tax assets in Japan. Valuation allowances of $24.9 million and $24.6 million have been recorded against our gross deferred tax asset balances as of December 31, 2016 and December 31, 2015, respectively.

We apply the guidance of ASC 740, which requires us to use judgment as to the appropriate weighting of all available evidence when assessing the need for the establishment or the release of valuation allowances. As part of this analysis, we examine all available evidence on a jurisdiction-by-jurisdiction basis and weigh the positive and negative information when determining the need for full or partial valuation allowances. The evidence considered for each jurisdiction includes, among other items, (i) the historical levels of income or loss over a range of time periods that extends beyond the two years presented, (ii) the historical sources of income and losses, (iii) the expectations and risk associated with underlying estimates of future taxable income, (iv) the expectations and risk associated with new product offerings and uncertainties with the timing of future taxable income, and (v) prudent and feasible tax planning strategies. Based on the analysis conducted as of December 31, 2016, we determined that we would not release, in full or in part, the valuation allowance against our U.S. gross deferred tax assets.

 

The provision for income taxes differs from the amount of expected income tax expense determined by applying the applicable U.S. statutory federal income tax rate to pre-tax income (loss), as a result of the following (in thousands, except percentages):

  

 

 

Year Ended

 

 

 

December 31,

 

 

 

2016

 

 

2015

 

U.S. Federal tax expense at statutory rates

 

$

(310

)

 

 

34.0

%

 

$

2,231

 

 

 

34.0

%

Increase (decrease) resulting from:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax credits

 

 

(170

)

 

 

18.6

%

 

 

130

 

 

 

2.0

%

State income tax

 

 

25

 

 

 

(2.7

)%

 

 

14

 

 

 

0.2

%

International operations

 

 

183

 

 

 

(20.1

)%

 

 

20

 

 

 

0.3

%

Incentive stock options

 

 

(23

)

 

 

2.6

%

 

 

(66

)

 

 

(1.0

)%

Valuation allowance

 

 

311

 

 

 

(34.2

)%

 

 

(2,121

)

 

 

(32.4

)%

Expiration of state net operating loss carryforwards

 

 

77

 

 

 

(8.5

)%

 

 

236

 

 

 

3.6

%

Other, net

 

 

48

 

 

 

(5.4

)%

 

 

26

 

 

 

0.4

%

Tax expense and effective tax rate

 

$

141

 

 

 

(15.7

)%

 

$

470

 

 

 

7.1

%

  

At December 31, 2016, we had approximately $55.7 million of federal and $1.8 million of state net operating loss carryforwards, which have begun to expire, including $0.2 million of state losses which will expire in 2017. Of the federal net operating loss carryforwards, an aggregate of $36.3 million will expire in 2022 and 2023. We also have $2.8 million of tax credit carryforwards, which begin to expire in 2018. Use of these carryforwards may subject us to an annual limitation due to Section 382 of the U.S. Internal Revenue Code that restricts the ability of a corporation that undergoes an ownership change to use its carryforwards. Under the applicable tax rules, an ownership change occurs if holders of more than five percent of an issuer’s outstanding common stock, collectively, increase their ownership percentage by more than 50 percentage points over a rolling three-year period. We have performed analyses of possible ownership changes in the past, which included consideration of third-party studies, and do not believe that an ownership change of more than 50 percentage points has occurred.

We have evaluated all the material income tax positions taken on our income tax filings to various tax authorities, and we determined that we did not have unrealized tax benefits related to uncertain tax positions recorded at December 31, 2016 or 2015.

Because of net operating loss and tax credit carryforwards, substantially all of our tax years remain open and subject to examination.