XML 65 R14.htm IDEA: XBRL DOCUMENT v3.19.3.a.u2
Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

8.

Income Taxes

Pre-tax loss consisted of the following (in thousands):  

 

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

U.S.

 

$

(8,225

)

 

$

(13,081

)

Foreign

 

 

(940

)

 

 

(643

)

Total

 

$

(9,165

)

 

$

(13,724

)

 

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

 

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

Current taxes:

 

 

 

 

 

 

 

 

Federal

 

$

-

 

 

$

-

 

State and local

 

 

16

 

 

 

13

 

Foreign

 

 

-

 

 

 

-

 

Current taxes

 

 

16

 

 

 

13

 

Deferred taxes:

 

 

 

 

 

 

 

 

Federal

 

 

-

 

 

 

-

 

State and local

 

 

-

 

 

 

-

 

Foreign

 

 

-

 

 

 

-

 

Deferred taxes

 

 

-

 

 

 

-

 

Total

 

$

16

 

 

$

13

 

 

Net deferred tax assets and liabilities consisted of the following (in thousands):  

 

 

 

December 31,

 

 

 

2019

 

 

2018

 

Net operating loss carryforwards

 

$

18,677

 

 

$

17,443

 

Research and development credit carryforwards

 

 

3,576

 

 

 

3,337

 

Share-based compensation

 

 

645

 

 

 

1,006

 

Accrued expenses and reserves

 

 

127

 

 

 

47

 

Depreciation and amortization

 

 

17

 

 

 

48

 

Deferred revenue

 

 

275

 

 

 

(63

)

Other

 

 

14

 

 

 

19

 

Gross deferred tax assets

 

 

23,331

 

 

 

21,837

 

Less: valuation allowance

 

 

(23,324

)

 

 

(21,830

)

Net deferred tax assets

 

$

7

 

 

$

7

 

 

Net deferred tax assets and liabilities were recorded as follows (in thousands):  

 

 

 

December 31,

 

 

 

2019

 

 

2018

 

Deferred tax assets, non-current

 

$

7

 

 

$

7

 

Deferred tax liability, non-current

 

 

-

 

 

 

-

 

Net deferred tax assets

 

$

7

 

 

$

7

 

 

As of December 31, 2019, our deferred tax assets were primarily the result of U.S. net operating loss, research and development credit carryforwards and share-based compensation expense. We have applied a full valuation allowance against the U.S. deferred tax assets in the U.S. and foreign jurisdictions.

We 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, 2019, 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 differed from the amount of expected income tax expense determined by applying the applicable U.S. statutory federal income tax rate to pre-tax loss as follows (in thousands, except percentages):  

 

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

U.S. Federal tax benefit at statutory rates

 

$

(1,925

)

 

 

21.0

%

 

$

(2,889

)

 

 

21.0

%

Impact of:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax credits

 

 

(715

)

 

 

7.8

 

 

 

(517

)

 

 

3.8

 

State income tax

 

 

(108

)

 

 

1.2

 

 

 

10

 

 

 

(0.1

)

International operations

 

 

409

 

 

 

(4.5

)

 

 

30

 

 

 

(0.2

)

Share-based compensation

 

 

348

 

 

 

(3.8

)

 

 

2

 

 

 

-

 

Valuation allowance

 

 

1,471

 

 

 

(16.0

)

 

 

2,280

 

 

 

(16.6

)

Expiration of tax attributes

 

 

475

 

 

 

(5.2

)

 

 

217

 

 

 

(1.6

)

Goodwill impairment

 

 

-

 

 

 

-

 

 

 

784

 

 

 

(5.7

)

Other, net

 

 

61

 

 

 

(0.7

)

 

 

96

 

 

 

(0.7

)

Tax expense and effective tax rate

 

$

16

 

 

 

(0.2

)%

 

$

13

 

 

 

(0.1

)%

 

At December 31, 2019, we had approximately $79.7 million of federal and $12.4 million of state net operating loss carryforwards, which have begun to expire. Of the federal net operating loss carryforwards, approximately $45.7 million will expire by 2024 and $17.0 million are indefinite. We also have approximately $3.6 million of tax credit carryforwards, which have begun to expire. 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, 2019 or 2018.

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