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Income Taxes
12 Months Ended
Jun. 30, 2016
Income Taxes [Abstract]  
Income Taxes

4. INCOME TAXES

Loss before income tax benefit (provision) consisted of the following (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Year Ended June 30,

 

 

    

2016

    

2015

    

2014

 

United States

 

$

(11,823)

 

$

(24,621)

 

$

(3,830)

 

Foreign

 

 

4,720

 

 

12,512

 

 

(825)

 

Loss before income tax benefit (provision)

 

$

(7,103)

 

$

(12,109)

 

$

(4,655)

 

  

The following table reconciles the federal statutory tax rate to the effective tax rate of the income tax provision:

 

 

 

 

 

 

 

 

 

 

 

 

Year Ended June 30,

 

 

    

2016

    

2015

    

2014

 

 

 

 

 

 

 

 

 

Federal statutory income tax rate

 

34.0

%  

34.0

%  

34.0

%

Current state taxes

 

(0.1)

 

 —

 

(8.3)

 

Foreign rate differential

 

(0.8)

 

(4.9)

 

(7.1)

 

Expired net operating losses

 

 —

 

 —

 

 —

 

Research and development credits

 

3.5

 

1.5

 

3.0

 

Foreign withholding tax

 

(5.4)

 

(2.2)

 

(1.0)

 

Nondeductible secondary offering expenditures

 

 —

 

 —

 

 —

 

Other items

 

(2.4)

 

1.8

 

(2.3)

 

Net change in valuation allowance

 

(16.7)

 

(32.8)

 

(31.0)

 

Effective tax rate

 

12.1

%

(2.6)

%  

(12.7)

%

 

The components of the income tax (benefit) provision are as follows (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Year Ended June 30,

 

 

    

2016

    

2015

    

2014

 

Current provision:

 

 

 

 

 

 

 

 

  

 

Federal

 

$

 —

 

$

23

 

$

54

 

Foreign

 

 

533

 

 

560

 

 

567

 

State

 

 

10

 

 

5

 

 

6

 

Total current:

 

 

543

 

 

588

 

 

627

 

Deferred (benefit):

 

 

 

 

 

 

 

 

 

 

Foreign

 

 

(1,406)

 

 

(268)

 

 

(36)

 

Total deferred:

 

 

(1,406)

 

 

(268)

 

 

(36)

 

Income tax (benefit) provision

 

$

(863)

 

$

320

 

$

591

 

 

As of June 30, 2016, we had federal and state net operating loss carryforwards of approximately $215.8 million and $35.4 million, respectively. The net operating loss carryforwards will expire at various dates beginning in 2019 through 2035, if not utilized. Partial amounts of the net operating losses are generated from the exercise of options and the tax benefit would be credited directly to stockholders’ equity (deficit). We also had federal research and development credit carryforwards of approximately $2.7 million as of June 30, 2016 which will expire at various dates beginning in 2016 through 2035, if not utilized. The California research and development credit carryforwards are approximately $4.0 million as of June 30, 2016 and have an indefinite carryover period. We also have U.K. net operating loss carryforwards of approximately $4.7 million as of June 30, 2016.

Utilization of the Federal and California net operating losses and credits may be subject to a substantial limitation due to the “change in ownership” provisions of the Internal Revenue Code of 1986 and similar state provisions. The annual limitation may result in the expiration of net operating losses and credits before utilization.

Deferred tax assets and liabilities reflect the net tax effects of net operating loss and credit carryforwards and of temporary differences between the carrying amounts of assets and liabilities for financial reporting and the amounts used for income tax purposes.

Significant components of our deferred tax assets and liabilities for federal, state and foreign income taxes are as follows (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

June 30,

 

 

    

2016

    

2015

 

Deferred tax assets:

 

 

   

 

 

   

 

Net operating loss carryforwards

 

$

74,751

 

$

71,671

 

Research credits

 

 

5,289

 

 

4,659

 

Deferred revenue

 

 

372

 

 

156

 

Stock-based compensation

 

 

111

 

 

650

 

Accruals and Reserves

 

 

1,199

 

 

1,193

 

Other

 

 

(294)

 

 

(580)

 

Total deferred tax assets

 

 

81,428

 

 

77,749

 

Valuation allowance for deferred tax assets

 

 

(80,863)

 

 

(78,591)

 

Net deferred tax assets (liabilities), included in other assets and other long term liabilities

 

$

565

 

$

(842)

 

 

ASC 740, Income Taxes, provides for the recognition of deferred tax assets if realization of such assets is more likely than not. For the legacy eGain business in the United States, based upon the weight of available evidence, which includes our historical operating performance and the reported cumulative net losses in all prior years, we have provided a full valuation allowance against our net deferred tax assets.  For the legacy eGain business in the United Kingdom, the Company has determined based on the positive evidence it would be able to utilize the deferred tax assets and therefore released the valuation allowance against the deferred tax assets in the United Kingdom. The remaining eGain foreign operations as well as Exony’s business have historically been profitable and we believe it is more likely than not that those assets will be realized. Our tax provision primarily relates to foreign activities as well as state income taxes. Our income tax rate differs from the statutory tax rates primarily due to the utilization of net operating loss carryforwards which had previously been valued against as well as our foreign operations.  

The net valuation allowance increased by $2.3 million for the year ended June 30, 2016, compared to the increase of $4.5 million for year ended June 30, 2015, and the increase of $914,000 for year ended June 30, 2014, respectively.

Deferred tax liabilities have not been recognized for $12.2 million of undistributed earnings of our foreign subsidiaries as of June 30, 2016. It is our intention to reinvest such undistributed earnings indefinitely in our foreign subsidiaries. If we distribute these earnings, in the form of dividends or otherwise, we would be subject to both United States income taxes (net of applicable foreign tax credits) and withholding taxes payable to the foreign jurisdiction.

Uncertain Tax Positions

The aggregate changes in the balance of our gross unrecognized tax benefits during fiscal years 2016, 2015 and 2014 were as follows (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Year Ended June 30,

 

 

    

2016

    

2015

    

2014

 

Beginning balance

 

$

1,346

 

$

1,290

 

$

1,778

 

Increases in balances related to tax positions taken during current periods

 

 

67

 

 

56

 

 

58

 

Decrease in balances related to tax positions taken during prior periods

 

 

 —

 

 

 —

 

 

(546)

 

Ending balance

 

$

1,413

 

$

1,346

 

$

1,290

 

 

We recognize accrued interest and penalties related to unrecognized tax benefits in the income tax (benefit) provision, and the amounts were insignificant for the last three fiscal years.

We do not anticipate the amount of existing unrecognized tax benefits will significantly increase or decrease within the next 12 months. We file income tax returns in the United States, and various state and foreign jurisdictions. In these jurisdictions tax years 1994-2015 remain subject to examination by the appropriate governmental agencies due to tax loss carryovers from those years.