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Income taxes
12 Months Ended
Dec. 31, 2014
Income taxes  
Income taxes

13. Income taxes

        The components of the Company's income (loss) before provision for income taxes by jurisdiction are as follows:

                                                                                                                                                                                    

 

 

Year ended December 31,

 

 

 

2014

 

2013

 

2012

 

United States

 

$

2,563,036

 

$

537,097

 

$

(6,307,445

)

Outside United States

 

 

1,397,812

 

 

(474,222

)

 

2,002,251

 

​  

​  

​  

​  

​  

​  

Income (loss) before provision for income taxes, net

 

$

3,960,848

 

$

62,875

 

$

(4,305,194

)

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        The components of the provision for income taxes are as follows:

                                                                                                                                                                                    

 

 

Year ended December 31,

 

 

 

2014

 

2013

 

2012

 

Current tax:

 

 

 

 

 

 

 

 

 

 

United States—Federal

 

$

 

$

 

$

 

United States—State and local

 

 

9,456

 

 

5,754

 

 

11,056

 

Outside United States

 

 

756,752

 

 

619,043

 

 

417,837

 

​  

​  

​  

​  

​  

​  

Total current tax

 

 

766,208

 

 

624,797

 

 

428,893

 

​  

​  

​  

​  

​  

​  

Deferred tax:

 

 

 

 

 

 

 

 

 

 

United States—Federal

 

 

 

 

 

 

 

United States—State and local

 

 

 

 

 

 

 

Outside United States

 

 

34,255

 

 

(583,928

)

 

(281,782

)

​  

​  

​  

​  

​  

​  

Total deferred tax

 

 

34,255

 

 

(583,928

)

 

(281,782

)

​  

​  

​  

​  

​  

​  

Provision for income taxes, net

 

 

800,463

 

$

40,869

 

$

147,111

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        For 2014, the provision for income taxes of $0.8 million related primarily to foreign entities. The Company has tax carry forwards in its federal, state and foreign jurisdictions. Based on all available evidence, it is not more likely than not that the Company would realize the benefit from $29.9 million of the deferred tax assets. Therefore, a valuation allowance of $28.5 million is recorded, which takes into account a deferred tax liability of $0.7 million. The Company has recorded a tax benefit for tax attribute carry forwards in the jurisdictions in which there is sufficient positive evidence that the deferred tax asset will be realized, resulting in a net deferred tax asset of $0.7 million.

        For 2013, the provision for income taxes of $40,869 related primarily to foreign entities. The Company has tax carry forwards in its federal, state and foreign jurisdictions. Based on all available evidence, it is not more likely than not that the Company would realize the benefit from $31.2 million of the deferred tax assets. Therefore, a valuation allowance of $29.4 million is recorded, which takes into account a deferred tax liability of $1.0 million. The Company has recorded a tax benefit for tax attribute carry forwards in the jurisdictions in which there is sufficient positive evidence that the deferred tax asset will be realized, resulting in a net deferred tax asset of $0.8 million.

        For 2012, the provision for income taxes of $0.1 million related primarily to foreign entities. The Company has tax attribute carry forwards in its federal, state and foreign jurisdictions. Based on all available evidence, it is not more likely than not that the Company would realize the benefit from $29.2 million of the deferred tax assets. Therefore, a valuation allowance of $29.2 million is recorded and a deferred tax benefit of $0.2 million is recorded. The Company has recorded a tax benefit for tax attribute carry forwards in the jurisdictions in which there is sufficient positive evidence that the deferred tax asset will be realized, resulting in a net deferred tax asset of $0.2 million.

        The table below shows reconciliation from the U.S. Federal statutory income rate of 34.0% to the effective income tax rate:

                                                                                                                                                                                    

 

 

Year ended December 31,

 

 

 

2014

 

2013

 

2012

 

Federal statutory rate

 

 

34.0

%

 

34.0

%

 

34.0

%

State tax (less than 0.2% for 2012)

 

 

0.24

 

 

9.2

 

 

 

Permanent differences

 

 

2.49

 

 

54.3

 

 

(4.8

)

Foreign tax rates at rates different from U.S. rates

 

 

(22.06

)

 

(82.7

)

 

18.8

 

Valuation allowance

 

 

6.05

 

 

50.2

 

 

(51.4

)

​  

​  

​  

​  

​  

​  

Total tax provision

 

 

20.72

%

 

65.0

%

 

(3.4

)%

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        With few exceptions, the statute of limitations for the years 2010 and prior has expired. Earlier years related to certain foreign jurisdictions remain subject to examination. There are no income tax returns currently under examination. However, to the extent allowed by law, the tax authorities may have the right to examine prior periods where net operating losses were generated and carried forward, and may make adjustments up to the amount of the net operating loss carry forward. As of December 31, 2014 and 2013, the Company has no significant uncertain tax positions and, therefore, has not recorded any significant liabilities, interest or penalties for uncertain tax positions. To the extent that the Company records any interest or penalties, these amounts will be recorded as part of the income tax provision. If the Company's positions are sustained by the taxing authorities, there will be no impact to the Company's income tax provision. There were no significant changes to the Company's unrecognized tax benefits during the year ended December 31, 2014, and the Company does not anticipate any other significant changes to the unrecognized tax benefits during the next twelve months.

        The components of deferred tax assets and liabilities are as follows:

                                                                                                                                                                                    

 

 

As of December 31,

 

 

 

2014

 

2013

 

Deferred tax assets:

 

 

 

 

 

 

 

Net operating loss carry-forwards

 

$

25,425,715

 

$

27,188,180

 

Stock options

 

 

3,482,800

 

 

3,514,890

 

Bonuses and salaries

 

 

26,993

 

 

33,111

 

Restricted stock

 

 

91,580

 

 

73,538

 

Provision for doubtful accounts

 

 

14,568

 

 

13,703

 

Foreign nonrefundable withholding tax

 

 

478,295

 

 

318,163

 

Foreign tax credit

 

 

335,698

 

 

 

Other

 

 

 

 

22,937

 

​  

​  

​  

​  

Total deferred tax assets

 

 

29,855,649

 

 

31,164,522

 

​  

​  

​  

​  

Less: Valuation allowance

 

 

(28,475,080

)

 

(29,416,464

)

​  

​  

​  

​  

Net deferred tax assets

 

 

1,380,569

 

 

1,748,058

 

​  

​  

​  

​  

Deferred tax liabilities:

 

 

 

 

 

 

 

Depreciation and amortization

 

 

(653,074

)

 

(981,816

)

​  

​  

​  

​  

Total deferred tax liabilities

 

 

(653,074

)

 

(981,816

)

​  

​  

​  

​  

Total deferred tax assets, net*

 

$

727,495

 

$

766,242

 

​  

​  

​  

​  

​  

​  

​  

​  

​  


*

As of December 31, 2014 and 2013, deferred tax assets, net, are included in the balance sheet classification "Security deposits and other assets."

        As of December 31, 2014, the Company has available federal net operating loss carry forwards of $67.2 million, state net operating loss carry forwards, primarily New York State, of $68.1 million, and various foreign net operating loss carry forwards, the most significant of which expire from 2020 through 2033.

        The Company assesses the recoverability of its net operating loss carry forwards and other deferred tax assets and records a valuation allowance to the extent recoverability does not satisfy the "more likely than not" recognition criteria. The Company continues to maintain the valuation allowance until sufficient positive evidence exists to support full or partial reversal. As of December 31, 2014, the Company had a valuation allowance totaling $28.5 million against its deferred tax assets, net of deferred tax liabilities, due to insufficient positive evidence, primarily consisting of historical losses within the taxing jurisdictions that have tax attributes and deferred tax assets.