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Income taxes
12 Months Ended
Jun. 30, 2020
Income Tax Disclosure [Abstract]  
Income taxes
Income taxes
The domestic and foreign components of income (loss) before provision for income taxes were as follows (in thousands):
 
 
Fiscal Year Ended June 30,
 
 
2020
 
2019
 
2018
United States
 
$
(1,667
)
 
$
(28,834
)
 
$
(39,278
)
Foreign
 
5,239

 
4,558

 
2,860

Income (loss) from continuing operations before provision for income taxes
 
3,572

 
(24,276
)
 
(36,418
)
Equity in net income of equity method investees
 
876

 

 

Loss on discontinued operations before provision for income taxes
 
(4,042
)
 
(6,929
)
 
(3,404
)
Total income (loss) before provision for income taxes
 
$
406

 
$
(31,205
)
 
$
(39,822
)



The provision for income taxes for continuing operations consists of the following (in thousands):
 
 
Fiscal Year Ended June 30,
 
 
2020
 
2019
 
2018
Current income taxes:
 
 
 
 
 
 
Federal
 
$

 
$

 
$

State
 
40

 
14

 
32

Foreign
 
2,047

 
1,598

 
1,048

Total current income taxes
 
2,087

 
1,612

 
1,080

Deferred income taxes:
 
 
 
 
 
 
Federal
 

 
17

 

State
 

 

 

Foreign
 
(751
)
 
(253
)
 
(68
)
Total deferred income taxes
 
(751
)
 
(236
)
 
(68
)
Total provision for income taxes
 
$
1,336

 
$
1,376

 
$
1,012



The provision (benefit) for income taxes for continuing operations differs from the amount computed by applying the statutory federal income tax rate as follows (in thousands):
 
 
Fiscal Year Ended June 30,
 
 
2020
 
2019
 
2018
Tax at federal statutory tax rate
 
$
85

 
$
(5,098
)
 
$
(11,150
)
State taxes—net of federal benefit
 
40

 
15

 
32

Non-deductible expenses
 
157

 
110

 
88

Goodwill impairment
 

 
537

 
746

Foreign withholding taxes
 
486

 
340

 
527

Foreign income taxed at different rates
 
(289
)
 
(66
)
 
(309
)
Stock-based compensation expense
 
(87
)
 
1,002

 
653

Tax exempt income
 
(73
)
 
(94
)
 
(136
)
Change in valuation allowance
 
239

 
4,068

 
(8,396
)
One-time transition tax
 

 

 
44

Remeasurement of deferred tax assets and liabilities
 

 

 
18,900

FIN 48
 

 
114

 
15

GILTI inclusion
 
778

 
451

 

Other
 

 
(3
)
 
(2
)
Total provision for income taxes
 
$
1,336

 
$
1,376

 
$
1,012



Our provision for income taxes for continuing operations was $1.3 million in fiscal 2020 compared to $1.4 million in fiscal 2019. Our effective tax rate was 30% of income from continuing operations in fiscal 2020 compared to an effective tax rate of 6% of loss from continuing operations in fiscal 2019. Our effective tax rates in fiscal 2020, 2019 and 2018 were attributable primarily to foreign withholding taxes and income taxes in certain foreign jurisdictions.
Our effective tax rate of 30% of income from continuing operations in fiscal 2020 was greater than tax expense computed at the U.S. federal statutory income tax rate due primarily to the mix of foreign income and US losses, for which no tax benefit will be recognized on US losses since they are not more likely than not to be realized due to the lack of current and future income and the inability to carry back losses, and foreign withholding taxes for which no tax benefit will be recognized as a credit due to the lack of US income. Our effective tax rate of 6% of loss from continuing operations in fiscal 2019 was lower than the tax benefit computed at the U.S. federal statutory income tax rate due primarily to the mix of foreign income and US losses, for which no tax benefit will be recognized on US losses since they are not more likely than not to be realized due to the
lack of current and future income and the inability to carry back losses, and foreign withholding taxes for which no tax benefit will be recognized as a credit due to the lack of US income
Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of our net deferred tax assets were as follows (in thousands):
 
 
June 30,
 
 
2020
 
2019
Deferred tax assets:
 
 
 
 
Federal, state and foreign net operating losses
 
$
38,569

 
$
57,809

Federal and state tax credits
 
15,861

 
14,104

Stock-based compensation
 
2,442

 
2,885

Accrued expenses and reserves
 
24,973

 
13,659

Capitalized expense
 

 
34

Unrealized losses
 
282

 
481

Property and equipment
 
37

 
43

Operating lease liabilities
 
1,437

 

Acquired intangible assets
 
953

 
768

Total deferred tax assets
 
84,554

 
89,783

Deferred tax liabilities:
 
 
 
 
Property and equipment
 
(66
)
 
(79
)
Capitalized software
 
(17,579
)
 
(17,848
)
Deferred revenue
 
(14,777
)
 
(22,486
)
Unrealized gains
 
(25
)
 
(236
)
Operating lease right-of-use assets
 
(1,196
)
 

Investments
 
(2,617
)
 

Total deferred tax liabilities:
 
(36,260
)
 
(40,649
)
Deferred tax assets, net of liabilities:
 
48,294

 
49,134

Valuation allowance — worldwide
 
(46,804
)

(48,370
)
Net deferred tax assets
 
$
1,490

 
$
764



All available evidence, both positive and negative, was considered to determine whether, based upon the weight of the evidence, a valuation allowance for deferred tax assets is needed. As of June 30, 2020, we recognized deferred tax assets of $1.5 million from foreign jurisdictions and a deferred tax liability of $25,000 from a foreign jurisdiction, for net deferred tax assets of $1.5 million.
Due to operating losses in previous years and continued earnings volatility, we maintain a valuation allowance on the majority of our deferred tax assets, net of liabilities, since the assets are not more likely than not to be realized based upon our assessment of all positive and negative evidence. Realization of deferred tax assets is dependent upon future taxable earnings and losses, the timing of which is uncertain. Due to losses in previous years and potentially future years in the U.S., we maintained a full valuation allowance on deferred tax assets in the U.S. Due to operating losses in previous years and expected losses in future years, we continued to maintain a full valuation allowance for our foreign deferred tax assets in the United Kingdom. Our valuation allowance increased (decreased) from the prior year by approximately $(1.6) million, $(19.3) million, and $13.9 million in fiscal 2020, 2019 and 2018, respectively.
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was enacted in response to the COVID-19 pandemic. The CARES Act, among other things, permits net operating loss (NOL) carryovers and carrybacks to offset 100% of taxable income for taxable years beginning before 2021. In addition, the CARES Act allows NOLs incurred in 2018, 2019, and 2020 to be carried back to each of the five preceding taxable years to generate a refund of previously paid income taxes. Due to the Company’s history of losses and previous carrybacks, we will not receive any tax benefit from the NOL carryback provisions of the CARES Act.
We provide for U.S. income taxes on the earnings of foreign subsidiaries unless the subsidiaries' earnings are permanently reinvested outside the U.S. As of June 30, 2020, the cumulative amount of earnings upon which U.S. income taxes have not been provided was approximately $5.0 million. The net unrecognized deferred tax liability for these earnings was $229,000, which is primarily due to withholding taxes imposed if the dividend was distributed.
As of June 30, 2020, we had federal and California net operating loss carryforwards for income tax purposes of $167.8 million and $11.1 million, respectively. Federal loss carryforwards of $33.2 million will begin to expire in fiscal 2029, while $134.5 million of federal loss carryforwards can be carried forward indefinitely. Loss carryforwards have begun to expire for California purposes. In addition, we had federal and California research and development tax credit carryforwards of $8.1 million and $12.9 million, respectively, as of June 30, 2020. The federal research credits will begin to expire in fiscal 2023 and the California research credits can be carried forward indefinitely. The loss carryforwards and certain credits are subject to annual limitation under Internal Revenue Code Section 382.
As of June 30, 2020, we also had foreign net operating loss carryforwards of $2.7 million, which can be carried forward indefinitely. Due to uncertainty regarding our ability to utilize the foreign net operating loss carryforwards in certain jurisdictions, we have placed a valuation allowance of $0.4 million on these deferred tax assets.
The following is a tabular reconciliation of the total amounts of unrecognized tax benefits (in thousands):
 
 
Fiscal Year Ended June 30,
 
 
2020
 
2019
 
2018
Unrecognized tax benefit—beginning of period
 
$
4,600

 
$
3,820

 
$
3,035

Increase in tax positions taken during the current period
 
753

 
825

 
785

Increase in tax positions taken during the prior period
 

 
181

 

Decrease in tax positions taken during the prior period
 

 
(128
)
 

Decrease in tax positions due to settlements
 

 
(98
)
 

Lapse of statute of limitations
 

 

 

Unrecognized tax benefit—end of period
 
$
5,353

 
$
4,600

 
$
3,820


At June 30, 2020, 2019 and 2018, there was $0.1 million of unrecognized tax benefits that if recognized would affect the annual effective tax rate.
We file income tax returns in the U.S. with the IRS, California, various states, and foreign tax jurisdictions in which we have subsidiaries. The statute of limitations remains open from fiscal 2017 for federal tax purposes, from fiscal 2016 in state jurisdictions, and from fiscal 2015 in foreign jurisdictions. Fiscal years outside the normal statute of limitation remain open to audit by tax authorities due to tax attributes generated in those early years which have been carried forward and may be audited in subsequent years when utilized.
We believe it is reasonably possible that the gross unrecognized tax benefits as of June 30, 2020 will not decrease (whether by payment, release, or a combination of both) by a material amount in the next 12 months. We recognize interest and penalties related to unrecognized tax positions as part of our provision for federal, state and foreign income taxes. During fiscal 2020, 2019 and 2018, we recognized approximately zero, zero and $15,000 in interest and penalties. We had accrued zero for the payment of interest and penalties at June 30, 2020 and 2019.