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Income Taxes
12 Months Ended
Sep. 30, 2015
Income Tax Disclosure [Abstract]  
Income Taxes

6. INCOME TAXES

For the fiscal years ended September 30, 2015, 2014 and 2013 the income tax provision (benefit) was as follows:

 

 

 

2015

 

 

2014

 

 

2013

 

Federal—current

 

$

84,189

 

 

$

 

 

$

 

Federal—deferred

 

$

(621,014

)

 

 

 

 

 

 

 

 

State—current

 

 

9,902

 

 

 

2,226

 

 

 

1,076

 

State—deferred

 

$

(13,402

)

 

 

 

 

 

 

 

 

Foreign—current

 

 

(2,695

)

 

 

 

 

 

 

Total

 

$

(543,020

)

 

$

2,226

 

 

$

1,076

 

 

Significant components of the Company’s net deferred tax assets and liabilities as of September 30, 2015 and 2014 are as follows:

 

 

 

2015

 

 

2014

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

9,824,977

 

 

$

11,401,483

 

Foreign deferred assets

 

 

258,106

 

 

 

 

Stock based compensation

 

 

2,333,210

 

 

 

1,228,082

 

AMT credit carryforwards

 

 

149,346

 

 

 

66,320

 

Other, net

 

 

304,854

 

 

 

250,999

 

Research credit carryforwards

 

 

43,802

 

 

 

43,802

 

Total deferred assets

 

 

12,914,295

 

 

 

12,990,686

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Intangibles

 

 

(603,774

)

 

 

 

Foreign deferred liabilities

 

 

(414,820

)

 

 

 

Net deferred tax asset

 

 

11,895,701

 

 

 

12,990,686

 

Valuation allowance for net deferred tax assets

 

 

(12,052,415

)

 

 

(12,990,686

)

Net deferred tax liability

 

$

(156,714

)

 

$

 

 

The Company has provided a valuation allowance against deferred tax assets recorded as of September 30, 2015 and 2014 due to uncertainties regarding the realization of such assets.

The net change in the total valuation allowance for the fiscal years ended September 30, 2015 and 2014 was a decrease in 2015 of $938,271 and an increase in 2014 of $1,677,309, respectively. In assessing the realizability of deferred tax assets, the Company considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during periods in which those temporary differences become deductible. The Company considers projected future taxable income and planning strategies in making this assessment. Based on the level of historical operating results and projections for future taxable income, the Company has determined that it is more likely than not that the deferred tax assets will not be realized. Accordingly, the Company has recorded a valuation allowance to reduce deferred tax assets to zero. There can be no assurance that the Company will ever be able to realize the benefit of some or all of the federal and state loss carryforwards or the credit carryforwards, either due to ongoing operating losses or due to ownership changes, which limit the usefulness of the loss carryforwards.

As of September 30, 2015, the Company has available net operating loss carryforwards of $43,915,977 for federal income tax purposes, which will start to expire in 2018. The net operating loss carryforwards for state purposes are $33,409,701 and will begin to expire in 2015. Included in these amounts are federal and state net operating losses of $17,825,307 attributable to stock option deductions of which the tax benefit will be credited to equity when realized. As of September 30, 2015, the Company has available federal research and development credit carryforwards of $29,306 and alternative minimum tax credit carryforwards of $149,346. The research and development credits will start to expire in 2023. As of September 30, 2015, the Company has available California research and development credit carryforwards of $21,963 which do not expire.

The Company’s ability to use its net operating loss and research and development credit carryforwards may be substantially limited due to ownership change limitations that may have occurred or that could occur in the future, as required by Section 382 of the Internal Revenue Code of 1986, as amended (“Section 382”), as well as similar state provisions. The Company has not completed a study to assess whether an ownership change has occurred or whether there have been multiple ownership changes since the Company became a “loss corporation” as defined in Section 382. Due to the existence of the valuation allowance, it is not expected that any possible limitation will have an impact on the results of operations or financial position of the Company.

The difference between the income tax provision (benefit) and income taxes computed using the U.S. federal income tax rate was as follows for the years ended September 30, 2015, 2014 and 2013:

 

 

 

2015

 

 

2014

 

 

2013

 

Amount computed using statutory rate

 

$

674,260

 

 

$

(1,798,479

)

 

$

(2,473,374

)

Net change in valuation allowance for net deferred tax assets

 

 

(1,618,671

)

 

 

1,677,309

 

 

 

1,968,987

 

Other

 

 

(151,209

)

 

 

-

 

 

 

-

 

Foreign rate differential

 

 

970

 

 

 

-

 

 

 

-

 

Non-deductible items

 

 

181,786

 

 

 

411,473

 

 

 

548,839

 

State income tax

 

 

369,844

 

 

 

(288,077

)

 

 

(43,376

)

Income tax provision (benefit)

 

$

(543,020

)

 

$

2,226

 

 

$

1,076

 

 

Included in the benefit is a tax benefit of $634,930 which arises from the recognition of a deferred tax liability related to identifiable intangibles recorded through purchase accounting in connection with the Company’s acquisition of IDchecker. The recognition of the deferred tax liability results in the release of a corresponding valuation allowance on the existing deferred tax assets.

The Company files income tax returns in the U.S. federal jurisdiction and various state jurisdictions. Because the Company is carrying forward federal and state net operating losses from 1997 and 2002, respectively, the Company is subject to U.S. federal and state income tax examinations by tax authorities for all years since 1997 and 2002, as the case may be. The Company does not have any uncertain tax positions. As of September 30, 2015, no accrued interest or penalties are recorded in the financial statements.