Income Taxes

12 Months Ended

Dec. 31, 2021

Income Taxes

Income Taxes

13. Income Taxes

Consolidated loss before taxes for domestic and foreign operations consisted of the following:

	Year ended December 31,
	2021			2020
Domestic	$	(6,201	)	$	(4,574	)
Foreign		(1,776	)		(1,350	)
Total	$	(7,977	)	$	(5,924	)

The Company’s benefit from (provision for) income taxes consisted of the following:

	Year ended December 31,
	2021			2020
Current:
Federal	$	373		$	6,543
State		(9	)		(36	)
Foreign		(81	)		(78	)
Total current		283			6,429
Deferred:
Federal		1,326			(3,104	)
State		398			286
Foreign		302			216
Total		2,026			(2,602	)
Change in valuation allowance		(2,026	)		2,602
Total deferred		—			—
Tax benefit (provision)	$	283		$	6,429

The income tax (provision) differs from that computed at the federal statutory corporate income tax rate as follows:

	Year ended December 31,
	2021			2020
Tax benefit at federal statutory rate	$	1,674		$	1,244
State income tax benefit (provision), net of federal benefit		335			244
Research and development tax credits		361			272
Foreign earnings or losses taxed at different rates		(28	)		(38	)
Tax rate change, due primarily to loss carryback		(2	)		2,720
Other		(31	)		(615	)
Change in valuation allowance		(2,026	)		2,602
Tax provision	$	283		$	6,429

The tax effects of significant temporary differences representing net deferred tax assets and liabilities consisted of the following:

	2021			2020
Deferred revenue	$	9		$	21
Basis difference in intangible assets		1,319			2,994
Inventory reserve		2,377			2,434
Net operating loss carryforwards		7,121			3,605
Research and development tax credits		1,579			1,272
Accrued expenses		43			61
Stock-based compensation		308			309
Allowance for sales returns and doubtful accounts		83			128
Difference in property and equipment basis		(124	)		(145	)
Other		469			479
Total net deferred income tax asset		13,184			11,158
Less: Valuation allowance		(13,184	)		(11,158	)
Net deferred income tax asset (liability)	$	—		$	—

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was enacted on March 27, 2020. The CARES Act, among other things, includes provisions relating to refundable payroll tax credits, deferment of employer side payroll tax, Paycheck Protection Program, net operating loss carryback periods, and modifications to the net interest deduction limitations. The most significant impact to the Company from the CARES Act relates to the Paycheck Protection Program and modifications to the net operating loss carryback periods.  In November 2020, the Company completed its assessment of the impact of the carryback provisions from the CARES Act and elected to carry back its net operating losses to previous years.

The Company has not provided for foreign withholding taxes on undistributed earnings of its non-U.S. subsidiaries since these earnings are intended to be reinvested indefinitely, in accordance with guidelines contained in ASC Topic 740, Accounting for Income Taxes. It is not practical to estimate the amount of additional taxes that might be payable on such undistributed earnings.

The Company routinely evaluates the likelihood of realizing the benefit of its deferred tax assets and may record a valuation allowance if, based on all available evidence, it determines that it is more likely than not some portion of the tax benefit will not be realized. As of December 31, 2021, the Company had an aggregate of approximately $13.2 million in deferred tax assets primarily related to intangible assets, net operating losses, tax credit carryforwards, and inventory basis differences. On a quarterly basis, the Company tests the value of deferred tax assets for impairment at the taxpaying-component level within each tax jurisdiction. Significant judgment and estimates are required in determining whether valuation allowances should be established as well as the amount of such allowances. When making such determination, consideration is given to, among other things, the following:  

● sufficient taxable income within the allowed carryback or carryforward periods;

● future reversals of existing taxable temporary differences, including any tax planning strategies that could be utilized;

● nature or character (e.g., ordinary vs. capital) of the deferred tax assets and liabilities; and

● future taxable income exclusive of reversing temporary differences and carryforwards.

Based on the foregoing criteria, the Company determined that it no longer meets the “more likely than not” threshold that net operating losses, tax credits and other deferred tax assets will be realized. Accordingly, the Company recorded a full valuation allowance at September 30, 2018, and continues to be in a full valuation allowance position at December 31, 2021.

Under the five-year carryback provision of the CARES Act, the Company carried back its taxable losses from 2018 through 2020 to years from 2013 through 2015.  As no tax benefit was previously recorded for the years from 2018 through 2021 for the losses, due to the full valuation allowance, the carryback of these losses resulted in a tax benefit of $0.4 and $7.1M in 2021 and 2020, respectively.

As of December 31, 2021 the Company has federal net operating loss (“NOL”) carryforwards of approximately $13.2 million (pre-tax), state NOL carryforwards of approximately $34.9 million (pre-tax) and Spain NOL carryforwards of approximately $11.0 million (pre-tax). The federal NOL carryforward begins to expire in 2029. The Spain NOL carryforward does not expire. The state NOL carryforwards expire over various periods. 

Effective July 1, 2007, the Company adopted the accounting standards related to uncertain tax positions. This standard requires that tax positions be assessed using a two-step process. A tax position is recognized if it meets a “more likely than not” threshold, and is measured at the largest amount of benefit that is greater than 50 percent likely of being realized. Uncertain tax positions must be reviewed at each balance sheet date. Liabilities recorded as a result of this analysis must generally be recorded separately from any current or deferred income tax accounts.

The total amount of unrecognized tax benefits at December 31, 2021 and 2020, that would favorably impact our effective tax rate if recognized was $895 and $861, respectively. As of December 31, 2021 and 2020, we accrued $16 and $23, respectively, in interest and penalties related to unrecognized tax benefits. We account for interest expense and penalties for unrecognized tax benefits as part of our income tax provision. 

Although we believe our estimates are reasonable, we can make no assurance that the final tax outcome of these matters will not be different from that which we have reflected in our historical income tax provisions and accruals. Such difference could have a material impact on our income tax provision and operating results in the period in which we make such determination.

A reconciliation of the beginning and ending amount of liabilities associated with uncertain tax positions is as follows:

	Year ended December 31,
	2021			2020
Balance - beginning of year	$	861		$	298
Additions based on tax positions related to the current year		61			661
Additions for tax positions of prior years		—			—
Reductions for tax positions of prior years		—			—
Settlements		(20	)		(43	)
Lapse in statutes of limitations		(7	)		(55	)
Uncertain tax positions, ending balance	$	895		$	861

The Company’s U.S. federal income tax returns for 2018 through 2020 are subject to examination. The Company's U.S. 2018 federal income tax return is currently under examination. The Company also files in various state and foreign jurisdictions. With few exceptions, the Company is no longer subject to federal, state, or non-U.S. income tax examinations by tax authorities for years prior to 2017.