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Income Taxes
12 Months Ended
Sep. 30, 2016
Income Tax Disclosure [Abstract]  
Income Taxes

6. INCOME TAXES

For the fiscal years ended September 30, 2016, 2015 and 2014 the income tax (provision) benefit was as follows (amounts shown in thousands):

 

 

 

2016

 

 

2015

 

 

2014

 

Federal—current

 

$

(129

)

 

$

(84

)

 

$

 

Federal—deferred

 

 

 

 

 

621

 

 

 

 

State—current

 

 

(16

)

 

 

(10

)

 

 

(2

)

State—deferred

 

 

 

 

 

13

 

 

 

 

Foreign—current

 

 

146

 

 

 

3

 

 

 

 

Total

 

$

1

 

 

$

543

 

 

$

(2

)

 

Significant components of the Company’s net deferred tax assets and liabilities as of September 30, 2016 and 2015 are as follows (amounts shown in thousands):

 

 

 

2016

 

 

2015

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

7,095

 

 

$

9,825

 

Foreign net operating losses

 

 

327

 

 

 

258

 

Stock based compensation

 

 

2,898

 

 

 

2,333

 

AMT credit carryforwards

 

 

279

 

 

 

149

 

Other, net

 

 

320

 

 

 

305

 

Research credit carryforwards

 

 

44

 

 

 

44

 

Total deferred assets

 

 

10,963

 

 

 

12,914

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Intangibles

 

 

(473

)

 

 

(603

)

Foreign deferred liabilities

 

 

(356

)

 

 

(415

)

Net deferred tax asset

 

 

10,134

 

 

 

11,896

 

Valuation allowance for net deferred tax assets

 

 

(10,163

)

 

 

(12,053

)

Net deferred tax liability

 

$

(29

)

 

$

(157

)

 

The Company has provided a valuation allowance against deferred tax assets recorded as of September 30, 2016 and 2015 due to uncertainties regarding the realization of such assets.

The net change in the total valuation allowance for the fiscal years ended September 30, 2016 and 2015 was a decrease in 2016 of $1.9 million and a decrease in 2015 of $0.9 million, 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, 2016, the Company has available net operating loss carryforwards of $37.4 million for federal income tax purposes, which will start to expire in 2018. The net operating loss carryforwards for state purposes are $31.7 million and will begin to expire in 2017. Included in these amounts are federal and state net operating losses of $18.8 million attributable to stock option deductions of which the tax benefit will be credited to equity when realized. As of September 30, 2016, the Company has available federal research and development credit carryforwards of $29,000 and alternative minimum tax credit carryforwards of $0.3 million. The federal research and development credits will start to expire in 2023. As of September 30, 2016, the Company has available California research and development credit carryforwards of $14,000, 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, 2016, 2015 and 2014 (amounts shown in thousands):

 

 

 

2016

 

 

2015

 

 

2014

 

Amount computed using statutory rate

 

$

(666

)

 

$

(674

)

 

$

1,798

 

Net change in valuation allowance for net deferred tax assets

 

 

1,889

 

 

 

1,619

 

 

 

(1,677

)

AMT and other

 

 

(148

)

 

 

151

 

 

 

 

Foreign rate differential

 

 

(70

)

 

 

(1

)

 

 

 

Non-deductible items

 

 

(1,136

)

 

 

(182

)

 

 

(411

)

State income tax

 

 

(15

)

 

 

(370

)

 

 

288

 

Foreign net operating loss

 

 

147

 

 

 

 

 

 

 

Income tax (provision) benefit

 

$

1

 

 

$

543

 

 

$

(2

)

 

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, 2016, no accrued interest or penalties are recorded in the consolidated financial statements.