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Income Taxes
 12 Months Ended
Jun. 30, 2021
Income Tax Disclosure [Abstract]  
Income Taxes

For financial reporting purposes, income before income taxes includes the following components:

 

    Year Ended June 30,  
    2021     2020  
Pretax income (loss):            
United States   $ (5,265,813 )   $ (3,739,527 )
Foreign     3,014,477       5,370,454  
Income (loss) before income taxes   $ (2,251,336 )   $ 1,630,927  

 

 

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

 

    Year Ended June 30,  
    2021     2020  
Current:            
Federal tax   $ -     $ -  
State     18,563       3,047  
Foreign     403,352       767,951  
Total current     421,915       770,998  
                 
Deferred:                
Federal tax     510,069       4,931  
State     1,931       (11,931 )
Foreign     -       -  
Total deferred     512,000       (7,000 )
                 
Total income tax provision   $ 933,915     $ 763,998  

 

The reconciliation of income tax computed at the U.S. federal statutory rates to the total income tax provision is as follows:

 

    Year Ended June 30,  
    2021     2020  
             
U.S. federal statutory tax rate     21.0 %     21.0 %
                 
Income tax provision reconciliation:                
Tax at statutory rate:   $ (472,782 )   $ 342,495  
Net foreign income subject to lower tax rate     (169,276 )     (497,959 )
State income taxes, net of federal benefit     (196,719 )     (75,415 )
Valuation allowance     (1,400,450 )     344,793  
NOL expiration and adjustments     3,516,695       (206,807 )
GILTI     310,431       835,101  
Federal research and development and other credits     (74,288 )     (71,962 )
Stock-based compensation     (265,485 )     -  
Other permanent differences     (67,893 )     (183,367 )
Other, net     (246,318 )     277,119  
    $ 933,915     $ 763,998  

 

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law, which, among other things, is intended to provide emergency assistance to qualifying businesses and individuals. The CARES Act also suspends the limitation on the deduction of NOLs arising in taxable years beginning before January 1, 2021, permits a five-year carryback of NOLs arising in taxable years beginning after December 31, 2017 and before January 1, 2021, and generally modifies the limitation on the deduction for net interest expense to 50% of adjusted taxable income for taxable years beginning in 2019 and 2020. During fiscal 2020, as a result of the CARES Act, the Company was able to accelerate the recovery of an income tax receivable related to previously paid alternative minimum tax. The receivable amount of approximately $107,000 as of June 30, 2020 was collected in July 2020. In addition, the Company elected to utilize the payroll tax deferral under the CARES Act, resulting in cash savings of approximately $325,000, accrued as of June 30, 2021 and deferred until at least December 31, 2021.

 

Income Tax Law of the People’s Republic of China

The Company’s Chinese subsidiaries, LPOI and LPOIZ, are governed by the Income Tax Law of the People’s Republic of China concerning the privately run and foreign invested enterprises, which are generally subject to tax at a statutory rate of 25% on income reported in the statutory financial statements after appropriate tax adjustments. For both the years ended June 30, 2021 and 2020, the tax rate for LPOIZ was 15%, in accordance with an incentive program for technology companies. No deferred tax provision has been recorded for China, as the effect is deemed de minimis.

 

The Company declared an intercompany dividends of $4 million and $2 million, respectively, from LPOIZ, payable to the Company as its parent company. Accordingly, the Company accrued and paid Chinese withholding taxes of $400,000 and $200,000 associated with the dividend during fiscal 2021 and 2020, respectively. Other than these withholding taxes, this intercompany dividend has no impact on the Consolidated Financial Statements. As of June 30, 2021, the Company has accrued a further $100,000 of withholding taxes related to future dividends.

 

Historically, the Company considered unremitted earnings held by its foreign subsidiaries to be permanently reinvested. However, during fiscal 2020, the Company began declaring intercompany dividends to remit a portion of the historical earnings of its foreign subsidiaries to the U.S. parent company. It is still the Company’s intent to reinvest a significant portion of the more recent earnings generated by its foreign subsidiaries, however the Company also plans to repatriate a portion of the historical earnings of its subsidiaries. Based on its previous intent, the Company had not historically provided for future Chinese withholding taxes on the related earnings. However, during fiscal 2020 the Company began to accrue for these taxes on the portion of historical earnings that it intends to repatriate.

 

Law of Corporate Income Tax of Latvia

The Company’s Latvian subsidiary, ISP Latvia, is governed by the Law of Corporate Income Tax of Latvia. Until December 31, 2017, ISP Latvia was subject to a statutory income tax rate of 15%. Effective January 1, 2018, the Republic of Latvia enacted tax reform with the following key provisions: (i) corporations are no longer subject to income tax, but are instead subject to a distribution tax on distributed profits (or deemed distributions, as defined), and (ii) the tax rate was changed to 20%; however, distribution amounts are first divided by 0.8 to arrive at the taxable amount of profit, resulting in an effective tax rate of 25%. As a transitional measure, distributions made from earnings prior to January 1, 2018, distributed prior to December 31, 2019, are not subject to tax if declared prior to December 31, 2019. ISP Latvia has declared an intercompany dividend to be paid to ISP, its U.S. parent company, for the full amount of earnings accumulated prior to January 1, 2018. Distributions of this dividend will be from earnings prior to January 1, 2018 and, therefore, will not be subject to tax. The Company currently does not intend to distribute any current earnings generated after January 1, 2018. If, in the future, the Company changes such intention, distribution taxes, if any, will be accrued as profits are generated.

 

The tax effects of temporary differences that give rise to significant portions of deferred tax assets and deferred tax liabilities are as follows at June 30:

 

 

    Year Ended June 30,  
    2021     2020  
Deferred tax assets:            
Net operating loss carryforwards   $ 13,585,000     $ 16,039,000  
Stock-based compensation     563,000       868,000  
R&D and other credits     2,177,000       2,108,000  
Capitalized R&D expenses     564,000       487,000  
Inventories     253,000       218,000  
Accrued expenses and other     347,000       99,000  
Gross deferred tax assets     17,489,000       19,819,000  
Valuation allowance for deferred tax assets     (15,644,000 )     (17,044,000 )
Total deferred tax assets     1,845,000       2,775,000  
Deferred tax liabilities:                
Depreciation and other     (255,000 )     (390,000 )
Intangible assets     (1,443,000 )     (1,726,000 )
Total deferred tax liabilities     (1,698,000 )     (2,116,000 )
Net deferred tax assets   $ 147,000     $ 659,000  

 

As of June 30, 2019, the Company has also recorded a non-current income tax receivable of $214,000 related to previously paid alternative minimum tax that is expected to be recovered within the next five years pursuant to certain provisions of the TCJA. During fiscal 2020, approximately $107,000 of this receivable was collected, and the balance was reclassified to other receivables, current, and subsequently collected in July 2020. No balance remains as of June 30, 2021.

 

In assessing the potential future recognition of deferred tax assets, management 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 the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and tax planning strategies in making this assessment. In order to fully realize the deferred tax asset, the Company will need to generate future taxable income of approximately $61 million prior to the expiration of NOL carry-forwards from 2022 through 2034. Based on the level of historical taxable income, management has provided for a valuation adjustment against the deferred tax assets of $15,644,000 at June 30, 2021, a decrease of approximately $1.4 million as compared to June 30, 2020. The increase in the valuation allowance for deferred tax assets as compared to the prior year is primarily the result of the various movements in the current year deferred items. The net deferred tax asset of $147,000 results from federal and state tax credits with indefinite carryover periods. State income tax expense disclosed on the effective tax rate reconciliation above includes state deferred taxes that are offset by a full valuation allowance.

 

At June 30, 2021, in addition to net operating loss carry forwards, the Company also has research and development credit carry forwards of approximately $2,177,000, which will expire from 2022 through 2039. A portion of the NOL carry forwards may be subject to certain limitations of the Internal Revenue Code Sections 382 and 383, which would restrict the annual utilization in future periods due principally to changes in ownership in prior periods.