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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes

  10. Income Taxes

 

For each of the years 2016 and 2015, current tax provisions and current deferred tax provisions were recorded as follows:

 

    2016     2015  
Current Tax Provision                
Federal   $ -     $ -  
State     (25,000 )     (26,000 )
Foreign     (1,000 )     24,000  
      (26,000 )     (2,000 )
Deferred Tax Provision                
Federal     -       -  
State     (4,000 )     (4,000 )
Foreign     (8,000 )     (6,000 )
      (12,000 )     (10,000 )
Total Tax Provison                
Federal     -       -  
State     (29,000 )     (30,000 )
Foreign     (9,000 )     18,000  
    $ (38,000 )   $ (12,000 )

 

The net deferred tax assets and liabilities have been reported in other assets in the consolidated balance sheets at December 31, 2016 and 2015 as follows:

 

    2016     2015  
Deferred Tax Assets:                
NOL carryforwards   $ 23,291,000     $ 21,462,000  
UK NOL carryforwards     516,000       693,000  
Capital loss     -       416,000  
Allowance for doubtful accounts     139,000       -  
Compensation and vacation accrual     92,000       221,000  
Operating accruals     147,000       213,000  
Deferred revenue     -       677,000  
Research and experimentation, AMT and foreign tax credits     147,000       156,000  
Texas Margin Tax Credit     126,000       129,000  
Fixed assets and intangibles     199,000       204,000  
Foreign     -       181,000  
Other     664,000       504,000  
Total gross deferred tax assets     25,321,000       24,856,000  
Valuation allowance     (24,880,000 )     (24,441,000 )
Net deferred tax assets     441,000       415,000  
                 
Deferred Tax Liabilities:                
Capitalized software     359,000       349,000  
Amortization     -       18,000  
Foreign     45,000       42,000  
Deferred revenue     49,000       -  
Other     -       6,000  
Total gross deferred liabilities     453,000       415,000  
Net deferred taxes   $ (12,000 )   $ -  

 

The reconciliation of computed expected income taxes to effective income taxes by applying the federal statutory rate of 34% is as follows:

 

    For the year ended
December 31,
 
    2016     2015  
Tax at federal income tax rate   $ 962,000     $ 2,435,000  
State provision     (29,000 )     (30,000 )
Foreign tax differential     2,000       38,000  
Change in valuation allowance     (917,000 )     (2,407,000 )
Permanent items     (56,000 )     (48,000 )
Total Provision   $ (38,000 )   $ (12,000 )

 

The net change in the total valuation allowance for the year ended December 31, 2016 was an increase of $917,000. The net change in the total valuation allowance for the year ended December 31, 2015 was an increase of $2,407,000. In assessing the realizability 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 periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and planning strategies in making this assessment. Based on the level of historical operating results and projections for the taxable income for the future, management has determined that it is more likely than not that the portion of deferred taxes not utilized through the reversal of deferred tax liabilities will not be realized. Accordingly, the Company has recorded a valuation allowance to reduce deferred tax assets to the amount that is more likely than not to be realized.

 

At December 31, 2016, the Company has available net operating loss (“NOL”) carryforwards of approximately $65,291,000 for federal income tax purposes, which will begin to expire in 2017. The NOL carryforwards for state purposes, which will continue expiring in 2017, are approximately $35,969,000. 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 due to continued operating losses. Further, under Internal Revenue Code Section 382 and similar state provisions, ownership changes may limit the annual utilization of NOL carryforwards existing prior to a change in control that are available to offset future taxable income. Such limitations would reduce, potentially significantly, the gross deferred tax assets disclosed in the table above related to the NOL carryforwards. The Company completed a Section 382 analysis for the period from January 1, 1992 through September 30, 2016 and determined that the Company does not expect to be limited in regards to utilizing the total NOL carryforwards that existed as of September 30, 2016, provided it generates sufficient future earnings prior to the expiration of the NOLs and that future changes in ownership do not trigger a Section 382 limitation. Based on the Company’s analysis of its stockholder activity for the three months ended December 31, 2016, there does not appear to be ownership changes that would have caused an annual limitation under the provisions of Section 382. The Company continues to disclose the NOL carryforwards at their original amount in the table above as no potential limitation has been quantified. The Company has also established a full valuation allowance for substantially all deferred tax assets, including the NOL carryforwards, since the Company could not conclude that it was more likely than not able to generate future taxable income to realize these assets. In addition, the Company has approximately $190,000 of state tax credit tax carryforwards that expire in the years 2017 through 2026.

 

The deferred tax assets as of December 31, 2016 include a deferred tax asset of $631,000 representing NOLs arising from the exercise of stock options by Company employees for 2005 and prior years. To the extent the Company realizes any tax benefit for the NOLs attributable to the stock option exercises, such amount would be credited directly to stockholders' equity.

 

United States income taxes were not provided on unremitted earnings from non-United States subsidiaries. Such unremitted earnings are considered to be indefinitely reinvested and determination of the amount of taxes that might be paid on these undistributed earnings is not practicable.

 

The Company and its subsidiaries are subject to federal income tax as well as income tax of multiple state jurisdictions. With few exceptions, the Company is no longer subject to income tax examination by tax authorities in major jurisdictions for years prior to 2011. However, to the extent allowed by law, the taxing authorities may have the right to examine prior periods where NOLs were generated and carried forward, and make adjustments up to the amount of the carryforwards. The Company is not currently under examination by the IRS or state taxing authorities.