Annual report pursuant to Section 13 and 15(d)

Income taxes

v3.19.3
Income taxes
12 Months Ended
Jul. 31, 2019
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]

Note 7 - Income taxes


The benefit for income taxes for fiscal years ended July 31 is as follows:


    2019     2018     2017  
                   
Federal   $     $ 1,097     $  
State and local                  
Foreign                  
Deferred benefit                  
Benefit for income taxes   $     $ 1,097     $  

In December 2017, the Tax Cuts and Jobs Act of 2017 (the “Tax Act”) was signed into law making significant changes to the Internal Revenue Code. Changes include, but are not limited to, a corporate tax rate decrease from 34% to 21% effective for tax years beginning after December 31, 2017, the transition of U.S. international taxation from a worldwide tax system to a territorial system, and a one-time transition tax on the mandatory deemed repatriation of cumulative foreign earnings as of December 31, 2017. The Staff of the Securities and Exchange Commission issued Staff Accounting Bulletin No. 118 (“SAB 118”) to address the application of U.S. GAAP in situations when a registrant does not have the necessary information available, prepared or analyzed (including computations) in reasonable detail to complete the accounting for certain income tax effects on the Tax Act. As a result of the Tax Act, the Company remeasured its U.S. Federal deferred tax assets and liabilities at the rate they are expected to reverse in the future. The Company recorded a cumulative charge of $11.5 million ($0 for July 31, 2019 and $11.5 million for July 31, 2018), which was fully offset by an equivalent adjustment to the deferred tax valuation allowance. The Company recorded a cumulative benefit of $1.1 million ($0 for July 31, 2019 and $1.1 million for July 31, 2018) related to a credit for alternative minimum taxes (AMT) paid in prior years. During the fiscal year ended July 31, 2019, the Company finalized its computation of the impact of the Tax Act with no change to the benefit amount.


In January 2018, the FASB released guidance on the accounting for tax on the global intangible low-taxed income (“GILTI”) provisions of the Tax Act. The GILTI provisions impose a tax on foreign income in excess of a deemed return on tangible assets of foreign corporations. The guidance allows companies to make an accounting policy election to either (i) account for GILTI as a component of tax expense in the period in which they are subject to the rules (the period cost method), or (ii) account for GILTI in the Company’s measurement of deferred taxes (the deferred method). After completing the analysis of the GILTI provisions, the Company elected to account for GILTI using the period cost method.


Deferred tax assets and liabilities arise from temporary differences between the tax basis of assets and liabilities and their reported amounts in the financial statements. The components of deferred tax assets (liabilities) as of July 31 are as follows:


      2019     2018    
  Deferred tax assets:                  
  Federal tax carryforward losses   $ 12,558     $ 13,975    
  Provision for uncollectible accounts receivable     1,116       791    
  State and local tax carry forward losses     144       352    
  Accrued royalties     101       102    
  Stock compensation     769       575    
  Depreciation     682       581    
  Research and development and other tax credit carryforwards     1,350       1,286    
  Foreign tax carryforward losses     3,783       2,771    
  Intangibles and goodwill     1,479       1,811    
  Inventory     1,086       1,786    
  Accrued expenses     1,127       1,194    
  Other, net     82       58    
  Deferred tax assets     24,277       25,282    
                     
  Prepaid expenses     (626 )     (772 )  
  Other, net     (124 )     (39 )  
  Deferred tax liabilities     (750 )     (811 )  
                     
  Net deferred tax assets before valuation allowance     23,527       24,471    
  Less: valuation allowance     (23,527 )     (24,471 )  
  Net deferred tax liabilities   $     $    

The Company recorded a valuation allowance during the years ended July 31, 2019 and 2018 equal to domestic and certain foreign net deferred tax assets. The Company believes that the valuation allowance is necessary as it is not more likely than not that the deferred tax assets will be realized in the foreseeable future based on positive and negative evidence available at this time. This conclusion was reached because of uncertainties relating to future taxable income, in terms of both its timing and its sufficiency, which would enable the Company to realize the deferred tax assets. For fiscal year 2019 and 2018 the change in the valuation allowance was $(0.9) million and $8.1 million, respectively.


As of July 31, 2019, the Company had U.S. federal net operating loss carryforwards of approximately $59.1 million. The U.S. federal tax loss carryforwards, if not fully utilized, expire between 2030 and 2038. Utilization is dependent on generating sufficient taxable income prior to expiration of the tax loss carryforwards. In addition, the Company has research and development tax credit carryforwards of approximately $1.3 million which expire between 2025 and 2039. As of July 31, 2019, the Company has state net operating loss carryforwards of approximately $2.7 million, which if not fully utilized, expire between 2037 and 2038. As of July 31, 2019, the Company had foreign loss carryforwards of approximately $15.4 million.


The components of income (loss) before income taxes consisted of the following for the years ended July 31:


    2019     2018     2017  
United States operations   $ 4,618     $ (9,540 )   $ (212 )
International operations     (2,129 )     (1,878 )     (2,292 )
Income (loss) before taxes   $ 2,489     $ (11,418 )   $ (2,504 )

The benefit for income taxes was at rates different from U.S. federal statutory rates for the following reasons for the years ended July 31:


    2019     2018     2017  
Federal statutory rate     (21.0 )%     26.4 %     34.0 %
Compensation and other expenses not deductible for
income tax return purposes
    (15.3 )     (1.0 )     (14.5 )
Change in valuation allowance     36.3       73.9       64.0  
State tax law change                 (81.1 )
Impact of Tax Act on valuation allowance           (100.1 )      
AMT refund under Tax Act           9.6        
Other           0.8       (2.4 )
      %     9.6 %     %

Because there are no undistributed earnings at the Company’s foreign subsidiaries at July 31, 2019, no U.S. federal income taxes have been provided. As of July 31, 2019, the Company has no liabilities for uncertain tax positions. It is the Company’s policy to record interest and penalties as a component of tax expense. The Company files income tax returns in the U.S. Federal jurisdiction, various U.S. state jurisdictions and several foreign jurisdictions.