Annual report pursuant to Section 13 and 15(d)

Income Taxes

Income Taxes
12 Months Ended
Jul. 31, 2022
Income Tax Disclosure [Abstract]  
Income taxes

Note 7 - Income taxes


The Company recorded no benefit or provision for income taxes for fiscal years ended July 31, 2022, 2021 or 2020. 


On March 27, 2020, the CARES Act was signed into law. The CARES Act includes provisions relating to refundable payroll tax credits, deferment of the employer portion of certain payroll taxes, net operating loss carryback periods, alternative minimum tax credit refunds, modifications to the net interest deduction limitations and technical corrections to tax depreciation methods for qualified improvement property. While the Company  continues to evaluate the impact of the CARES Act, it does not currently believe it will have a material impact on the Company’s income taxes or related disclosures.


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:


    2022     2021  
Deferred tax assets:            
Federal tax carryforward losses   $ 20,303       18,140  
Provision for uncollectible accounts receivable     635       970  
State and local tax carry forward losses     2,758       1,658  
Stock compensation     1,766       1,088  
Depreciation     875       850  
Research and development and other tax credit carryforwards     1,551       1,527  
Lease liabilities     4,594       5,194  
Foreign tax carryforward losses     3,213       2,536  
Intangibles and goodwill     481       858  
Inventory     1,769       1,637  
Accrued expenses     2,199       1,341  
Other, net     12       17  
Deferred tax assets     40,156       35,816  
Right of use assets     (4,313 )     (4,917 )
Prepaid expenses     (1,175 )     (946 )
Other, net     (58 )     (79 )
Deferred tax liabilities     (5,546 )     (5,942 )
Net deferred tax assets before valuation allowance     34,610       29,874  
Less: valuation allowance     (34,610 )     (29,874 )
Net deferred tax liabilities   $


The Company recorded a valuation allowance during the years ended July 31, 2022 and 2021 equal to domestic and 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 years 2022 and 2021, the change in the valuation allowance was $4,736 and ($203), respectively.


As of July 31, 2022, the Company had U.S. federal net operating loss carryforwards of approximately $96,679 of which $58,867, if not fully utilized, expire between 2030 and 2038 and which $37,812 do not expire. 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 $1,551 which expire between 2025 and 2042. As of July 31, 2022, the Company has state and local net operating loss carryforwards of approximately $38,133, which if not fully utilized, expire between 2038 and 2042. As of July 31, 2022, the Company had foreign loss carryforwards of approximately $14,831 which with few exceptions do not expire.


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


    2022     2021     2020  
United States operations   $ (14,267 )   $ 8,832     $ (27,690 )
International operations     (3,994 )     (957 )     (830 )
(Loss) income before taxes   $ (18,261 )   $ 7,875     $ (28,520 )


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


    2022     2021     2020  
Federal statutory rate     21.0 %     (21.0 )%     21.0 %
Compensation and other expenses not deductible for income tax return purposes     (2.9 )     (3.4 )     (1.1 )
PPP loan forgiveness income not taxable for income tax return purposes    
Change in valuation allowance, net     18.1       5.7       (19.9 )


Because there are no undistributed earnings at the Company’s foreign subsidiaries at July 31, 2022, no U.S. federal income taxes have been provided. As of July 31, 2022, 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. With few exceptions, the fiscal years that remain subject to examination are July 31, 2019 through July 31, 2022.


During fiscal 2021, the Swiss Federal Tax Administration completed of an examination for the fiscal years 2015 through 2018, which resulted in the tax returns being accepted as filed. During fiscal 2021, the Company received notification from the German tax authorities of an examination for the fiscal years 2015 through 2019. As of July 31, 2022, we had received no preliminary audit findings and no reserves have been recorded with respect to this audit.