Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.3.1.900
Income Taxes
12 Months Ended
Dec. 31, 2015
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
The components of loss before income taxes consist of the following (in thousands):
 
Year Ended December 31,
 
2015
 
2014
 
2013
Loss before income taxes:
 

 
 

 
 

Domestic
$
(26,889
)
 
$
(26,271
)
 
$
(18,450
)
Foreign
(2,639
)
 
(2,636
)
 
(1,167
)
Total loss before income taxes
$
(29,528
)
 
$
(28,907
)
 
$
(19,617
)

The provision for income tax expense (benefit) consists of the following (in thousands):
 
Year Ended December 31,
 
2015
 
2014
 
2013
Current:
 

 
 

 
 

U.S. Federal
$
(3
)
 
$
(122
)
 
$
(627
)
State
27

 
35

 
28

Foreign
(817
)
 
(96
)
 

Total current
(793
)
 
(183
)
 
(599
)
Deferred:
 

 
 

 
 

U.S. Federal
1

 
(5,693
)
 
(2,475
)
State
(47
)
 
(562
)
 
(322
)
Foreign

 
(126
)
 

Total deferred
(46
)
 
(6,381
)
 
(2,797
)
Total provision for income tax expense (benefit)
$
(839
)
 
$
(6,564
)
 
$
(3,396
)

Total income tax expense (benefit) differs from the expected income tax expense (benefit), computed by applying the federal statutory rate of 34% to earnings before income taxes as follows (in thousands):
 
Year Ended December 31,
 
2015
 
2014
 
2013
Expected income tax expense (benefit)
$
(10,040
)
 
$
(9,828
)
 
$
(6,671
)
State income taxes, net of federal tax effect
(830
)
 
(347
)
 
(549
)
Change in tax rate
48

 
20

 
1

Federal R&D credit
(82
)
 
(88
)
 
(57
)
Change in valuation allowance
9,906

 
2,957

 
3,659

Foreign tax
80

 
690

 
108

Other, net
79

 
32

 
113

Total provision for income tax expense (benefit)
$
(839
)
 
$
(6,564
)
 
$
(3,396
)

The tax effects of temporary differences that give rise to significant portions of deferred tax assets (liabilities) are presented below (in thousands):
 
December 31,
 
2015
 
2014
Deferred tax assets:
 

 
 

Inventory provisions and uniform capitalization
$
24

 
$
35

Accounts receivable allowances
9

 
20

Non-qualified stock option and restricted stock expense
1,789

 
2,176

Deferred maintenance revenue
76

 
221

Loss and credit carryforwards of U.S. subsidiary
28,366

 
19,153

Loss carryforward of foreign subsidiaries
382

 
221

Other accruals and reserves
1,108

 
907

Other
122

 
33

Total deferred tax assets before valuation allowance
31,876

 
22,766

Less valuation allowance
(28,928
)
 
(19,916
)
Total deferred tax assets
$
2,948

 
$
2,850

Deferred tax liabilities:
 

 
 

Acquired intangibles
$
(3,067
)
 
$
(3,865
)
Fixed Assets
(399
)
 
(100
)
Total deferred tax liabilities
$
(3,466
)
 
$
(3,965
)
Total net deferred tax assets (liabilities)
$
(518
)
 
$
(1,115
)

As of December 31, 2015, the Company had net operating loss carryforwards of $68.4 million for U.S. federal tax purposes. The Company also had $58.8 million of various state net operating loss carryforwards. The loss carryforwards for federal tax purposes will expire between 2023 and 2035 if not utilized. The loss carryforwards for state tax purposes will expire between 2022 and 2035 if not utilized.
As of December 31, 2015, the Company had federal and state research and development credit carryforwards of $2.9 million, net of Section 383 limitations, which will begin to expire in 2022 if not utilized.
As a result of its acquisition of Qumu, Inc. in October 2011, utilization of U.S. net operating losses and tax credits of Qumu, Inc. are subject to annual limitations under Internal Revenue Code Sections 382 and 383, respectively.
The Company assessed that the valuation allowance against its U.S. deferred tax assets is still appropriate as of December 31, 2015, based on the consideration of all available positive and negative evidence, using the “more likely than not” standard required by ASC 740, Income Taxes. The valuation allowance will be reviewed quarterly and will be maintained until sufficient positive evidence exists to support the reversal of the valuation allowance.
The Company generally believes that it is more likely than not that the future results of the operations of its subsidiaries in the U.K. will generate sufficient taxable income due to the reversal of deferred tax liabilities to realize the tax benefits related to its deferred tax assets. As of December 31, 2015, the Company had a cumulative foreign tax loss carryforward of $2.1 million in the U.K. This amount can be carried forward indefinitely.
The Company has not provided deferred taxes on unremitted earnings attributable to its international subsidiaries that are considered to be reinvested indefinitely. Accumulated undistributed foreign earnings relate primarily to operations of the Company's subsidiaries in Japan and the U.K. and amount to approximately $1.3 million as of December 31, 2015. The amount of cash, cash equivalent and marketable securities held by the Company's international subsidiaries that are not available to fund domestic operations unless repatriated was $1.0 million as of December 31, 2015. The Company currently does not intend to repatriate the cash and related balances held by its international subsidiaries. However, if circumstances change and these funds are needed to meet cash requirements in the U.S., the Company may be required to accrue and pay U.S. taxes, net of related foreign tax credits, to repatriate these funds. Based on current tax laws and structures, the Company does not believe this would have a material impact on its consolidated financial statements and cash flows.
A reconciliation of the beginning and ending amounts of gross unrecognized tax benefits for the years ended December 31 is presented in the table below (in thousands):
 
Year Ended December 31,
 
2015
 
2014
Gross unrecognized tax benefits at beginning of year
$
900

 
$
1,036

Increases related to:
 

 
 

Prior year income tax positions
2

 

Current year income tax positions
68

 
64

Decreases related to:
 

 
 

Prior year income tax positions - closure of statute of limitations

 
(200
)
Gross unrecognized tax benefits at end of year
$
970

 
$
900


Included in the balance of unrecognized tax benefits at December 31, 2015 are potential benefits of $9,000 that if recognized, would affect the effective tax rate. The Company does not anticipate that the total amount of unrecognized tax benefits as of December 31, 2015 will change significantly by December 31, 2016.
The Company recognizes accrued interest and penalties related to unrecognized tax benefits as a component of income tax expense. Total accrued interest and penalties amounted to $4,000 and $1,000 on a gross basis at December 31, 2015 and 2014, respectively, and are excluded from the reconciliation of unrecognized tax benefits presented above. Interest and penalties recognized in the Consolidated Statements of Operations related to uncertain tax positions amounted to a net tax benefit in 2015 of $3,000 and net tax expense in 2014 of $18,000.
The Company files income tax returns in the U.S. federal jurisdiction and various state and foreign jurisdictions. As of December 31, 2015, the Company was no longer subject to income tax examinations for taxable years before 2013 in the case of U.S. federal taxing authorities, and taxable years generally before 2011 in the case of state taxing authorities, consisting primarily of Minnesota and California.