Quarterly report pursuant to Section 13 or 15(d)

Income Taxes

v3.6.0.2
Income Taxes
3 Months Ended
Dec. 31, 2016
Income Taxes [Abstract]  
Income Taxes

NOTE 10  – Income Taxes



The Company accounts for income taxes using the liability method, which requires the recognition of deferred tax assets or liabilities for the tax-effected temporary differences between the financial reporting and tax bases of its assets and liabilities, and for net operating loss and tax credit carryforwards.



The Company completes a detailed analysis of its deferred income tax valuation allowances on an annual basis or more frequently if information comes to our attention that would indicate that a revision to our estimates is necessary.  In evaluating the Company’s ability to realize its deferred tax assets, management considers all available positive and negative evidence on a country-by-country basis, including past operating results, forecast of future taxable income, and the potential Section 382 limitation on the net operating loss carryforwards due to a change in control.  In determining future taxable income, management makes assumptions to forecast U.S. federal and state, U.K. and Malaysia operating income, the reversal of temporary differences, and the implementation of any feasible and prudent tax planning strategies.  These assumptions require significant judgment regarding the forecasts of the future taxable income in each tax jurisdiction, and are consistent with the forecasts used to manage the Company’s business.  It should be noted that the Company realized significant losses through 2005 on a consolidated basis.  Since fiscal year 2006, the Company has consistently generated taxable income on a consolidated basis, providing a reasonable future period in which the Company can reasonably expect to generate taxable income.  In management’s analysis to determine the amount of the deferred tax asset to recognize, management projected future taxable income for each tax jurisdiction.



As of December 31, 2016, the Company had U.S. federal and state net operating loss carryforwards of approximately $11,705,000 and $11,425,000, respectively, for income tax purposes expiring in years 2021 to 2034.  The Company’s U.K. subsidiary has U.K. net operating loss carryforwards of approximately $60,863,000 as of December 31, 2016, which can be carried forward indefinitely to be used to offset future U.K. taxable income.  With the demand for and profitability of FC2, the Company expects utilization of its net operating losses in both the U.K. and the U.S. will continue.  The Company’s net operating loss carryforwards will be utilized to reduce cash payments for income taxes based on the statutory rate in effect at the time of such utilization.



A reconciliation of income tax expense and the amount computed by applying the statutory federal income tax rate to income before income taxes is as follows:













 

 

 

 

 



 

 

 

 

 



Three Months Ended



December 31,



2016

 

2015

Income tax (benefit) expense at statutory rates

$

(645,000)

 

$

789,000 

State income tax (benefit) expense, net of federal benefits

 

(96,000)

 

 

119,000 

Non-deductible business acquisition expenses

 

111,000 

 

 

 —

Non-deductible expenses - other

 

1,000 

 

 

2,000 

Effect of AMT expense

 

 —

 

 

30,000 

Effect of lower foreign income tax rates

 

81,736 

 

 

(107,125)

Other

 

17,195 

 

 

(3,422)

Income tax (benefit) expense

$

(530,069)

 

$

829,453 



Significant components of the Company’s deferred tax assets and liabilities are as follows:







 

 

 

 

 



 

 

 

 

 



December 31,

 

September 30,

Deferred Tax Assets

2016

 

2016

Federal net operating loss carryforwards

$

4,434,601 

 

$

2,756,000 

State net operating loss carryforwards

 

441,728 

 

 

400,000 

AMT credit carryforward

 

489,000 

 

 

489,000 

Foreign net operating loss carryforwards – U.K.

 

11,058,764 

 

 

10,955,000 

Foreign capital allowance – U.K.

 

112,000 

 

 

112,000 

Other, net - Malaysia

 

9,850 

 

 

9,850 

Restricted stock – U.K.

 

1,000 

 

 

1,000 

Share-based compensation

 

51,304 

 

 

101,000 

Warrants

 

212,367 

 

 

 —

Deemed dividend - Malaysia

 

942,000 

 

 

942,000 

Other, net - U.S.

 

(21,800)

 

 

25,000 

Gross deferred tax assets

 

17,730,814 

 

 

15,790,850 

Valuation allowance for deferred tax assets

 

(2,299,000)

 

 

(2,299,000)

Net deferred tax assets

 

15,431,814 

 

 

13,491,850 

Deferred Tax Liabilities:

 

 

 

 

 

Intangible assets

 

(8,157,200)

 

 

 —

Foreign capital allowance – Malaysia

 

(111,110)

 

 

(119,919)

Gross deferred tax liabilities

 

(8,268,310)

 

 

(119,919)

Net deferred tax assets

$

7,163,504 

 

$

13,371,931 



The deferred tax amounts have been classified in the accompanying consolidated balance sheets as follows:







 

 

 

 

 



 

 

 

 

 



December 31,

 

September 30,



2016

 

2015

Long term deferred assets

$

8,872,764 

 

$

13,482,000 

Long term deferred liabilities

 

(1,709,260)

 

 

(110,069)

Total

$

7,163,504 

 

$

13,371,931