Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.0.8
Income Taxes
12 Months Ended
Sep. 30, 2014
Income Taxes [Abstract]  
Income Taxes

Note 6.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 assets and liabilities, and for net operating loss and tax credit carryforwards.

 

The Company completes a detailed analysis of its deferred income tax valuation allowance on an annual basis or more frequently if information comes to our attention that would indicate that a revision to its 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 and forecast of future taxable income.  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.

 

Although management uses the best information available, it is reasonably possible that the estimates used by the Company will be materially different from the actual results. These differences could have a material effect on the Company's future results of operations and financial condition.

 

Income before income taxes for the years ended September 30, 2014, 2013 and 2012, was taxed by the following jurisdictions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

2014

 

2013

 

2012

Domestic

$

2,837,835 

 

$

7,461,329 

 

$

6,290,684 

Foreign

 

1,119,356 

 

 

2,472,525 

 

 

4,501,339 

Total

$

3,957,191 

 

$

9,933,854 

 

$

10,792,023 

 

A reconciliation of income tax expense (benefit) and the amount computed by applying the statutory Federal income tax rate to income before income taxes for the years ended September 30, 2014, 2013 and 2012 is as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2014

 

2013

 

2012

Income tax expense at statutory rates

$

1,345,000 

 

$

3,378,000 

 

$

3,669,000 

State income tax, net of federal benefits

 

248,000 

 

 

623,000 

 

 

677,000 

Non-deductible expenses

 

(5,000)

 

 

129,000 

 

 

5,000 

Effect of AMT expense

 

32,207 

 

 

116,644 

 

 

41,000 

Effect of lower foreign income tax rates

 

(175,632)

 

 

(395,441)

 

 

(688,093)

Effect of change in U.K. tax rate

 

 —

 

 

(159,000)

 

 

(72,000)

Effect of pioneer tax status - Malaysia

 

 —

 

 

 —

 

 

(233,000)

Effect of reinvestment allowance - Malaysia

 

(9,000)

 

 

(75,000)

 

 

 —

Effect of share-based compensation

 

(368,000)

 

 

(110,000)

 

 

(2,263,000)

Other

 

24,555 

 

 

 —

 

 

 —

Increase (decrease) in valuation allowance

 

432,000 

 

 

(7,915,947)

 

 

(5,643,205)

Income tax expense (benefit)

$

1,524,130 

 

$

(4,408,744)

 

$

(4,507,298)

 

As of September 30, 2014, the Company had federal and state net operating loss carryforwards of approximately $17,269,000 and $17,020,000, respectively, for income tax purposes expiring in years 2018 to 2027.  The Company's U.K. subsidiary, The Female Health Company - UK, plc has U.K. net operating loss carryforwards of approximately $62,870,000 as of September 30, 2014, which can be carried forward indefinitely to be used to offset future U.K. taxable income.

 

The Female Health Company (M) SDN BHD, had been granted Pioneer Status in Malaysia. The Pioneer Status is a tax incentive program that permanently exempts a portion of the entity’s income from tax.  In fiscal year 2012, the Pioneer Status exempted approximately $932,000 of the entity’s income from tax, resulting in a tax savings of nearly $233,000. The impact on net income per basic and fully diluted common share outstanding resulting from the tax savings is an increase of $.01 in fiscal year 2012.  The Pioneer Status tax exemption expired at September 30, 2012.

 

The federal and state income tax expense (benefit) for the years ended September 30, 2014, 2013 and 2012 is summarized below:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2014

 

2013

 

2012

Deferred – U.S.

$

561,000 

 

$

(12,000)

 

$

(1,399,000)

Deferred – U.K.

 

496,000 

 

 

(5,288,000)

 

 

(3,501,000)

Deferred – Malaysia

 

(44,666)

 

 

40,935 

 

 

6,067 

Subtotal

 

1,012,334 

 

 

(5,259,065)

 

 

(4,893,933)

Current – U.S.

 

219,000 

 

 

625,606 

 

 

293,123 

Current – Malaysia

 

292,796 

 

 

221,625 

 

 

93,512 

Current - U.K.

 

 —

 

 

3,090 

 

 

 —

Subtotal

 

511,796 

 

 

850,321 

 

 

386,635 

Income tax expense (benefit)

$

1,524,130 

 

$

(4,408,744)

 

$

(4,507,298)

 

Significant components of the Company's deferred tax assets and liabilities are as follows at September 30, 2014 and 2013:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deferred Tax Assets

2014

 

2013

Federal net operating loss carryforwards

$

5,871,000 

 

$

6,516,000 

State net operating loss carryforwards

 

1,067,000 

 

 

1,080,000 

AMT credit carryforward

 

301,000 

 

 

269,000 

Foreign net operating loss carryforwards – U.K.

 

12,574,000 

 

 

12,653,000 

Foreign capital allowance – U.K.

 

110,000 

 

 

95,000 

Accrued expenses

 

 —

 

 

90,000 

Other, net - Malaysia

 

30,153 

 

 

23,018 

Other, net - U.S.

 

211,000 

 

 

44,000 

Gross deferred tax assets

 

20,164,153 

 

 

20,770,018 

Valuation allowance for deferred tax assets

 

(2,591,000)

 

 

(2,147,000)

Net deferred tax assets

 

17,573,153 

 

 

18,623,018 

Deferred Tax Liabilities:

 

 

 

 

 

Foreign capital allowance – Malaysia

 

(220,666)

 

 

(258,197)

Net deferred tax assets

$

17,352,487 

 

$

18,364,821 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2014

 

2013

Current assets – U.S.

$

711,000 

 

$

2,074,000 

Current assets – U.K.

 

 —

 

 

478,000 

Total current assets

 

711,000 

 

 

2,552,000 

Long-term assets – U.S.

 

6,739,000 

 

 

5,937,000 

Long-term assets – U.K

 

10,093,000 

 

 

10,111,000 

Total long-term assets

 

16,832,000 

 

 

16,048,000 

Long-term liability – Malaysia

 

(190,513)

 

 

(235,179)

   

$

17,352,487 

 

$

18,364,821 

 

The change in the valuation allowance for deferred tax assets for the years ended September 30 is as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Balance at

 

Charged to Costs

 

 

 

 

Balance at

Year

October 1

 

and Expenses

 

Deductions/Other

 

September 30

2012

$

22,045,000 

 

$

(4,900,000)

 

$

(4,545,000)

 

$

12,600,000 

2013

$

12,600,000 

 

$

(5,300,000)

 

$

(5,153,000)

 

$

2,147,000 

2014

$

2,147,000 

 

$

432,000 

 

$

12,000 

 

$

2,591,000 

 

The valuation allowance increased by $444,000 and decreased by $10,453,000 and $9,445,000 for the years ended September 30, 2014, 2013 and 2012, respectively. Under the Internal Revenue Code, certain ownership changes, including the prior issuance of preferred stock, the public offering of common stock and the exercise of common stock warrants and options may subject the Company to annual limitations on the utilization of its net operating loss carryforward.   Under the Inland Revenue statutes, certain triggering events may subject the Company to limitations on the utilization of its net operating loss carryforward in the U.K. As of September 30, 2014, management does not believe any limitations have occurred.

 

ASC Topic 740 prescribes a recognition threshold and measurement attribute for the financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. ASC Topic 740 developed a two-step process to evaluate a tax position and also provides guidance on de-recognition, classification, interest and penalties, accounting in interim periods, disclosure, and transition. The Company has not recorded a reserve for any tax positions for which the ultimate deductibility is highly certain but for which there is uncertainty about the timing of such deductibility.  The Company files tax returns in all appropriate jurisdictions, including foreign, U.S. Federal and Illinois and Virginia State tax returns:

 

·

For the U.S., a tax return may be audited any time within 3 years from filing date.  The U.S. open tax years are for fiscal years 2011 through 2013, which expire in years 2015 through 2017, respectively.

 

·

For Malaysia, a tax return may be audited any time within 6 years from filing date.  The Malaysia open tax years are for 2008 through 2013, which expire in years 2016 through 2020.

 

·

For the U.K., a tax return may be audited within 1 year from the later of: the filing date or the filing deadline (1 year after the end of the accounting period).   The U.K. open tax year is for 2013, which expires in 2015.

 

The fiscal year 2014 tax returns for each jurisdiction has not been filed as of the date of this filing.  As of September 30, 2014 and 2013, the Company has no recorded liability for unrecognized tax benefits.

 

The Company recognizes interest and penalties related to uncertain tax positions as income tax expense as incurred.  No expense for interest and penalties was recognized for the years ended September 30, 2014, 2013 and 2012.