Quarterly report pursuant to Section 13 or 15(d)

Income Taxes

v3.19.3.a.u2
Income Taxes
3 Months Ended
Dec. 31, 2019
Income Taxes [Abstract]  
Income Taxes

Note 13 – 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The Tax Cuts and Jobs Act of 2017 (the “Tax Act”) repealed the alternative minimum tax (“AMT”) for corporations. The law provides that AMT carryovers can be utilized to reduce or eliminate the tax liability in subsequent years or to obtain a tax refund. For tax years beginning in 2018, 2019 and 2020, to the extent the AMT credit carryovers exceed regular tax liability, 50% of the excess AMT credit carryovers will be refundable. Any remaining credits will be fully refundable in 2021. At December 31, 2019, the Company has $0.5 million of AMT credit carryovers in prepaid expenses and other current assets and other assets due to the expectation that the AMT credits will be refundable over the next several years.



As of September 30, 2019, the Company had U.S. federal and state net operating loss carryforwards of $42.7 million and $25.4 million, respectively, for income tax purposes with $14.4 million and $20.5 million, respectively, expiring in years 2022 to 2038 and $28.3 million and $4.9 million, respectively, which can be carried forward indefinitely. The Company’s U.K. subsidiary has U.K. net operating loss carryforwards of $61.7 million as of September 30, 2019, which can be carried forward indefinitely to be used to offset future U.K. taxable income.



A reconciliation of income tax (benefit) expense and the amount computed by applying the statutory federal income tax rate of 21% to income before income taxes is as follows:



 

 

 

 

 



Three Months Ended



December 31,



2019

 

2018



 

 

 

 

 

Income tax benefit at U.S. federal statutory rates

$

(710,188)

 

$

(431,823)

State income tax benefit, net of federal benefits

 

(55,000)

 

 

(102,342)

Effect of foreign income tax rates

 

42,554 

 

 

(8,357)

Effect of deemed dividend and repatriation tax

 

50,451 

 

 

31,309 

Change in valuation allowance

 

592,710 

 

 

623,130 

Other, net

 

2,730 

 

 

(19,419)

Income tax (benefit) expense

$

(76,743)

 

$

92,498 



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





 

 

 

 

 



December 31,

 

September 30,



2019

 

2019

Deferred tax assets:

 

 

 

 

 

Federal net operating loss carryforwards

$

9,178,717 

 

$

8,971,569 

State net operating loss carryforwards

 

1,708,787 

 

 

1,689,536 

Foreign net operating loss carryforwards – U.K.

 

10,576,169 

 

 

10,486,476 

Foreign capital allowance – U.K.

 

103,400 

 

 

103,400 

Share-based compensation

 

928,679 

 

 

804,378 

Interest expense

 

259,917 

 

 

 —

Other, net – U.K.

 

50,780 

 

 

50,781 

Other, net – U.S.

 

461,879 

 

 

434,764 

Gross deferred tax assets

 

23,268,328 

 

 

22,540,904 

Valuation allowance for deferred tax assets

 

(10,422,919)

 

 

(9,830,209)

Net deferred tax assets

 

12,845,409 

 

 

12,710,695 

Deferred tax liabilities:

 

 

 

 

 

In-process research and development

 

(4,072,740)

 

 

(4,072,740)

Developed technology

 

(410,802)

 

 

(424,657)

Covenant not-to-compete

 

(61,953)

 

 

(65,993)

Other, net – Malaysia

 

(3,865)

 

 

(3,865)

Other, net – U.S.

 

(6,375)

 

 

(6,376)

Net deferred tax liabilities

 

(4,555,735)

 

 

(4,573,631)

Net deferred tax asset

$

8,289,674 

 

$

8,137,064 



The deferred tax amounts have been classified on the accompanying unaudited condensed consolidated balance sheets as follows:







 

 

 

 

 



December 31,

 

September 30,



2019

 

2019



 

 

 

 

 

Deferred tax asset – U.K.

$

8,586,279 

 

$

8,433,669 

Total deferred tax asset

$

8,586,279 

 

$

8,433,669 



 

 

 

 

 

Deferred tax liability – U.S.

 

(292,740)

 

 

(292,740)

Deferred tax liability – Malaysia

 

(3,865)

 

 

(3,865)

Total deferred tax liability

$

(296,605)

 

$

(296,605)