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Income Taxes
12 Months Ended
Jul. 31, 2016
Income Taxes [Abstract]  
Income Taxes

Note 15—Income Taxes

 

The components of income before income taxes are as follows:

 

Year ended July 31 
(in thousands)
  2016     2015     2014  
Domestic   $ 11,278     $ 7,538     $ 21,624  
Foreign     18,190       84,665       3,368  
INCOME BEFORE INCOME TAXES   $ 29,468     $ 92,203     $ 24,992  

 

Significant components of the Company’s deferred income tax assets consist of the following:

 

July 31 
(in thousands)
  2016     2015  
Deferred income tax assets:                
Bad debt reserve   $ 575     $ 550  
Accrued expenses     5,327       4,629  
Stock options and restricted stock     1,802       1,030  
Charitable contributions     1,527       1,277  
Impairment     25,746       25,746  
Depreciation     6,785       7,232  
Unrealized gain     193       138  
Net operating loss     122,849       125,223  
Credits     3,192       2,892  
Total deferred income tax assets     167,996       168,717  
Valuation allowance     (158,442 )     (155,393 )
Deferred tax assets, net of valuation allowance     9,554       13,324  
Deferred income tax liabilities:                
Unrealized loss     42        
NET DEFERRED INCOME TAX ASSETS   $ 9,512     $ 13,324  

 

The provision for income taxes consists of the following:

 

Year ended July 31 
(in thousands)
  2016     2015     2014  
Current:                        
Federal   $ (83 )   $     $ (279 )
State and local     (30 )            
Foreign     (185 )     (311 )     (1,177 )
      (298 )     (311 )     (1,456 )
Deferred:                        
Federal     (3,148 )     (1,967 )     (6,461 )
State and local     (51 )     (245 )     (175 )
Foreign     (613 )     (3,565 )     4,110  
      (3,812 )     (5,777 )     (2,526 )
PROVISION FOR INCOME TAXES   $ (4,110 )   $ (6,088 )   $ (3,982 )

 

In fiscal 2014, the Company determined that its valuation allowance on the losses of IDT Global, a U.K. subsidiary, were no longer required due to an internal reorganization that generated income and a projection that the income would continue. The Company recorded a benefit from income taxes of $4.1 million in fiscal 2014 from the full recognition of the IDT Global deferred tax assets.

 

The differences between income taxes expected at the U.S. federal statutory income tax rate and income taxes provided are as follows:

 

Year ended July 31 
(in thousands)
  2016     2015     2014  
U.S. federal income tax at statutory rate   $ (10,314 )   $ (32,271 )   $ (8,747 )
Valuation allowance                 4,110  
Foreign tax rate differential     6,035       25,757       961  
Nondeductible expenses     487       659       761  
Other     (67 )     (73 )     7  
Prior year tax (expense) benefit     (231 )           (960 )
State and local income tax, net of federal benefit     (20 )     (160 )     (114 )
PROVISION FOR INCOME TAXES   $ (4,110 )   $ (6,088 )   $ (3,982 )

 

 

At July 31, 2016, the Company had federal and state net operating loss carryforwards of approximately $175 million. This carry-forward loss is available to offset future U.S. federal and state taxable income. The net operating loss carryforwards will start to expire in fiscal 2017, with fiscal 2016’s loss expiring in fiscal 2037. The Company has foreign net operating losses of approximately $183 million, of which approximately $114 million does not expire and approximately $69 million expires in two to nine years. These foreign net operating losses are available to offset future taxable income in the countries in which the losses were incurred. The Company’s subsidiary, Net2Phone, which provides voice over Internet protocol communications services, has additional federal net operating losses of approximately $77 million, which will expire through fiscal 2027. With the reacquisition of Net2Phone by the Company in March 2006, its losses were limited under Internal Revenue Code Section 382 to approximately $7 million per year. The net operating losses do not include any excess benefits related to stock options or restricted stock.

 

The Company has not recorded U.S. income tax expense for foreign earnings, since such earnings are permanently reinvested outside the United States. The cumulative undistributed foreign earnings are included in accumulated deficit in the Company’s consolidated balance sheets, and consisted of approximately $324 million at July 31, 2016. Upon distribution of these foreign earnings to the Company’s domestic entities, the Company may be subject to U.S. income taxes and withholding of foreign taxes, however, it is not practicable to determine the amount, if any, which would be paid.

 

The change in the valuation allowance is as follows:

 

Year ended July 31 
(in thousands)
  Balance at
beginning of
year
    Additions
charged to
costs and
expenses
    Deductions     Balance at
end of year
 
2016                        
Reserves deducted from deferred income taxes, net:                        
Valuation allowance   $ 155,393     $ 3,049     $     $ 158,442  
2015                                
Reserves deducted from deferred income taxes, net:                                
Valuation allowance   $ 151,975     $ 3,418     $     $ 155,393  
2014                                
Reserves deducted from deferred income taxes, net:                                
Valuation allowance   $ 167,328     $     $ (15,353 )   $ 151,975  

 

The table below summarizes the change in the balance of unrecognized income tax benefits:

 

Year ended July 31 
(in thousands)
  2016     2015     2014  
Balance at beginning of year   $     $     $ 356  
Additions based on tax positions related to the current year                  
Additions for tax positions of prior years                  
Reductions for tax positions of prior years                  
Settlements                 (356 )
Lapses of statutes of limitations                  
Balance at end of year   $     $     $  

 

At July 31, 2016, the Company did not have any unrecognized income tax benefits and did not expect any changes in the next twelve months. If the Company recognized any unrecognized income tax benefits, it would affect the effective tax rate. In fiscal 2016, fiscal 2015 and fiscal 2014, the Company did not record any interest and penalties on income taxes. As of July 31, 2016 and 2015, there was no accrued interest included in current income taxes payable.

 

In August 2016, the Company and the New Jersey Economic Development Authority entered into an incentive agreement pursuant to which the Company may receive corporation business tax credits in exchange for investment in a qualified business facility and employment of the required number of full-time employees. The corporation business tax credits to be received are a maximum of $24.3 million. The Company is required to invest $5.3 million in its building located at 520 Broad Street, Newark, New Jersey, as well as retain 528 full-time jobs and create 40 new full-time jobs in New Jersey. The Company may claim a tax credit each tax year for ten years beginning when the Economic Development Authority accepts the Company’s project completion certification. The Company must submit the project completion certification on or before December 9, 2016. The tax credit can be applied to 100% of the Company’s New Jersey tax liability each year, and the unused amount of the annual credit can be carried forward. In addition, the Company may apply for a tax credit transfer certificate to sell unused tax credits to another business. The tax credits must be sold for no less than 75% of the value of the tax credits. The tax credits are subject to reduction, forfeiture and recapture if, among other things, the number of full-time employees declines below the program or statewide minimum.

 

The Company currently remains subject to examinations of its tax returns as follows: U.S. federal tax returns for fiscal 2013 to fiscal 2016, state and local tax returns generally for fiscal 2012 to fiscal 2016 and foreign tax returns generally for fiscal 2012 to fiscal 2016.