INCOME TAXES

12 Months Ended

Mar. 31, 2021

For the years ended March 31, 2021, 2020 and 2019, the Company recorded a provision for income taxes of approximately $0.8 million, $0.8 million, and $0.6 million, respectively. The components of the consolidated provision for income taxes for fiscal 2021, 2020 and 2019 consisted of the following:


	March 31,
Current:	2021		2020		2019
Federal	$	—	$	—	$	—
State	31		185		291
Foreign	812		647		278
Total current tax provision	843		832		569
Deferred
Federal	—		—		—
State	—		—		—
Foreign	—		—		—
Total deferred tax provision	—		—		—
Income tax provision	$	843	$	832	$	569

The Company's income (loss) from continuing operations before income taxes included $15.3 million, $9.0 million, and $0.2 million of foreign subsidiary income for the years ended March 31, 2021, 2020 and 2019, respectively. The Company is permanently reinvesting the earnings of its profitable foreign subsidiaries. The Company intends to reinvest these profits in expansion of overseas operations. If the Company were to remit these earnings, the tax impact would be immaterial.

Deferred tax assets and (liabilities) were comprised of the following:


	March 31,
	2021		2020
Deferred tax assets
Net operating loss carryforwards	$	145,655	$	109,734
Research and development and other credit carryforwards	22,794		19,413
Stock-based compensation	12,669		10,343
Reserves and allowances	6,198		3,974
Lease liability	22,424		24,492
Fixed assets and intangibles	6,091		5,314
Gross deferred tax assets	215,831		173,270
Valuation allowance	(160,450)		(115,435)
Total deferred tax assets	$	55,381	$	57,835
Deferred tax liabilities
Deferred sales commissions	(27,166)		(21,608)
Convertible debt	(12,695)		(16,626)
Lease asset	(15,520)		(19,601)
Net deferred taxes	$	—	$	—

The Company assesses the realizability of deferred tax assets based on the available evidence, including a history of taxable income and estimates of future taxable income. In assessing the realizability of deferred tax assets, the Company considers whether it is more likely than not that all or some portion of deferred tax assets will not be realized. For the year ended March 31, 2021, the Company continues to maintain a full valuation allowance against its deferred tax assets as it considered the cumulative losses in recent periods to be substantial negative evidence. At March 31, 2021, management determined that a valuation allowance of approximately $160.5 million was needed compared with approximately $115.4 million as of March 31, 2020.

At March 31, 2021, the Company had federal net operating loss carryforwards related to fiscal 2019, 2020 and 2021 of approximately $433.0 million, which carryforward indefinitely, and had carry-forwards related to prior years of $137.8 million, which begin to expire in 2022. As of March 31, 2021, the Company has state net operating loss carry-forwards of $296.6 million, which expire at various dates between 2029 and 2041. In addition, at March 31, 2021, the Company had research and development credit carryforwards for federal and California tax reporting purposes of approximately $15.3 million and $16.9 million, respectively. The federal income tax credit carryforwards will expire at various dates between 2022 and 2041, while the California income tax credits will carry forward indefinitely, but are subject to an annual cap of $5 million for tax years beginning on or after January 1, 2020 and before January 1, 2023. A reconciliation of the Company's provision (benefit) for income taxes to the amounts computed using the statutory U.S. federal income tax rate is as follows:


	Years Ended March 31,
	2021		2020		2019
Tax benefit at statutory rate	$	(34,492)	$	(36,163)	$	(18,441)
State income taxes before valuation allowance, net of federal effect	(7,445)		(7,680)		(3,612)
Foreign tax rate differential	(2,206)		(1,422)		71
Research and development credits	(4,078)		(3,892)		(3,744)
Change in valuation allowance	47,225		51,741		30,558
Compensation/option differences	(5,045)		(6,584)		(7,277)
Non-deductible compensation	6,194		3,017		1,200
Other	690		1,815		1,814
Total income tax provision (benefit)	$	843	$	832	$	569

For the years ended March 31, 2021, 2020 and 2019, the statutory federal rate of 21% was used.

The Company recognizes the tax benefit from uncertain tax positions if it is more likely than not that the tax positions will be sustained on examination by the tax authorities, based on the technical merits of the position. The tax benefit is measured based on the largest benefit that has a greater than 50% likelihood of being realized upon ultimate settlement. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:


	Unrecognized Tax Benefits
	2021		2020		2019
Balance at beginning of year	$	6,115	$	5,033	$	3,980
Gross increases - tax position in prior period	—		—		17
Gross increases - tax position related to the current year	1,140		1,082		1,036
Lapse of statute of limitations	(202)		—		—
Balance at end of year	$	7,053	$	6,115	$	5,033

At March 31, 2021, the Company had unrecognized tax benefits of $7.1 million, all of which, if recognized, would favorably affect the company's effective tax rate. The Company does not expect its unrecognized tax benefits to change significantly over the next 12 months.

The Company's policy for recording interest and penalties associated with tax examinations is to record such items as a component of operating expense income before taxes. During the years ended March 31, 2021, 2020 and 2019, the Company did not recognize any interest or penalties related to unrecognized tax benefits.

Utilization of the Company's net operating loss and tax credit carryforwards can become subject to a substantial annual limitation due to the ownership change limitations provided by Section 382 of the Internal Revenue Code and similar state provisions. Such an annual limitation could result in the expiration or elimination of the net operating loss and tax credit carryforwards before utilization. The Company has performed an analysis of its changes in ownership under Section 382 of the Internal Revenue Code. The Company currently believes that the Section 382 limitation will not limit utilization of the carryforwards prior to their expiration, with the exception of certain acquired loss and tax credit carryforwards.

The Company files U.S. federal and state income tax returns in jurisdictions with varying statutes of limitations. Due to the Company’s net operating loss and tax credit carryforwards, the fiscal years 2002 and forward generally remain subject to examination by federal and most state tax authorities.

- Definition

The entire disclosure for income taxes. Disclosures may include net deferred tax liability or asset recognized in an enterprise's statement of financial position, net change during the year in the total valuation allowance, approximate tax effect of each type of temporary difference and carryforward that gives rise to a significant portion of deferred tax liabilities and deferred tax assets, utilization of a tax carryback, and tax uncertainties information.

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