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Income Taxes
12 Months Ended
Jun. 30, 2016
Income Tax Disclosure [Abstract]  
Income Taxes

9. Income Taxes

Income before income taxes is as follows (in thousands):

 

 

 

Year Ended

 

 

 

June 30,

 

 

June 30,

 

 

June 30,

 

 

 

2016

 

 

2015

 

 

2014

 

Domestic

 

$

(31,700

)

 

$

(72,176

)

 

$

(70,321

)

Foreign

 

 

4,152

 

 

 

5,340

 

 

 

17,200

 

Total

 

$

(27,548

)

 

$

(66,836

)

 

$

(53,121

)

 

The provision for income taxes for fiscal years 2016, 2015 and 2014 consisted of the following (in thousands):

 

 

 

Year Ended

 

 

 

June 30,

 

 

June 30,

 

 

June 30,

 

 

 

2016

 

 

2015

 

 

2014

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

727

 

 

$

476

 

 

$

22

 

State

 

 

75

 

 

 

13

 

 

 

329

 

Foreign

 

 

1,793

 

 

 

2,447

 

 

 

2,987

 

Total current

 

 

2,595

 

 

 

2,936

 

 

 

3,338

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

1,659

 

 

 

1,507

 

 

 

1,632

 

State

 

 

108

 

 

 

103

 

 

 

76

 

Foreign

 

 

(26

)

 

 

261

 

 

 

(857

)

Total deferred

 

 

1,741

 

 

 

1,871

 

 

 

851

 

Provision for income taxes

 

$

4,336

 

 

$

4,807

 

 

$

4,189

 

 

The difference between the provision for income taxes and the amount computed by applying the federal statutory income tax rate (35 percent) to income before taxes is explained below (in thousands):

 

 

 

Year Ended

 

 

 

June 30,

 

 

June 30,

 

 

June 30,

 

 

 

2016

 

 

2015

 

 

2014

 

Tax at federal statutory rate

 

$

(9,642

)

 

$

(23,392

)

 

$

(18,592

)

State income tax, net of federal benefit

 

 

75

 

 

 

13

 

 

 

329

 

Change in valuation allowance

 

 

7,898

 

 

 

24,408

 

 

 

22,565

 

Research and development credits

 

 

(1,364

)

 

 

(303

)

 

 

(1,836

)

Foreign earnings taxed at other than U.S. rates

 

 

1,678

 

 

 

(1,113

)

 

 

(346

)

Stock based compensation

 

 

3,564

 

 

 

2,298

 

 

 

348

 

Goodwill amortization

 

 

1,672

 

 

 

1,690

 

 

 

1,097

 

Other

 

 

455

 

 

 

1,206

 

 

 

624

 

Provision for income taxes

 

$

4,336

 

 

$

4,807

 

 

$

4,189

 

 

Significant components of the Company’s deferred tax assets are as follows (in thousands):

 

 

 

June 30,

 

 

June 30,

 

 

June 30,

 

 

 

2016

 

 

2015

 

 

2014

 

Deferred tax assets:

 

 

 

 

 

 

 

 

 

 

 

 

Net operating loss carry-forwards

 

$

108,563

 

 

$

114,151

 

 

$

97,630

 

Tax credit carry-forwards

 

 

32,730

 

 

 

30,824

 

 

 

30,019

 

Depreciation

 

 

 

 

 

 

 

 

129

 

Intangible amortization

 

 

28,480

 

 

 

17,978

 

 

 

6,061

 

Deferred revenue (net)

 

 

7,955

 

 

 

7,811

 

 

 

10,540

 

Warrant amortization

 

 

 

 

 

1,355

 

 

 

2,723

 

Inventory write-downs

 

 

6,207

 

 

 

6,048

 

 

 

3,265

 

Other allowances and accruals

 

 

10,568

 

 

 

8,645

 

 

 

6,380

 

Stock based compensation

 

 

4,048

 

 

 

6,783

 

 

 

6,257

 

Other

 

 

4,275

 

 

 

5,902

 

 

 

10,772

 

Total deferred tax assets

 

 

202,826

 

 

 

199,497

 

 

 

173,776

 

Valuation allowance

 

 

(201,405

)

 

 

(197,576

)

 

 

(172,475

)

Total net deferred tax assets

 

 

1,421

 

 

 

1,921

 

 

 

1,301

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

 

 

 

 

Depreciation

 

 

(343

)

 

 

(707

)

 

 

 

Goodwill amortization

 

 

(4,459

)

 

 

(2,787

)

 

 

(1,097

)

Foreign exchange gain

 

 

 

 

 

 

 

 

(2,670

)

Deferred tax liability on foreign withholdings

 

 

(235

)

 

 

(194

)

 

 

(167

)

Total deferred tax liabilities

 

 

(5,037

)

 

 

(3,688

)

 

 

(3,934

)

Net deferred tax assets (liabilities)

 

$

(3,616

)

 

$

(1,767

)

 

$

(2,633

)

Recorded as:

 

 

 

 

 

 

 

 

 

 

 

 

Net current deferred tax assets

 

$

 

 

$

760

 

 

$

1,058

 

Net non-current deferred tax assets

 

 

1,077

 

 

 

452

 

 

 

230

 

Net current deferred tax liabilities

 

 

 

 

 

 

 

 

(2,657

)

Net non-current deferred tax liabilities

 

 

(4,693

)

 

 

(2,979

)

 

 

(1,264

)

Net deferred tax assets (liabilities)

 

$

(3,616

)

 

$

(1,767

)

 

$

(2,633

)

 

The Company's global valuation allowance increased by $3.8 million in the fiscal year ended June 30, 2016 and $25.1 million in the fiscal year ended June 30, 2015. The Company has provided a full valuation allowance against all of its U.S. federal and state deferred tax assets, as well as valuation allowances against non-U.S. deferred tax assets in Australia, Brazil, Japan and Singapore.  The valuation allowance is determined by assessing both negative and positive available evidence to assess whether it is more likely than not that the deferred tax assets will be recoverable. The Company's inconsistent earnings in recent periods, including a cumulative loss over the last three years, coupled with its difficulty in forecasting future revenue trends as well as the cyclical nature of the Company's business provides sufficient negative evidence to require a full valuation allowance against its U.S. federal and state net deferred tax assets. The valuation allowance is evaluated periodically and can be reversed partially or in full if business results and the economic environment have sufficiently improved to support realization of the Company's deferred tax assets.

 

On December 18, 2015 President Barack Obama signed H.R. 2029, the Protecting Americans from Tax Hikes (“PATH”) Act of 2015, which makes the Section 41 research credit, which expired on December 31, 2014, a permanent provision of the Internal Revenue Code.  The law extends the research credit permanently and retroactively to January 1, 2015.  This change has been reflected in our tax credit carryforwards with an offsetting adjustment to our US valuation allowance.

As of June 30, 2016, the Company had net operating loss carry-forwards for U.S. federal and state tax purposes of $322.7 million and $138.3 million, respectively, of which $38.6 million and $36.0 million, respectively, represent deductions from share-based compensation for which a benefit would be recorded in additional paid-in capital when realized. As of June 30, 2016, the Company also had foreign net operating loss carry-forwards in Ireland, Australia and Japan of $41.4 million, $9.4 million and $0.4 million, respectively.  As of June 30, 2016, the Company also had federal and state tax credit carry-forwards of $22.1 million and $16.2 million, respectively. These credit carry-forwards consist of research and development tax credits as well as foreign tax credits with a small portion representing Alternative Minimum Tax Credits.  The U.S. federal net operating loss carry-forwards of $322.7 million will begin to expire in the fiscal year ending June 30, 2021 and state net operating losses of $138.3 million began to partially expire in the fiscal year ending June 30, 2016. The foreign net operating losses can generally be carried forward indefinitely.  Federal research and development tax credits of $14.2 million will expire beginning in fiscal 2019, if not utilized and foreign tax credits of $7.5 million will expire beginning in fiscal 2020.  North Carolina state research and development tax credits of $0.9 million will expire beginning in the fiscal year ending June 30, 2023, if not utilized. California state research and development tax credits of $15.3 million do not expire and can be carried forward indefinitely.

As of January 2016, the Company performed an Internal Revenue Code section 382 analysis with respect to its net operating loss and credit carry-forwards to determine whether a potential ownership change had occurred that would place a limitation on the annual utilization of tax attributes. It was determined that no ownership change had occurred during the fiscal year ended June 30, 2016, however, it is possible a subsequent ownership change could limit the utilization of the Company's tax attributes.

As of June 30, 2016, the Company intends to indefinitely reinvest the earnings of approximately $10.3 million of certain foreign corporations. The unrecognized deferred tax liability associated with these earnings is approximately $0.3 million.

The Company conducts business globally and as a result, most of its subsidiaries file income tax returns in various domestic and foreign jurisdictions.  In the normal course of business the Company is subject to examination by taxing authorities throughout the world.  Its major tax jurisdictions are the U.S., Ireland, Brazil, India, California, New Hampshire and North Carolina.  The Company is not currently under examination by any federal, state or foreign tax authority with respect to income taxes.  The Company recently settled an income tax examination of one of its subsidiaries with the Malaysian tax authorities for the 2012, 2013 and 2014 years of assessment resulting in a minimal amount of tax due.  The tax reserves were adjusted appropriately to reflect this settlement.

In general, the Company's U.S. federal income tax returns are subject to examination by tax authorities for fiscal years 2001 forward due to net operating losses and the Company's state income tax returns are subject to examination for fiscal years 2000 forward due to net operating losses.

During the fiscal year ended June 30, 2014, the Company acquired the stock of Enterasys Networks, Inc. and as such they became a wholly owned subsidiary of Extreme Networks.  With respect to this acquisition, the Company made an election under Internal Revenue Code section 338(h)(10) to treat the acquisition as an asset purchase from a tax perspective.  Under this election the tax basis of all assets is effectively reset to that of fair market value and therefore the transaction did not result in the recording of an opening net deferred tax position as the Company's tax basis in the acquired assets equaled its book basis.

As of June 30, 2016, the Company had $11.7 million of unrecognized tax benefits.  If fully recognized in the future, there would be no impact to the effective tax rate, and $11.7 million would result in adjustments to deferred tax assets and corresponding adjustments to the valuation allowance.  The Company does not reasonably expect the amount of unrealized tax benefits to decrease during the next twelve months.

A reconciliation of the beginning and ending amount of total unrecognized tax benefits is as follows (in thousands):

 

Balance at June 30, 2013

 

$

10,898

 

Decrease related to prior year tax positions

 

 

 

Increase related to prior year tax positions

 

 

415

 

Increase related to current year tax positions

 

 

464

 

Lapse of statute of limitations

 

 

(177

)

Balance at June 30, 2014

 

$

11,600

 

Decrease related to prior year tax positions

 

 

(225

)

Increase related to prior year tax positions

 

 

288

 

Increase related to current year tax positions

 

 

254

 

Lapse of statute of limitations

 

 

(158

)

Settlements with tax authorities

 

 

(400

)

Balance at June 30, 2015

 

$

11,359

 

Increase related to prior year tax positions

 

 

174

 

Increase related to current year tax positions

 

 

120

 

Balance at June 30, 2016

 

$

11,653

 

 

Estimated interest and penalties related to the underpayment of income taxes are classified as a component of tax expense in the consolidated statement of operations and totaled less than $0.1 million for each of the fiscal years 2016, 2015 and 2014.