15. Income Taxes

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

	Year Ended
	June 30,			June 30,			June 30,
	2018			2017			2016
				(As adjusted)			(As adjusted)
Domestic	$	(55,197	)	$	(7,228	)	$	(34,271	)
Foreign		8,550			9,824			2,244
Total	$	(46,647	)	$	2,596		$	(32,027	)

The provision for income taxes for fiscal years 2018, 2017 and 2016 consisted of the following (in thousands):

	Year Ended
	June 30,			June 30,			June 30,
	2018			2017			2016
Current:
Federal	$	(155	)	$	(155	)	$	727
State		521			168			75
Foreign		4,456			2,332			1,793
Total current		4,822			2,345			2,595
Deferred:
Federal		(6,358	)		3,063			1,659
State		294			99			108
Foreign		1,387			(1,167	)		(26	)
Total deferred		(4,677	)		1,995			1,741
Provision for income taxes	$	145		$	4,340		$	4,336

The difference between the provision for income taxes and the amount computed by applying the federal statutory income tax rate (28 percent for fiscal 2018 pursuant to the recently enacted U.S. tax legislation) to income before taxes is explained below (in thousands):

	Year Ended
	June 30,			June 30,			June 30,
	2018			2017			2016
				(As adjusted)			(As adjusted)
Tax at federal statutory rate	$	(13,061	)	$	909		$	(11,209	)
State income tax, net of federal benefit		521			168			75
Change in valuation allowance		25,302			3,246			9,465
Research and development credits		(7,311	)		(1,355	)		(1,364	)
Foreign earnings taxed at other than U.S. rates		(1,065	)		(492	)		1,678
Stock based compensation		(5,901	)		(573	)		3,564
Goodwill amortization		2,004			1,795			1,672
Nondeductible officer compensation		1,927			470			77
Nondeductible meals and entertainment		510			391			289
AMT credit monetization		(155	)		(155	)		—
Deferred tax liability release - Tax reform		(2,482	)		—			—
Other		(144	)		(64	)		89
Provision for income taxes	$	145		$	4,340		$	4,336

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

	June 30,
	2018			2017			2016
				(As adjusted)			(As adjusted)
Deferred tax assets:
Net operating loss carry-forwards	$	49,429		$	109,170		$	108,563
Tax credit carry-forwards		48,093			34,444			32,730
Depreciation		1,422			1,312			—
Intangible amortization		35,107			32,919			28,480
Deferred revenue, net		159			3,320			3,190
Inventory write-downs		13,682			11,111			6,207
Other allowances and accruals		25,700			13,002			10,568
Stock based compensation		4,872			3,545			4,048
Other		2,185			4,270			4,275
Total deferred tax assets		180,649			213,093			198,061
Valuation allowance		(177,869	)		(212,111	)		(196,640	)
Total net deferred tax assets		2,780			982			1,421
Deferred tax liabilities:
Depreciation		—			—			(343	)
Goodwill amortization		(3,363	)		(6,254	)		(4,459	)
Deferred tax liability on foreign withholdings		(357	)		(321	)		(235	)
Total deferred tax liabilities		(3,720	)		(6,575	)		(5,037	)
Net deferred tax liabilities	$	(940	)	$	(5,593	)	$	(3,616	)
Recorded as:
Net non-current deferred tax assets	$	5,195		$	983		$	1,077
Net non-current deferred tax liabilities		(6,135	)		(6,576	)		(4,693	)
Net deferred tax liabilities	$	(940	)	$	(5,593	)	$	(3,616	)

The Company’s global valuation allowance decreased by $34.2 million in the fiscal year ended June 30, 2018 and increased by $15.5 million in the fiscal year ended June 30, 2017. 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 and Brazil. 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.

As of June 30, 2018, the Company had net operating loss carry-forwards for U.S. federal and state tax purposes of $185.6 million and $54.4 million, respectively. As of June 30, 2018, the Company also had foreign net operating loss carry-forwards in Ireland, Australia and Brazil of $37.5 million, $9.0 million and $0.7 million, respectively. As of June 30, 2018, the Company also had federal and state tax credit carry-forwards of $33.2 million and $18.8 million, respectively. These credit carry-forwards consist of research and development tax credits as well as foreign tax credits. The U.S. federal net operating loss carry-forwards of $185.6 million will begin to expire in the fiscal year ending June 30, 2021 and state net operating losses of $54.4 million began to partially expire in the fiscal year ending June 30, 2018. The foreign net operating losses can generally be carried forward indefinitely. Federal research and development tax credits of $22.6 million will expire beginning in fiscal 2019, if not utilized and foreign tax credits of $10.6 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, 2024, if not utilized. California state research and development tax credits of $17.9 million do not expire and can be carried forward indefinitely.

In September, 2017, 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, 2017, however, it is possible a subsequent ownership change could limit the utilization of the Company's tax attributes.

As of June 30, 2018, cumulative undistributed, indefinitely reinvested earnings of non-U.S. subsidiaries totaled $14.1 million. It has been the Company’s historical policy to invest the earnings of certain foreign subsidiaries indefinitely outside the US. As discussed below, recently enacted tax reform includes a provision to move the U.S. to a modified territorial tax system by imposing a transition tax on historic foreign earnings whether or not such earnings are repatriated to the U.S. The Company has determined there will be no cash tax impact of this new provision due to existing tax attributes. The Company is reviewing its prior position on the reinvestment of earnings of certain foreign subsidiaries but has recorded a deferred tax liability of $0.4 million related to withholding taxes that may be incurred upon repatriation of earnings from jurisdictions where no indefinite reinvestment assertion is made. The Company continues to maintain an indefinite reinvestment assertion for earnings in certain of its foreign jurisdictions. The unrecorded deferred tax liability for potential withholding tax associated with repatriation of these earnings is $2.7 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, India, California, New Hampshire and North Carolina. As of June 30, 2017, the Company is currently under examination by the state of North Carolina for the fiscal years ended 2014, 2015 and 2016. 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.

On December 22, 2017, the President of the United States signed and enacted into law H.R. 1, the Tax Cuts and Jobs Act (“TCJA”), which, except for certain provisions, is effective for tax years beginning on or after January 1, 2018. As a fiscal year taxpayer, the Company will not be subject to the majority of the tax law provisions until fiscal year 2019; however, there are certain significant items of impact that will be recognized in fiscal year 2018. Because a change in tax law is accounted for in the period of enactment, the effects of the TCJA, a tax benefit of $2.5 million, was reflected in the full year results for fiscal 2018.

The TCJA’s primary change is a reduction in the U.S. Federal statutory corporate tax rate from 35% to 21%, including a pro rata reduction from 35% to 28% for the Company in fiscal 2018. As a result, the Company recognized a tax benefit in the amount of $2.5 million in the second quarter of fiscal 2018 due to the revaluation of the Company's deferred tax liability related to amortizable goodwill to reflect the lower statutory rate. Because the U.S. deferred tax assets are offset by a full valuation allowance, the reduction in deferred tax assets for the lower rate was fully offset by a corresponding reduction in valuation allowance resulting in no additional tax provision.

The TCJA moves the U.S. from a global taxation regime to a modified territorial regime. Under the territorial regime, the company’s foreign earnings will generally not be subject to tax in the US. As part of transitioning to this new regime, U.S. companies are required to pay tax on historical earnings generated offshore that have not been repatriated to the U.S. (“Transition Tax”). The Company has estimated there will be no incremental tax provision relating to the Transition Tax given the Company’s ability to utilize existing tax attributes to offset the impact of the deemed repatriation.

The TCJA makes broad and complex changes to the U.S. tax code, and in certain instances, lacks clarity and is subject to interpretation until additional U.S. Treasury guidance is issued. On December 22, 2017, the SEC issued guidance under Staff Accounting Bulletin No. 118, Income Tax Accounting Implications of the Tax Cuts and Jobs Act (“SAB 118”), which allows registrants to record provisional amounts during a one year “measurement period” similar to that used when accounting for business combinations. However, the measurement period is deemed to have ended earlier when the registrant has obtained, prepared and analyzed the information necessary to finalize its accounting. During the measurement period, impacts of the law are expected to be recorded at the time a reasonable estimate for all or a portion of the effects can be made, and provisional amounts can be recognized and adjusted as information becomes available, prepared or analyzed. The SAB summarizes a three-step process to be applied at each reporting period to account for and qualitatively disclose: (1) the effects of the change in tax law for which accounting is complete; (2) provisional amounts (or adjustments to provisional amounts) for the effects of the tax law where accounting is not complete, but that a reasonable estimate has been determined; and (3) a reasonable estimate cannot yet be made and therefore taxes are reflected in accordance with law prior to the enactment of the TCJA.

Amounts recorded where accounting is complete in the year ended June 30, 2018 principally relate to the reduction in the U.S. federal tax rate to 21 percent, which resulted in the Company reporting an income tax benefit of $2.5 million to remeasure deferred tax liabilities associated with indefinitely lived intangible assets that will reverse at the new 21% rate. Absent this deferred tax liability, the Company is in a net deferred tax asset position that is offset by a full valuation allowance. The impact of the rate change related to net deferred tax assets has a net tax effect of zero, and as such, the accounting to determine the gross change in the deferred tax position and the offsetting valuation is considered complete. In accordance with Staff Accounting Bulletin (“SAB”) 118, the estimated income tax impact associated with the Transition Tax of zero represents our best estimate based on interpretation of the U.S. legislation as we are still accumulating data to finalize the underlying calculation. In accordance with SAB 118, estimated income tax impact associated with the Transition Tax is considered provisional and will be finalized prior to the end of the measurement period. The ultimate impact may differ from these provisional amounts, due to, among other things, additional analysis, changes in interpretations and assumptions the Company has made, additional regulatory guidance that may be issued, and actions the Company may take as a result of the TCJA.

With respect to provisions of the TCJA effective for tax years beginning on or after January 1, 2018, the company anticipates several new provisions may potentially impact tax provisions in future periods including limitations on the deductibility of interest expense and certain executive compensation, a minimum tax on certain foreign earnings (i.e., global intangible low-taxed income or “GILTI”), as well as a base-erosion and anti-abuse tax (“BEAT”). The GILTI provisions require the Company to include in its U.S. income tax return foreign subsidiary earnings in excess of an allowable return on the foreign subsidiary’s tangible assets. Based on initial assessment and interpretation of the new provision, the Company expects that it will be subject to incremental U.S. tax on GILTI income beginning in fiscal 2019. The Company may elect to account for GILTI tax as a component of tax expense in the period in which it is incurred or account for the GILTI tax in the measurement of deferred taxes. The Company is continuing to evaluate this particular provision and therefore has not yet elected a method but will do so once our analysis is complete. The BEAT provisions in the Tax Reform Act eliminate the deduction of certain base-erosion payments made to related foreign corporations, and impose a minimum tax if greater than regular tax. There is a reasonable amount of uncertainty surrounding the interpretation of this new provision, however, based on initial assessment and a conservative interpretation of the new provision, the Company expects that it will be minimally subject to the incremental U.S. tax on BEAT income beginning in fiscal 2019.

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. The resulting intangible assets and goodwill are being amortized for tax purposes over 15 years.

Additionally, the Company completed the acquisitions of the Zebra WLAN Business, the Avaya Campus Fabric Business and the Brocade Data Center Business in October 2016, July 2017 and October 2017, respectively, and treats the acquisitions as an asset purchase from a tax perspective. The Company has estimated the value of the intangible assets from these transactions and is amortizing the amounts over 15 years for tax purposes.

During the twelve months ended June 30, 2018, the Company deducted $7.5 million of tax amortization expense related to capitalized goodwill resulting from the above acquisitions.

As of June 30, 2018, the Company had $17.5 million of unrecognized tax benefits. If fully recognized in the future, there would be no impact to the effective tax rate, and $17.5 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. The increase for fiscal year 2018 relates substantially to previously unrecorded foreign net operating losses.

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

Balance at June 30, 2015	$	11,359
Increase related to prior year tax positions		174
Lapse of statute of limitations		120
Balance at June 30, 2016		11,653
Increase related to prior year tax positions		7,180
Increase related to current year tax positions		233
Lapse of statute of limitations		(153	)
Balance at June 30, 2017		18,913
Decrease related to prior year tax positions		(1,407	)
Balance at June 30, 2018	$	17,506

Estimated interest and penalties related to the underpayment of income taxes, if any 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 2018, 2017 and 2016.