XML 39 R20.htm IDEA: XBRL DOCUMENT v3.21.1
INCOME TAXES
12 Months Ended
Feb. 28, 2021
Income Tax Disclosure [Abstract]  
INCOME TAXES

NOTE 14 – INCOME TAXES

Our income (loss) before income taxes and equity in net loss of affiliate consists of the following (in thousands):

 

 

 

Year Ended February 28/29,

 

 

 

2021

 

 

2020

 

 

2019

 

Domestic

 

$

(16,964

)

 

$

(31,381

)

 

$

24,359

 

Foreign

 

 

(3,632

)

 

 

813

 

 

 

2,488

 

Total income (loss) before income taxes and equity in net loss of affiliate

 

$

(20,596

)

 

$

(30,568

)

 

$

26,847

 

 

 

The components of income tax benefit (provision) consists of the following (in thousands):

 

 

 

Year Ended February 28/29,

 

 

 

2021

 

 

2020

 

 

2019

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

-

 

 

$

-

 

 

$

404

 

State

 

 

40

 

 

 

(273

)

 

 

(256

)

Foreign

 

 

(602

)

 

 

(1,629

)

 

 

(62

)

Total current

 

 

(562

)

 

 

(1,902

)

 

 

86

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(59

)

 

 

(12,852

)

 

 

(2,621

)

State

 

 

(18

)

 

 

(10,645

)

 

 

(1,295

)

Foreign

 

 

78

 

 

 

4,945

 

 

 

4,442

 

Total deferred

 

 

1

 

 

 

(18,552

)

 

 

526

 

Income tax benefit (provision)

 

$

(561

)

 

$

(20,454

)

 

$

612

 

 

The income tax benefit (provision) differs from the amount obtained by applying the statutory rate as follows (in thousands):

 

 

 

Year Ended February 28/29,

 

 

 

2021

 

 

2020

 

 

2019

 

Income tax benefit (provision) at U.S. statutory federal rate

 

$

4,325

 

 

$

6,420

 

 

$

(5,638

)

State income tax benefit (provision), net of federal income tax effect

 

 

602

 

 

 

117

 

 

 

(1,412

)

Foreign taxes benefit (provision)

 

 

900

 

 

 

(50

)

 

 

(31

)

U.S. taxes on foreign income

 

 

(306

)

 

 

(571

)

 

 

-

 

Valuation allowance reductions (increases)

 

 

(5,825

)

 

 

(27,726

)

 

 

5,915

 

Research and other tax credits

 

 

1,322

 

 

 

2,594

 

 

 

1,658

 

Tax benefits on vested and exercised equity awards

 

 

(851

)

 

 

(606

)

 

 

758

 

Non-deductible expenses

 

 

(655

)

 

 

(697

)

 

 

(229

)

Other, net

 

 

(73

)

 

 

65

 

 

 

(409

)

Total income tax benefit (provision)

 

$

(561

)

 

$

(20,454

)

 

$

612

 

 

 

The components of net deferred income tax assets for income tax purposes are as follows (in thousands):

 

 

 

February 28/29,

 

 

 

2021

 

 

2020

 

Net operating loss carryforwards

 

$

27,194

 

 

$

22,500

 

Depreciation, amortization and impairments

 

 

(2,117

)

 

 

(5,353

)

Research and development credits

 

 

21,917

 

 

 

20,603

 

Stock-based compensation

 

 

2,944

 

 

 

2,556

 

Other tax credits

 

 

2,197

 

 

 

2,172

 

Capitalized research costs

 

 

2,638

 

 

 

3,389

 

ROU asset

 

 

(3,528

)

 

 

(5,174

)

Lease liabilities

 

 

5,472

 

 

 

7,455

 

Payroll and employee benefit accruals

 

 

1,984

 

 

 

2,077

 

Allowance for doubtful accounts

 

 

1,163

 

 

 

965

 

Other accrued liabilities

 

 

4,743

 

 

 

4,887

 

Convertible debt

 

 

(8,185

)

 

 

(9,477

)

Other, net

 

 

5,137

 

 

 

3,275

 

Gross deferred tax assets

 

 

61,559

 

 

 

49,875

 

Valuation allowance

 

 

(56,848

)

 

 

(45,560

)

Net deferred tax assets

 

$

4,711

 

 

$

4,315

 

 

 

 

 

 

 

 

 

 

Reported as:

 

 

 

 

 

 

 

 

Deferred tax assets

 

$

4,889

 

 

$

4,437

 

Deferred tax liabilities

 

 

(178

)

 

 

(122

)

Net deferred tax assets

 

$

4,711

 

 

$

4,315

 

 

As of February 28, 2021, we maintained a valuation allowance with respect to certain of our deferred tax assets relating primarily to net operating losses and tax credits in domestic and certain foreign jurisdictions for which we cannot assert that they are more likely than not going to be realized. For fiscal year 2021, we increased the valuation allowance against our domestic and foreign net deferred tax assets by approximately $9.2 million and $2.1 million, respectively. For fiscal year 2020, we considered positive and negative evidence, in assessing our ability to realize our domestic net deferred tax assets and concluded that it is more likely than not that our domestic net deferred tax assets will not be realized. As such, we increased the valuation allowance against our domestic net deferred tax asset by approximately $33.0 million for fiscal year 2020. For fiscal year 2020, we increased the non-US valuation allowance against our net deferred tax assets related to net operating loss carryforwards by approximately $1.6 million. The amount of the net deferred tax assets considered realizable, however, could be adjusted in future periods in the event sufficient evidence is present to support a conclusion that it is more likely than not that all or a portion of our domestic deferred tax assets will be realized.

At February 28, 2021, we had net operating loss carryforwards of approximately $50.4 million, $48.4 million and $57.1 million for federal, state and foreign purposes, respectively, expiring at various dates through fiscal year 2039. Approximately $18.6 million of foreign net operating loss carryforwards do not expire. The federal net operating loss carryforwards are subject to various limitations under Section 382 of the Internal Revenue Code. If substantial changes in our ownership were to occur, there may be certain annual limitations on the amount of the NOL carryforwards that can be utilized.

As of February 28, 2021, we had R&D tax credit carryforwards of $10.4 million and $8.4 million for federal and state income tax purposes, respectively. The federal R&D tax credits expire at various dates through fiscal year 2040. A substantial portion of the state R&D tax credits have no expiration date. As of February 28, 2021, we had foreign tax credit carryforwards of $1.9 million for federal income tax purposes which expire beginning in fiscal year 2022 through fiscal year 2030.

We accounted for stock-based compensation pursuant to ASU 2016-09 and we have tax deductions on exercised stock options and vested restricted stock awards that did not exceed stock compensation expense amounts recognized for financial reporting purposes in fiscal 2021 and 2020. The gross shortfall was $4.1 million and $2.4 million in fiscal 2021 and 2020, respectively. In fiscal 2019, there were excess tax deductions of $2.9 million . Under ASU 2016-09, all excess tax benefits and tax deficiencies are recognized in the income statement as they occur. We follow ASC Topic 740, “Income Taxes,” which clarifies the accounting for income taxes by prescribing a minimum recognition threshold that a tax position is required to meet before being recognized in the financial statements. Management determined based on our evaluation of our income tax positions that we have uncertain tax benefit of $1.8 million, $2.2 million, and $3.2 million  at February 28/29, 2021, 2020 and 2019, respectively, for which we have not yet recognized an income tax benefit for financial reporting purposes.

At February 28, 2021, we decreased the uncertain tax benefits related to certain foreign net operating loss carryforwards and domestic tax credits by $0.4 million. At February 29/28, 2020 and 2019, we decreased the uncertain tax benefits related to certain foreign net operating loss carry forwards and domestic tax credits by $1.0 million and $0.1 million, respectively. If total uncertain tax benefits were realized in a future period, it would result in a tax benefit of $1.8 million. As of February 28/29, 2021 and 2020, our liabilities for uncertain tax benefits were netted against our deferred tax assets on our consolidated balance sheet. It is reasonably possible the amount of unrecognized tax benefits could be reduced within the next 12 months by at least $0.1 million.

We recognize interest and/or penalties related to uncertain tax positions in income tax expense. No amounts of interest and/or penalties have been accrued as of February 29, 2020.

 

 

Year Ended February 28/29,

 

 

2020

 

 

2019

 

 

2018

 

Gross amounts of unrecognized tax benefits as of the beginning of the period

$

2,172

 

 

$

3,201

 

 

$

1,029

 

Increases related to prior period tax positions

 

-

 

 

 

-

 

 

 

2,241

 

Decreases related to prior period tax positions

 

(422

)

 

 

(1,029

)

 

 

(69

)

Gross amounts of unrecognized tax benefits as of the end of the period

$

1,750

 

 

$

2,172

 

 

$

3,201

 

 

We file income tax returns in the U.S. federal jurisdiction, various U.S. states and Puerto Rico, Canada, Ireland, Italy, United Kingdom, the Netherlands, Brazil, Mexico, Japan, Hong Kong and New Zealand. Certain income tax returns for the years 2016 through 2019 remain open to examination by U.S. federal and state tax authorities. To the extent allowed by law, the tax authorities may have the right to examine prior periods in which net operating losses or tax credits were generated and carried forward, and to make adjustments up to the net operating loss or tax credit carryforward amount. Our tax returns in the foreign jurisdictions remain open for examination for varying years by jurisdiction with certain jurisdictions being open for examination from 2015 to the present.

 

 For the fiscal years ended February 28/29, 2021 and 2020, we assert our intention to indefinitely reinvest foreign earnings in all our non-U.S. subsidiaries and accordingly, recorded no deferred income taxes on outside basis differences.