Annual report pursuant to Section 13 and 15(d)

Note 18 - Income Taxes

v3.22.4
Note 18 - Income Taxes
12 Months Ended
Nov. 30, 2022
Notes to Financial Statements  
Income Tax Disclosure [Text Block]

18.

INCOME TAXES

 

Loss before income taxes consists of the following (in thousands):

 

   

Year Ended November 30,

 
   

2022

   

2021

 

United States

  $ (8,185 )   $ (2,911 )

Foreign

    534       (532 )

Total

  $ (7,651 )   $ (3,443 )

 

The components of the provision (benefit) for income taxes is as follows (in thousands):

 

   

Year Ended November 30,

 
   

2022

   

2021

 

Current expense (benefit):

               

Federal

  $     $  

State

    83       14  

Foreign

    271       (165 )

Total current expense (benefit):

    354       (151 )
                 

Deferred expense (benefit):

               

Federal

    3        

State

    1        

Foreign

    (124 )     (9 )

Total deferred expense (benefit)

    (120 )     (9 )
                 

Total income tax provision (benefit)

  $ 234     $ (160 )

 

 

A reconciliation of the Company’s statutory income tax rate to the Company’s effective income tax rate is as follows:

 

   

Year Ended November 30,

 
   

2022

   

2021

 

Income at US statutory rate

    21.00 %     21.00 %

State income taxes

    (1.20 )%     (0.31 )%

Permanent differences

    (2.79 )%     (0.34 )%

Foreign rate differential

    (0.49 )%     1.82 %

Valuation allowance

    (16.96 )%     (9.05 )%

Other

    (2.62 )%     (8.52 )%

Total

    (3.06 )%     4.60 %

 

The net deferred income tax asset balance related to the following (in thousands):

 

   

November 30,

 
   

2022

   

2021

 

Net operating loss carryforwards

  $ 6,515     $ 5,226  

Stock compensation

    1,192       1,103  

Inventory reserve

    169       95  

Bad debt reserve

          3  

Accrued payroll

    411       363  

Warranty reserve

    174       160  

Foreign tax credit carryforwards

    9       9  

Unrealized losses

    18       4  

Deferred revenue

    35        

Lease liability

    507        

Subtotal deferred tax assets

    9,031       6,963  

Valuation allowance

    (7,839 )     (6,551 )

Total deferred tax assets

    1,192       412  
                 

Depreciation and amortization

    554       412  

Right of use asset

    509        

Total deferred tax liabilities

    1,063       412  
                 

Net deferred tax assets

  $ 129     $  

 

The Company notes $0.03 million of a United States state refundable tax credit awarded in the year has been booked above the income tax line in accordance with US GAAP principles.  As of November 30, 2022, the Company had federal and state NOL carryforwards of approximately $28.8 million and $7.8 million, respectively, which begin to expire in 2025 for federal and state purposes. The federal NOL carryforwards include approximately $13.2 million, which do not expire.  Deferred tax assets are presented in other assets in the accompanying Consolidated Balance Sheets.

 

Future realization of the tax benefits of existing temporary differences and NOL carryforwards ultimately depends on the existence of sufficient taxable income within the carryforward period. As of November 30, 2022 and 2021, respectively, the Company performed an evaluation to determine whether a valuation allowance was needed. The Company considered all available evidence, both positive and negative, which included the results of operations for the current and preceding years. The Company determined that it was not possible to reasonably quantify future taxable income and determined that it is more likely than not that all of the United States entity's deferred tax assets will not be realized. Accordingly, the Company maintained a full valuation allowance as of November 30, 2022 and 2021. Additionally, a deferred tax liability has been established in the United States entity during the year relating to tax basis in excess of book basis on an indefinite lived intangible.  At November 30, 2022 and 2021, the Company recognized valuation allowances of $7.8 million and $6.6 million, respectively, related to its deferred tax assets created in those respective years. The net increase of $1.2 million and $0.3 million in the valuation allowance reflects the net increase in gross deferred tax asset between November 30, 2022 and 2021 and the prior fiscal years, respectively. 

 

Pursuant to Internal Revenue Code Section 382, use of NOL carryforwards may be limited if the Company experiences a cumulative change in ownership of greater than 50% in a moving three-year period. Ownership changes could impact the Company’s ability to utilize the NOL carryforwards remaining at an ownership change date. The Company last completed a Section 382 analysis regarding whether an ownership change had occurred for Company through November 30, 2021. Based on the analysis, the cumulative ownership change is 17.08%. The resulting limitation of NOL carryforwards has been considered in determining the full valuation allowance against the related deferred tax assets as noted above.