Entity information:

8.     Income Taxes

        The Tax Cuts and Jobs Act ("Tax Reform Act") was enacted on December 22, 2017. The Tax Reform Act significantly revised the U.S. corporate income tax regime by, among other things, lowering the U.S. corporate tax rate from 35% to 21% effective January 1, 2018. On December 22, 2017, the SEC staff issued Staff Accounting Bulletin No. 118 ("SAB 118") to address the application of U.S. GAAP in situations when a registrant does not have the necessary information available, prepared, or analyzed (including computations) in reasonable detail to complete the accounting for certain income tax effects of the Tax Reform Act. The Company has recognized the provisional tax impacts related to the revaluation of deferred tax assets and liabilities and included these amounts in its financial statements for the year ended December 31, 2017. The ultimate impact may differ from these provisional amounts, possibly materially, 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 Tax Reform Act. The accounting is expected to be complete when the 2017 U.S. corporate income tax return is filed in 2018.

        Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. The principal components of the Company's net deferred income tax assets and liabilities consisted of the following:

                                                                                                                                                                                    

 

 

December 31,

 

 

 

2017

 

2016

 

Deferred income tax assets:

 

 

 

 

 

 

 

Net federal and state operating loss carryforwards

 

$

110,145

 

$

155,446

 

Research and development credits

 

 

14,757

 

 

13,928

 

Share-based compensation

 

 

3,994

 

 

6,876

 

Depreciation and amortization

 

 

21

 

 

43

 

Other

 

 

-

 

 

-

 

​  

​  

​  

​  

Total deferred tax assets

 

 

128,917

 

 

176,293

 

​  

​  

​  

​  

Deferred income tax liabilities:

 

 

 

 

 

 

 

Other

 

 

92

 

 

336

 

​  

​  

​  

​  

Total deferred tax liabilities

 

 

92

 

 

336

 

​  

​  

​  

​  

Net deferred tax assets

 

 

128,825

 

 

175,957

 

Valuation allowance

 

 

(128,825

)

 

(175,957

)

​  

​  

​  

​  

 

 

$

-

 

$

-

 

​  

​  

​  

​  

​  

​  

​  

​  

        Realization of deferred income tax assets is dependent upon future earnings, if any, the timing and amount of which are uncertain. Accordingly, due to the Company's history of net operating losses, the net deferred tax assets have been fully offset by a valuation allowance. The valuation allowance decreased by $47,132 in 2017 due primarily to the passage of the Tax Reform Act and the reduction in the valuation of the Company's net deferred tax assets as a result of the lowering of the corporate tax rate. The valuation allowance increased by $9,347 and $8,101 in 2016 and 2015, respectively.

        At December 31, 2017, the Company had net federal operating loss carryforwards of approximately $429,570, which expire from 2018 to 2037 if not utilized. The Company had state operating loss carryforwards of approximately $381,862, which expire from 2018 to 2037 if not utilized. The Company also had research and development credits at December 31, 2017 of approximately $14,757, which expire from 2020 to 2037 if not utilized.

        The Company will recognize the impact of a tax position in the financial statements if that position is more likely than not of being sustained on audit based on the technical merits of the position. As of December 31, 2017, the Company had no unrecognized tax benefits. Utilization of the Company's net operating loss carryforwards may be subject to a substantial annual limitation due to ownership change limitations provided by Section 382 of the Internal Revenue Code of 1986, as amended, and similar state provisions. The annual limitations may result in the expiration of net operating loss carryforwards before utilization. The Company completed a study of its net operating losses through December 31, 2016 to determine whether such amounts are likely to be limited by Section 382. As a result of this study and its analysis of subsequent ownership changes, the Company does not currently believe any Section 382 limitation exists through December 31, 2017. However, any future ownership changes under Section 382 may limit the Company's ability to fully utilize these tax benefits. The Company has not yet conducted an in-depth study of its research and development credits, although the Company periodically reviews assumptions used in its calculations to reflect its best estimate of expected credit. An in-depth study may result in an increase or decrease to the Company's research and development credits and until such study is conducted of the Company's research and development credits, no amounts are being presented as an uncertain tax position. The Company's net deferred income tax assets have been fully offset by a valuation allowance. Therefore, future changes to the Company's unrecognized tax benefits would be offset by an adjustment to the valuation allowance and there would be no impact on the Company's balance sheet, statement of operations, or cash flows. The Company does not expect its unrecognized tax benefits to change significantly over the next 12 months.

        The Company is currently open to audit under the statute of limitations by the Internal Revenue Service and the appropriate state income taxing authorities for all years due to the net loss carryforwards from those years. The Company is currently not under examination by the Internal Revenue Service or any other taxing authorities. The Company has not recorded any interest and penalties on any unrecognized tax benefits since its inception.