Entity information:

9. Income Taxes

        The Company accounts for income taxes under FASB ASC 740 ("ASC 740"). Deferred income tax assets and liabilities are determined based upon differences between financial reporting and tax bases of assets and liabilities, which are measured using the enacted tax rates and laws that will be in effect when the differences are expected to reverse.

        Income taxes have been based on the following income (loss) before income tax expense:

                                                                                                                                                                                    

 

 

December 31,

 

 

 

2017

 

2016

 

Domestic

 

$

(24,131,000

)

$

(19,738,000

)

Foreign

 

 

52,000

 

 

85,000

 

​  

​  

​  

​  

 

 

$

(24,079,000

)

$

(19,653,000

)

​  

​  

​  

​  

​  

​  

​  

​  

        The provision for income taxes consists of the following:

                                                                                                                                                                                    

 

 

December 31,

 

 

 

2017

 

2016

 

Current

 

 

 

 

 

 

 

US Federal

 

$

 

$

 

State and Local

 

 

 

 

 

Foreign

 

 

13,000

 

 

14,000

 

​  

​  

​  

​  

Total Current

 

$

13,000

 

$

14,000

 

​  

​  

​  

​  

Deferred

 

 

 

 

 

 

 

US Federal

 

$

 

$

 

State and Local

 

 

 

 

 

Foreign

 

 

 

 

 

​  

​  

​  

​  

Total Deferred

 

$

 

$

 

​  

​  

​  

​  

Total Expense (Benefit)

 

$

13,000

 

$

14,000

 

​  

​  

​  

​  

​  

​  

​  

​  

        As of December 31, 2017, the Company had federal net operating loss ("NOL") carry forwards of $210,529,000, state NOL carry forwards of $169,672,000 and research and development tax credit carry forwards of $79,725,000, which are available to reduce future taxable income. The federal NOL and tax credit carry forwards will begin to expire at various dates starting in 2022. The state NOL carry forwards will begin to expire at various dates starting in 2025. The NOL carry forwards are subject to review and possible adjustment by the Internal Revenue Service and state tax authorities. NOL and tax credit carry forwards may become subject to an annual limitation in the event of certain cumulative changes in the ownership interest of significant stockholders over a three-year period in excess of 50%, as defined under Sections 382 and 383 of the Internal Revenue Code of 1986, as amended, as well as similar state tax provisions. This could limit the amount of NOLs that the Company can utilize annually to offset future taxable income or tax liabilities. The amount of the annual limitation, if any, will be determined based on the value of the Company immediately prior to the ownership change. Subsequent ownership changes may further affect the limitation in future years.

        The Company's reserves related to taxes are based on a determination of whether and how much of a tax benefit taken by the Company in its tax filings or positions is more likely than not to be realized. The Company recognized no material adjustment for unrecognized income tax benefits. Through December 31, 2017, the Company had no unrecognized tax benefits or related interest and penalties accrued.

        The principal components of the Company's deferred tax assets are as follows:

                                                                                                                                                                                    

 

 

December 31,

 

 

 

2017

 

2016

 

Deferred tax assets:

 

 

 

 

 

 

 

Net operating loss carryovers

 

$

57,557,000

 

$

75,829,000

 

R&D tax credits

 

 

79,725,000

 

 

71,811,000

 

Non-qualified stock options

 

 

5,355,000

 

 

7,413,000

 

Deferred revenue

 

 

1,242,000

 

 

2,030,000

 

Charitable contributions

 

 

4,000

 

 

6,000

 

Accrued expenses

 

 

407,000

 

 

618,000

 

Fixed assets

 

 

85,000

 

 

102,000

 

​  

​  

​  

​  

Deferred tax assets

 

 

144,375,000

 

 

157,809,000

 

Less valuation allowance

 

 

(144,375,000

)

 

(157,809,000

)

​  

​  

​  

​  

Net deferred tax assets

 

$

 

$

 

​  

​  

​  

​  

​  

​  

​  

​  

        ASC 740 requires a valuation allowance to reduce the deferred tax assets reported if, based on the weight of available evidence, it is more likely than not that some portion or all of the deferred tax assets will not be realized. After consideration of all the evidence, both positive and negative, the Company has recorded a full valuation allowance against its deferred tax assets at December 31, 2017 and 2016, respectively. The Company experienced a net change in valuation allowance of $(13,434,000) and $8,738,000 for the years ended December 31, 2017 and 2016, respectively.

        A reconciliation of income tax (expense) benefit at the statutory federal income tax rate and income taxes as reflected in the financial statements is as follows:

                                                                                                                                                                                    

 

 

December 31,

 

 

 

2017

 

2016

 

Federal income tax expense at statutory rate

 

 

34.0

%

 

34.0

%

Permanent items

 

 

(8.1

)

 

(5.9

)

Effect of Tax Act

 

 

(116.9

)

 

 

State income tax, net of federal benefit

 

 

5.8

 

 

(15.8

)

Tax credits

 

 

29.3

 

 

33.5

 

Provision to return

 

 

 

 

(1.5

)

Change in valuation allowance

 

 

55.8

 

 

(44.5

)

Other

 

 

 

 

0.1

 

​  

​  

​  

​  

Effective income tax rate

 

 

(0.1

)%

 

(0.1

)%

​  

​  

​  

​  

​  

​  

​  

​  

        On December 22, 2017, H.R. 1 (also, known as the Tax Cuts and Jobs Act (the "Act")) was signed into law. Among its numerous changes to the Internal Revenue Code, the Act reduces U.S. federal corporate tax rate from 34% to 21% and imposes a one-time transition tax on unrepatriated earnings of foreign subsidiaries. As a result, the Company believes that the most significant impact on its consolidated financial statements will be reduction of approximately $28.1 million for the deferred tax assets related to net operating losses and other assets. Such reduction is offset by changes to the Company's valuation allowance. The one-time mandatory transition tax on accumulated foreign earnings resulted in a provisional amount of income of $115,000 for the Company, which the company is offsetting with its net operating loss.