Our provision for income taxes for the years ended
December
31,
2016
and
2015
consists of the following:
| | | | | | | |
| | Current provision: | | | | | |
| | Federal | | $ | - | | | $ | - | | |
| | State | | | - | | | | - | | |
| | Foreign | | | - | | | | - | | |
| | Total current provision | | | - | | | | - | | |
| | | | | | | | | | | |
| | Deferred provision (benefit): | | | | | | | | | |
| | Federal | | | (5,626,995 | ) | | | (6,645,222 | ) | |
| | State | | | (1,183,093 | ) | | | (955,515 | ) | |
| | Foreign | | | - | | | | - | | |
| | Total deferred provision (benefit) | | | (6,810,088 | ) | | | (7,600,737 | ) | |
| | Valuation allowance | | | 6,810,088 | | | | 7,600,737 | | |
| | Consolidated income tax provision | | $ | - | | | $ | - | | |
We provide a full valuation allowance on our net deferred tax assets because management has determined that it is more likely than not that we will not earn income sufficient to realize the deferred tax assets during the asset reversal periods.
The difference between income taxes computed by applying the statutory federal income tax rate to consolidated losses before income taxes and the consolidated provision for income taxes is attributable to the following:
| | | | | | | |
| | Federal statutory rate | | | (34.0 | %) | | | (34.0 | %) | |
| | State income taxes, net of Federal benefits | | | (4.2 | %) | | | (4.3 | %) | |
| | Stock based compensation | | | 7.6 | % | | | 0.5 | % | |
| | Other | | | (2.6 | %) | | | 0.9 | % | |
| | Valuation allowance | | | 33.2 | % | | | 36.9 | % | |
| | Total | | | 0.0 | % | | | 0.0 | % | |
The tax effects of significant temporary differences representing deferred tax assets as of
December
31,
2016
and
2015:
| | | | | | | |
| | Net operating loss carryforwards | | $ | 51,249,822 | | | $ | 39,555,984 | | |
| | Stock based compensation expense | | | 10,118,401 | | | | 10,659,107 | | |
| | Tax credit carryforwards and other | | | 1,373,979 | | | | 5,717,023 | | |
| | | | | 62,742,202 | | | | 55,932,114 | | |
| | | | | | | | | | | |
| | Valuation allowance | | | (62,742,202 | ) | | | (55,932,114 | ) | |
| | Net deferred tax assets | | $ | - | | | $ | - | | |
The Company had Federal net operating loss (“NOL”) carryforwards of approximately
$133.6
and
$116.3
million at
December
31,
2016
and
2015,
respectively, which begin expiring in
2016.
The Company also has certain Federal tax credit carryforwards that will expire through
2036.
The timing and manner in which these net operating loss carryforwards and credits
may
be used in any year will be limited to the Company’s ability to generate future earnings and also
may
be limited by certain provisions in the U.S. tax code. The Company has not identified any uncertain tax positions and did not recognize any adjustments for unrecognized tax benefits. The Company remains subject to examination for income tax returns dating back to
2013.