Entity information:
10
.
INCOME TAX
 
The provision (benefit) for income taxes consists of the following:
 
 
   
2017
   
2016
   
2015
 
   
(In thousands)
 
Current income tax expense (benefit)
 
$
   
$
   
$
 
Deferred income tax expense (benefit)
 
 
   
 
(6,908
)
 
 
 
Total income tax expense (benefit)
 
$
   
$
(6,908
)
 
$
 
 
The Company recorded an income tax benefit of
$6.9
million in
2016
due to the reversal of its deferred tax liability, which related solely to the impairment of the indefinite-lived intangible asset.
 
Tax Reform
 
The Tax Cuts and Jobs Act (“U.S. Tax Act”) was enacted on
December 22, 2017.
At
December 31, 2017,
the Company has
not
completed accounting for the tax effects of enactment of the Act; however, in certain cases, as described below, the Company has made a reasonable estimate of the effects on its existing deferred tax balances.
  In all cases, the Company will continue to make and refine its calculations as additional analysis is completed. In addition, its estimates
may
also be affected as the Company gains a more thorough understanding of the tax law.
 
The
U.S. Tax Act reduces the U.S. federal corporate tax rate from
35%
to
21%
beginning in
2018.
The impact of the U.S. Tax Act for the Company is estimated to be a
$50.1
million reduction in the Company's net deferred tax assets to reflect the new statutory rate at which they are expected to reverse. The rate adjustment to the net deferred tax assets is a component of income tax expense and is fully offset by a decrease in the valuation allowance so there is
no
impact to the Company’s total tax expense.
 
Starting in
2018,
companies
may
be subject to global intangible low tax income (
“GILTI”) which is a tax on foreign income in excess of a deemed return on tangible assets of foreign corporations as well as the new base erosion anti-abuse tax (“BEAT”) under the TCJA. GILTI will be effectively taxed at a tax rate of
10.5%.
Due to the complexity of the GILTI tax rules, companies are allowed to make an accounting policy choice of either (
1
) treating taxes due on future U.S. inclusions in taxable income related to GILTI as a current-period expense when incurred or (
2
) factoring such amounts into a company’s measurement of its deferred taxes under the SAB
118.
The Company has
not
yet made an election with respect to GILTI. The Company will continue to review the GILTI and BEAT rules to determine their applicability to the company as the rules become effective.
 
The provision for income taxes was different from the expected statutory federal income tax rate as follows:
 
   
2017
   
2016
   
201
5
 
Tax benefit at statutory rate
 
 
35.0
%
   
35.0
%    
35.0
%
Change in fair value of warrant liability
 
 
0.0
     
0.0
     
0.1
 
Stock based compensation
 
 
(1.6
)
   
(0.9
)    
0.8
 
Other
 
 
0.0
     
0.4
     
0.4
 
Tax law changes
 
 
(88.1
)
   
0.0
     
0.0
 
Change in valuation allowance
 
 
54.7
     
(23.7
)    
(40.0
)
Net operating loss expiration and true ups
 
 
0.0
     
0.0
     
3.7
 
Income tax benefit (provision)
 
 
0.0
%
   
10.8
%    
0.0
%
 
The Company
’s net deferred tax assets and deferred tax liabilities were recorded in other assets and accrued and other liabilities, respectively on the Consolidated Balance Sheets and consist of the following as of
December 
31,
2017
and
2016:
 
   
2017
   
201
6
 
   
(In thousands)
 
Deferred tax assets
               
Accrued expenses and other                              
 
$
623
    $
1,510
 
Tax benefits from losses carried forward and tax credits
 
 
126,552
     
147,001
 
Stock based compensation
 
 
2,547
     
4,119
 
Intangible assets
 
 
5,312
     
9,776
 
Other
 
 
242
     
207
 
Total deferred tax assets
 
$
135,276
    $
162,613
 
Valuation allowance
 
 
(135,180
)
   
(162,414
)
Net deferred tax assets
 
 
96
     
199
 
                 
                 
Deferred tax liabilities
               
Prepaid expenses
 
 
96
     
199
 
Intangible asset
 
 
     
 
Total deferred tax liabilities
 
 
96
     
199
 
Net deferred tax liability
 
$
    $
 
 
Based on the available evidence, the Company has recorded a full valuation allowance against its net deferred income tax assets as it is more likely
than
not
that the benefit of these deferred tax assets will
not
be realized. The valuation allowance decreased by
$27.2
million and increased by
$17.0
million during the years ended
December 
31,
2017
and
December 31, 2016,
respectively.
 
The Company has recorded the following reserve
for uncertain tax positions as of
December 31, 2017,
2016
and
2015:
 
   
 
201
7
   
2016
   
2015
 
   
(In thousands)
 
Balance at January
1
 
$
662
    $
662
    $
545
 
Increase related to prior year tax positions
   
 
     
 
     
117
 
Decrease related to current year tax positions
 
 
     
     
 
Lapses of statute of limitations
 
 
     
     
 
Balance at December
31
 
$
662
    $
662
    $
662
 
 
None
of the unrecognized tax benefits that, if recognized, would affect the effective tax rate due to valuation allowance. We are currently
not
under audit by the federal, state and foreign tax authorities. We do
not
believe that it is reasonably possible that the total amounts of unrecognized tax benefit will materially increase or decrease within the next
12
months.
 
 
United States
 
The Company has accumulated
net operating losses of
$317.1
million and
$260.0
million for United States federal tax purposes at
December 
31,
2017
and
2016,
respectively, some of which are restricted pursuant to Section 
382
of the Internal Revenue Code, and which
may
not
be available entirely for use in future years. These losses expire in fiscal years
2018
through
2037.
The Company has federal research and development tax credit carryforwards of
$0.7
million that will expire in fiscal years
2018
through
2029,
if
not
utilized.
 
Canada
 
The Company has unclaimed
Canada federal investment tax credits of
$16.2
million and
$15.2
million at
December 
31,
2017
and
2016,
respectively, that expire in fiscal years
2018
through
2028.
The Company has scientific research & experimental development expenditures of
$109.1
million and
$102.1
million for Canada federal purposes and
$47.8
million and
$44.7
million for provincial purposes at
December 
31,
2017
and
2016,
respectively. These expenditures
may
be utilized in any period and
may
be carried forward indefinitely. The Company also has Canada federal capital losses of
$150.2
million and
$140.6
million and provincial capital losses of
$150.3
million and
$140.7
million at
December 
31,
2017
and
2016,
respectively, which can be carried forward indefinitely to offset future capital gains. The Company has accumulated net operating losses of
$5.2
million and
$4.8
million at
December 
31,
2017
and
2016
for Canada federal tax purposes and
$3.4
million and
$3.1
million at
December 
31,
2017
and
2016
for provincial purposes which expire between
2026
and
2036.
The Company is subject to examination by the Canada Revenue Agency for years after
2008.
However, carryforward attributes that were generated prior to
2008
may
still be adjusted by a taxing authority upon examination if the attributes have been or will be used in a future period.
 
Australia
 
The Company formed an Australian entity in late
2017.
The Australian entity has accumulated net operating losses of
$0.2
million at
December 31, 2017.
A full valuation allowance has been recorded against its net deferred income tax assets.
 
Other
 
The Company files federal and foreign income tax returns in the United States and abroad. For U.S. federal income tax purposes, the statute of limitations is open for
1998
and onward for the United States and Canada due to net operating loss carried forwards.
 
ASU
2016
-
09
 
In
2017,
the Company adopted ASU
2016
-
09
Stock Compensation: Improvements to Employee Share-Based Payment Accounting. As a result, the net operating loss deferred tax asset has increased by
$5
,000
as a result of the inclusion of the net operating losses related to excess tax benefits. The increase in the deferred tax asset was offset by a full valuation allowance.