NOTE 11 – INCOME TAXES
Income tax expense for the years ended December 31, 2017 and 2016 is shown as follows:
| December 31, | December 31, | |||||||
| (In thousand $) | 2017 | 2016 | ||||||
| Current provision | $ | - | $ | - | ||||
| Deferred provision | - | - | ||||||
| Total tax provision (benefit) | $ | - | $ | - | ||||
The significant components of the Company’s deferred tax assets and liabilities at December 31, 2017 and 2016 are as follows:
| December 31, | December 31, | |||||||
| (In thousand $) | 2017 | 2016 | ||||||
| Federal net operating losses | $ | 5,031 | $ | 6,714 | ||||
| State net operating losses | 1,060 | 635 | ||||||
| Stock options | 733 | 1,043 | ||||||
| Federal tax credit | 190 | 190 | ||||||
| Amortization | 295 | 448 | ||||||
| Depreciation | (3 | ) | 11 | |||||
| Contributions | 15 | 21 | ||||||
| Other | 202 | 392 | ||||||
| Total gross deferred tax assets/(liabilities) | 7,523 | 9,454 | ||||||
| Less valuation allowance | (7,523 | ) | (9,454 | ) | ||||
| Net deferred tax assets/(liabilities) | $ | - | $ | - | ||||
On December 22, 2017, the United States enacted the Tax Cuts and Jobs Act ("Tax Reform Legislation"), which made significant changes to U.S. federal income tax law. The Company expects that certain aspects of the Tax Reform Legislation will positively impact the Company’s future after-tax earnings primarily due to the lower federal statutory tax rate. Beginning January 1, 2018, the Company’s U.S. income will be taxed at a 21 percent federal corporate rate. Further, we are required to recognize the effect of this rate change on our deferred tax assets and liabilities, and deferred tax asset valuation allowances in the period the tax rate change is enacted. We do not expect any material non-cash impact from this rate change, with adjustments to deferred tax balances offset by adjustments to deferred tax valuation allowances.
The income tax benefit for the year ended December 31, 2017 differed from the amounts computed by applying the U.S. federal income tax rate of 34% to loss before tax benefit as a result of nondeductible expenses, tax credits generated, utilization of net operating loss carryforwards, and increases in the Company’s valuation allowance.
| December 31, | December 31, | |||||||
| (In thousand $) | 2017 | 2016 | ||||||
| Federal statutory tax benefit | $ | (1,380 | ) | $ | (1,568 | ) | ||
| Permanent differences | 55 | 103 | ||||||
| Federal tax rate change | 3,696 | - | ||||||
| Valuation allowance | (2,371 | ) | 1,465 | |||||
| Income tax provision (benefit) | $ | - | $ | - | ||||
A valuation allowance is required to reduce the deferred tax assets reported if, based on the weight of the evidence, it is more likely than not that some portion or all of the deferred tax assets will not be realized.
At December 31, 2017, the Company had approximately $23.9 million of gross federal net operating loss carry-forwards. At December 31, 2017, the Company had approximately $14.9 million of gross state net operating loss carry-forwards. If not utilized, the federal and state net operating loss carry-forwards will begin to expire in 2027. The utilization of such net operating loss carry-forwards and realization of tax benefits in future years depends predominantly upon having taxable income. The Company also has $190 of federal research and development credits which will begin to expire in 2033 if not utilized.
The Company may be subject to the net operating loss provisions of Section 382 of the Internal Revenue Code. The Company has not calculated if an ownership change has occurred. The effect of an ownership change would be the imposition of an annual limitation on the use of NOL carryforwards attributable to periods before the change. The amount of the annual limitation depends upon the value of the Company immediately before the change, changes to the Company’s capital during a specified period, and the federal published interest rate.
Entities are also required to evaluate, measure, recognize and disclose any uncertain income tax provisions taken on their income tax returns. The Company has analyzed its tax positions and has concluded that as of December 31, 2017 there were no uncertain positions. The federal and state income tax returns of the Company for 2013, 2014, 2015 and 2016 are subject to examination by the IRS and state taxing authorities, generally for three years after they are filed. Interest and penalties, if any, as they relate to income taxes assessed, are included in the income tax provision. There was no income tax related interest and penalties included in the income tax provision for 2017 and 2016.