Entity information:
7.
Income Taxes
 
 
Significant components of
our net deferred tax assets at
December 31, 2017
and
2016
are shown below (in thousands). A valuation allowance of
$62.7
million and
$89.6
million has been established to offset the net deferred tax assets as of
December 31, 2017
and
2016,
respectively, due to uncertainties surrounding our ability to generate future taxable income to realize these assets.
 
   
Years ended
December 31,
 
   
201
7
   
20
1
6
 
Deferred tax assets:
               
Net operating loss carryforwards
  $
28,500
    $
41,500
 
Capitalized research and development
   
16,500
     
27,400
 
Research and development credits
   
12,500
     
11,500
 
Stock
-based compensation
   
3,600
     
6,900
 
Deferred revenue
s
   
     
100
 
Other, net
   
1,600
     
2,200
 
Total deferred tax assets
   
62,700
     
89,600
 
                 
Total deferred tax liabilities
   
     
 
                 
Net deferred tax assets
   
62,700
     
89,600
 
Valuation allowance for deferred tax assets
   
(62,700
)
   
(89,600
)
                 
Net deferred tax assets
  $
    $
 
 
The provision for income taxes on earnings subject to income taxes differs from the statutory federal rate at
December 31, 2017,
2016
and
2015,
due to the following (in thousands):
 
   
201
7
   
201
6
   
20
1
5
 
Federal income taxes at 35%
  $
(442
)
  $
(3,740
)
  $
(4,426
)
State income tax, net of F
ederal benefit
   
21
     
(26
)
   
1
 
Tax effect on non-deductible expenses and credits
   
2,180
     
3,054
     
968
 
Expiring state net operating losses
   
8
     
11
     
143
 
Research credits
   
(153
)
   
(427
)
   
(635
)
Uncertain tax positions
   
38
     
173
     
2,038
 
Tax Cuts and Jobs Act
   
28,732
     
     
 
Excess tax benefit
   
(3,425
)
   
     
 
Rate change
   
(43
)
   
(639
)
   
6,066
 
Other
   
(1
)
   
(123
)
   
(10
)
Chang
e in valuation allowance
   
(26,915
)
   
1,717
     
(4,145
)
    $     $     $  
 
At
December 31, 2017,
we had Federal and California tax net operating loss carryforwards of approximately
$116.1
 million and
$99.3
 million, respectively. The Federal and California tax loss carryforwards will begin to expire in
2019
and
2018,
respectively, unless previously utilized.
 
At
December 31, 2017,
we also had Federal and California research and development tax credit carryforwards of approximately
$9.9
million and
$8.7
million, respectively. The Federal credit carryforward will begin to expire in
2021
unless previously utilized and the California credit will carry forward indefinitely until utilized.
 
We have
analyzed filing positions in all of the Federal and state jurisdictions where we are required to file income tax returns for all open tax years in these jurisdictions. Our analysis concluded that, due to past ownership changes, our deferred tax assets for net operating losses and research and development credits will be subject to an annual limitation. As such,
$3.1
million of net operating losses will expire and
$944,000
of research and development credits will expire for Federal purposes as a result of the multiple ownership changes which occurred in prior years. As a result of the completion of the analysis, we have included the net operating loss and research and development credit carryforward net of the amount to be expired as a deferred tax asset. However, we have determined that sufficient future taxable income
may
not
be available to realize the deferred tax assets for net operating loss and research and development credit carryforwards. Therefore, we have recognized a full valuation allowance for these deferred tax assets.
 
We
updated our Section
382
and
383
analyses through
December 31, 2017
and determined that there has
not
been a subsequent ownership change since
February 2007.
The completion of our Section
382
and
383
analyses through
December 31, 2017
does
not
prevent further limitations to our net operating loss and research and development credit carryforwards. Additional limitations
may
arise if we experience an ownership change in subsequent periods.
 
On
December 22, 2017,
the Tax Cuts and Jobs Act was signed into legislation.
We estimate there is
no
impact to net income tax expense or income tax payable as a result of this legislation for the year ended
December 31, 2017,
as we recognized a full valuation allowance on the deferred tax assets. However, we will continue to make and refine our calculations as additional analysis is completed. In addition, our estimates
may
also be affected as we gain a more thorough understanding of the tax law.
 
We remeasured certain deferred tax assets and liabilities based on the rates at which they are expected to reverse in the futu
re, which is generally
21%.
The provisional amount recorded related to the remeasurement of our deferred tax balance was
$28.7
million, of which is fully offset by a corresponding decrease to our valuation allowance. However, we are still analyzing certain aspects of the Act and refining our calculations, which could potentially affect the measurement of these balances or potentially give rise to new deferred tax amounts.
 
A rollforward of changes in
our unrecognized tax benefits is shown below (in thousands).
 
   
201
7
   
201
6
   
201
5
 
Balance at beginning of year
  $
8,268
    $
7,447
    $
4,360
 
Additions based on tax positions related to the current year
   
57
     
139
     
195
 
Additions
based on tax positions of prior years
   
     
682
     
2,994
 
Reductions based on tax positions of prior years
   
     
     
(102
)
Balance at
end of year
  $
8,325
    $
8,268
    $
7,447
 
 
In the next
twelve
months, we do
not
expect a significant change in our unrecognized tax benefits.
Due to the existence of the valuation allowance, future changes in unrecognized tax benefits will
not
impact our effective tax rate.
 
We are
subject to taxation in the United States and state jurisdictions. Our tax years for
2014
and forward are subject to examination by the IRS and tax years
2013
and forward are subject to examination by California tax authorities. Due to the carryforward of unutilized net operating losses and research and development credits, the IRS and the California tax authorities
may
go back to the taxable years in which the net operating losses and research and development credits became available to recompute such amounts, but
not
redetermine the tax liability for such years. We are currently
not
under examination by any taxing authorities.
 
We
recognize interest and penalties related to income tax matters in income tax expense. For the
three
years ended
December 31, 2017,
we did
not
recognize any interest or penalties.