7. Income Taxes
Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the Company’s deferred tax assets as of December 31, 2016 and 2015 are summarized below.
| December 31, | ||||||||
| 2016 | 2015 | |||||||
| Capitalized research and development costs | $ | 150,000 | $ | 150,000 | ||||
| Research and development credits | 3,239,000 | 3,239,000 | ||||||
| Stock-based compensation | 3,430,000 | 1,496,000 | ||||||
| Stock options issued in connection with the payment of debt | 289,000 | 276,000 | ||||||
| Net operating loss carryforwards | 37,745,000 | 36,663,000 | ||||||
| Accrued compensation | 794,000 | 290,000 | ||||||
| Accrued interest due to related party | 94,000 | 70,000 | ||||||
| Other, net | 14,000 | 13,000 | ||||||
| Total deferred tax assets | 45,755,000 | 42,197,000 | ||||||
| Valuation allowance | (45,755,000 | ) | (42,197,000 | ) | ||||
| Net deferred tax assets | $ | - | $ | - | ||||
In assessing the potential realization of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will be realized. The ultimate realization of deferred tax assets is dependent upon the Company attaining future taxable income during the periods in which those temporary differences become deductible. As of December 31, 2016 and 2015, management was unable to determine that it was more likely than not that the Company’s deferred tax assets will be realized, and has therefore recorded an appropriate valuation allowance against deferred tax assets at such dates.
No federal tax provision has been provided for the years ended December 31, 2016 and 2015 due to the losses incurred during such periods. The Company’s effective tax rate is different from the federal statutory rate of 35% due primarily to net losses that receive no tax benefit as a result of a valuation allowance recorded for such losses.
Reconciled below is the difference between the income tax rate computed by applying the U.S. federal statutory rate and the effective tax rate for the years ended December 31, 2016 and 2015.
| Years Ended December 31, | ||||||||
| 2016 | 2015 | |||||||
| U. S. federal statutory tax rate | (35.0 | )% | (35.0 | )% | ||||
| Stock-based compensation | - | % | - | % | ||||
| Change in valuation allowance | 33.0 | % | 31.1 | % | ||||
| Amortization of warrant discounts | 1.3 | % | 4.0 | % | ||||
| Fair value of note payable conversion discounts | 0.7 | % | - | % | ||||
| Other | - | % | (0.1 | )% | ||||
| Effective tax rate | 0.0 | % | 0.0 | % | ||||
As of December 31, 2016, the Company had federal and state tax net operating loss carryforwards of approximately $91,607,000 and $97,352,000, respectively. The state tax net operating loss carryforward consists of $92,084,000 for California purposes and $5,268,000 for New Jersey purposes. The difference between the federal and state tax loss carryforwards was primarily attributable to the capitalization of research and development expenses for California franchise tax purposes. The federal and state net operating loss carryforwards will expire at various dates from 2017 through 2036. The Company also had federal and California research and development tax credit carryforwards that totaled approximately $2,093,000 and $1,146,000, respectively, at December 31, 2016. The federal research and development tax credit carryforwards will expire at various dates from 2017 through 2032. The California research and development tax credit carryforward does not expire and will carryforward indefinitely until utilized.
While the Company has not performed a formal analysis of the availability of its net operating loss carryforwards under Internal Revenue Code Sections 382 and 383, management expects that the Company’s ability to use its net operating loss carryforwards will be limited in future periods.