The Company follows the provisions of ASC Topic 740, “Income Taxes,” and recognizes the financial statement benefit of a tax position only after determining that the relevant tax authority would more likely than not sustain the position following an audit. For tax positions meeting the more-likely-than-not threshold, the amount recognized in the consolidated financial statements is the largest benefit that has a greater than 50 percent likelihood of being realized upon settlement with the relevant tax authority. The Company applies ASC Topic 740 to all tax positions for which the statute of limitations remains open.
The Company has identified its federal tax return and its state tax return in North Carolina as “major” tax jurisdictions. Based on the Company’s evaluation, it has been concluded that there are no significant uncertain tax positions requiring recognition in the Company’s consolidated financial statements. The evaluation was performed for the tax years 2015 through 2017, and may be subject to audits for amounts related to net operating loss carryforwards generated in periods prior to December 31, 2014. The Company believes that its income tax positions and deductions will be sustained on audit and does not anticipate any adjustments that will result in a material change to its financial position. The tax returns for the prior three years are generally subject to review by federal and state taxing authorities.
The Company’s policy for recording interest and penalties associated with audits is to record such items as a component of income tax expense. There were no amounts accrued for penalties and interest as of or during the period for the tax years 2017 and 2016. The Company does not expect its uncertain tax position to change during the next twelve months. Management is currently unaware of any issues under review that could result in significant payment, accruals or material deviations from its position.
A reconciliation of expected income tax at the statutory federal rate with the actual income tax provision is as follows for the years ended December 31 (in thousands):
| 2017 | 2016 | |||||||
| Expected income tax benefit at statutory rate (34%) | $ | (711 | ) | $ | (1,329 | ) | ||
| State taxes, net of federal tax benefit | (85 | ) | (160 | ) | ||||
| Effect of change in valuation allowance | (17,483 | ) | (1,249 | ) | ||||
| Non-deductible expenses | 1 | 1 | ||||||
| Change in state tax rate | — | 2,737 | ||||||
| Impact of tax rate change | 18,278 | — | ||||||
| Total | $ | — | $ | — | ||||
Significant components of the net deferred tax asset at December 31 were as follows:
| 2017 | 2016 | |||||||
| Accrued expenses, non-tax deductible | $ | 5 | $ | 15 | ||||
| Deferred revenue | 118 | 281 | ||||||
| Contingent payments | (538 | ) | (788 | ) | ||||
| Stock compensation expense | 403 | 593 | ||||||
| Loss carryforwards | 37,935 | 54,802 | ||||||
| Depreciation and amortization | 933 | 1,436 | ||||||
| 38,856 | 56,339 | |||||||
| Less: valuation allowance | (38,856 | ) | (56,339 | ) | ||||
| $ | — | $ | — | |||||
As of December 31, 2017, we had federal and state net operating loss carryforwards of approximately $146,433,000. The associated deferred tax asset related to these federal and state net operating loss carryforwards was $37,935,000. The net operating loss carryforwards expire between 2018 and 2037. The value of these carryforwards depends on our ability to generate taxable income. As of December 31, 2017 and 2016, we had deferred tax assets of $38,856,000 and $56,339,000 upon which we had a full valuation allowance. The net change in the valuation allowance of $18,300,000 for both federal and state deferred tax assets were due to the impact of the tax rate change.
A valuation allowance for deferred tax assets, including NOL carryforwards, is recognized when it is more-likely- than-not that all or some portion of the benefit from the deferred tax asset will not be realized. To assess that likelihood, we use estimates and judgment regarding our future taxable income, and we consider the tax consequences in the jurisdiction where such taxable income is generated, to determine whether a valuation allowance is required. Such evidence can include our current financial position, our results of operations, both actual and forecasted, the reversal of deferred tax liabilities, and tax planning strategies, as well as the current and forecasted business economics of our industry. Management assesses all available positive and negative evidence to estimate whether sufficient future taxable income will be generated to permit the use of deferred tax assets. A significant piece of objectively verifiable negative evidence is the cumulative loss incurred over the three-year period ending December 31, 2017. Such objective negative evidence limits our ability to consider various forms of subjective positive evidence, such as our projections for future income. Accordingly, management has not changed its judgement with respect to the need for a valuation allowance against substantially all of our net deferred tax asset position. The amount of the deferred tax asset considered realizable, however, could be adjusted if estimates of future taxable income are increased or if objective negative evidence in the form of cumulative losses is no longer present and additional weight is given to subjective positive evidence such as future expected growth.
The Company provided a full valuation allowance on the total amount of its deferred tax assets at December 31, 2017 and 2016 since management does not believe that it is more likely than not that these assets will be realized.
On December 22, 2017, the Tax Cuts and Jobs Act of 2017 (the “Act”) was signed into law making significant changes to the Internal Revenue Code. Changes include, but are not limited to, a corporate tax rate decrease from 35% to 21% effective for tax years beginning after December 31, 2017, the transition of U.S international taxation from a worldwide tax system to a territorial system, and a one-time transition tax on the mandatory deemed repatriation of cumulative foreign earnings as of December 31, 2017. As a result of The Act, the Company recorded one-time adjustments for the re-measurement of deferred tax assets (liabilities). Given the Company's full valuation allowance as of December 31, 2017, the adjustment does not materially impact the Company's income tax provision or balance sheet.
As of December 31, 2017, the valuation allowance of $38,900,000 related primarily to net operating losses not likely to be realized. The Company re-measured these non-current assets and liabilities at the applicable tax rate of 21% in accordance with the Tax Cuts and Jobs Act of 2017. The re-measurement resulted in a total decrease in these assets of $18,300,000.