Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.3.1.900
Income Taxes
12 Months Ended
Dec. 31, 2015
Income Tax Disclosure [Abstract]  
Income Taxes

 

16.

Income Taxes

As of December 31, 2015 and 2014, our deferred tax assets were approximately $74.2 million and $63.2 million, respectively.  The components of our deferred tax assets are summarized as follows:

 

 

 

As of December 31,

 

 

 

2015

 

 

2014

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

60,129,827

 

 

$

50,117,798

 

R&D credit carryforwards

 

 

9,465,900

 

 

 

8,394,408

 

Stock compensation

 

 

1,898,394

 

 

 

1,849,847

 

Intangibles

 

 

1,921,934

 

 

 

1,931,193

 

Temporary differences

 

 

801,002

 

 

 

910,354

 

Deferred tax assets before valuation allowance

 

 

74,217,057

 

 

 

63,203,600

 

Valuation allowance

 

 

(74,217,057

)

 

 

(63,203,600

)

Net deferred tax assets

 

$

 

 

$

 

 

Current accounting standards require a valuation allowance against deferred tax assets if, based on the weight of available evidence, it is more likely than not that some or all of the deferred tax assets may not be realized.  Due to the uncertainty surrounding the realization of these deferred tax assets in future tax returns, all of the deferred tax assets have been fully offset by a valuation allowance at December 31, 2015 and 2014.

In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized.  The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible.  Management considers the scheduled reversal of deferred tax liabilities (including the impact of available carryback and carryforward periods), projected future taxable income, and tax-planning strategies in making this assessment.  Based upon the level of historical taxable income and projections for future taxable income over the periods in which the deferred tax assets are deductible, management believes it is more likely than not that the Company will not realize the benefits of these deductible differences or tax carryforwards as of December 31, 2015.

As of December 31, 2015 and 2014, we had U.S. net operating loss carryforwards of approximately $177.6 million and $153.1 million, respectively.  Of those amounts, $15.3 million and $15.3 million relates to stock-based compensation tax deductions in excess of book compensation expense (APIC NOLs) as of December 31, 2015 and 2014, respectively, that will be credited to additional paid-in capital when such deductions reduce taxes payable as determined on a "with-and-without" basis.  Accordingly, these APIC NOLs will reduce federal taxes payable if realized in future periods, but NOLs related to such benefits are not included in the table above.

At December 31, 2015 and 2014, we had U.S. R&D credit carryforwards of approximately $9.1 million and $8.0 million, respectively.

There were no expirations of U.S. net operating loss carryforwards or R&D credit carryforwards during 2015 or 2014.  The details of our U.S. net operating loss and federal R&D credit carryforward amounts and expiration dates are summarized as follows:

 

 

 

 

 

As of December 31, 2015

 

Generated

 

Expiration

 

U.S. Net

Operating

Loss

Carryforwards

 

 

U.S. R&D

Credit

Carryforwards

 

1998

 

2018

 

$

17,142,781

 

 

$

1,173,387

 

1999

 

2019

 

 

 

 

 

130,359

 

2000

 

2020

 

 

 

 

 

71,713

 

2001

 

2021

 

 

 

 

 

39,128

 

2002

 

2022

 

 

1,282,447

 

 

 

5,350

 

2003

 

2023

 

 

337,714

 

 

 

2,905

 

2004

 

2024

 

 

1,237,146

 

 

 

22,861

 

2005

 

2025

 

 

2,999,083

 

 

 

218,332

 

2006

 

2026

 

 

3,049,735

 

 

 

365,541

 

2007

 

2027

 

 

2,842,078

 

 

 

342,898

 

2008

 

2028

 

 

2,777,503

 

 

 

531,539

 

2009

 

2029

 

 

13,727,950

 

 

 

596,843

 

2010

 

2030

 

 

5,397,680

 

 

 

1,094,449

 

2011

 

2031

 

 

1,875,665

 

 

 

1,950,744

 

2012

 

2032

 

 

28,406,659

 

 

 

468,008

 

2013

 

2033

 

 

37,450,522

 

 

 

374,406

 

2014

 

2034

 

 

34,088,874

 

 

 

648,252

 

2015

 

2035

 

 

24,971,225

 

 

 

1,087,317

 

Total carryforwards

 

$

177,587,062

 

 

$

9,124,032

 

 

As of December 31, 2015 and 2014, we also had state net operating loss carryforwards of approximately $24.7 million and $16.9 million, respectively.  The state net operating loss carryforwards will begin expiring in 2032.

As of December 31, 2015 and 2014, Cardiosonix had tax loss carryforwards in Israel of approximately $7.6 million.  Under current Israeli tax law, net operating loss carryforwards do not expire.  Due to the uncertainty surrounding the realization of the related deferred tax assets in future tax returns, all of the deferred tax assets have been fully offset by a valuation allowance at December 31, 2015 and 2014.

Under Sections 382 and 383 of the IRC of 1986, as amended, the utilization of U.S. net operating loss and R&D tax credit carryforwards may be limited under the change in stock ownership rules of the IRC.  The Company previously completed a Section 382 analysis in 2013 and does not believe a Section 382 ownership change has occurred since then that would impact utilization of the Company’s net operating loss and R&D tax credit carryforwards.

Reconciliations between the statutory federal income tax rate and our effective tax rate for continuing operations are as follows:

 

 

 

Years Ended December 31,

 

 

 

2015

 

 

2014

 

 

2013

 

 

 

Amount

 

 

%

 

 

Amount

 

 

%

 

 

Amount

 

 

%

 

Benefit at statutory rate

 

$

(9,777,786

)

 

 

(34.0

)%

 

$

(12,147,068

)

 

 

(34.0

)%

 

$

(14,517,816

)

 

 

(34.0

)%

Adjustments to valuation allowance

 

 

9,728,667

 

 

 

33.8

%

 

 

12,925,380

 

 

 

36.2

%

 

 

15,399,021

 

 

 

36.1

%

Adjustments to R&D credit

   carryforwards

 

 

(612,087

)

 

 

(2.1

)%

 

 

(340,886

)

 

 

(1.0

)%

 

 

(842,414

)

 

 

(2.0

)%

Disqualified debt interest

 

 

438,007

 

 

 

1.5

%

 

 

 

 

 

0.0

%

 

 

 

 

 

0.0

%

Permanent items and other

 

 

(212,852

)

 

 

(0.7

)%

 

 

(437,426

)

 

 

(1.2

)%

 

 

(38,791

)

 

 

(0.1

)%

Benefit per financial statements

 

$

(436,051

)

 

 

 

 

 

$

 

 

 

 

 

 

$