Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.0.6
Income Taxes
12 Months Ended
Dec. 31, 2012
Income Taxes [Abstract]  
Income Taxes
14. Income Taxes

 

As of December 31, 2012 and 2011, our deferred tax assets were approximately $33.7 million and $37.7 million, respectively. The components of our deferred tax assets are summarized as follows:

 

    As of December 31,  
    2012     2011  
Deferred tax assets:                
Net operating loss carryforwards   $ 24,767,569     $ 29,701,483  
R&D credit carryforwards     6,546,049       7,610,672  
Temporary differences     2,408,108       371,610  
Deferred tax assets before valuation allowance     33,721,726       37,683,765  
Valuation allowance     (33,721,726 )     (37,683,765 )
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, 2012 and 2011.

 

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, 2012.

 

As of December 31, 2012 and 2011, we had U.S. net operating loss carryforwards of approximately $80.9 million and $74.1 million, respectively. Of that amount, $14.1 million and $9.1 million relates to stock-based compensation tax deductions in excess of book compensation expense (APIC NOLs) as of December 31, 2012 and 2011, 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, 2012 and 2011, we had U.S. R&D credit carryforwards of approximately $6.5 million and $7.6 million, respectively.

 

U.S. net operating loss carryforwards of $20.8 million and $16.6 million and R&D credit carryforwards of $1.1 million and $346,000 expired during 2012 and 2011, respectively. The details of our U.S. net operating loss and R&D credit carryforward amounts and expiration dates are summarized as follows:

 

          As of December 31, 2012  
Generated     Expiration       U.S. Net Operating Loss Carryforwards       U.S. R&D Credit Carryforwards  
1998     2013     $ 17,142,781     $ 1,173,387  
1999     2014       --       130,359  
2000     2015       --       71,713  
2001     2016       --       39,128  
2002     2017       1,282,447       5,350  
2003     2018       337,714       2,905  
2004     2019       1,237,146       22,861  
2005     2020       3,246,062       218,332  
2006     2021       3,127,238       365,541  
2007     2022       2,863,443       342,898  
2008     2023       2,826,656       531,539  
2009     2024       13,753,769       596,843  
2010     2025       5,425,105       1,094,449  
2011     2026       1,904,744       1,950,744  
2012     2027       27,744,687       --  
Total carryforwards     $ 80,891,792     $ 6,546,049  

 

The American Taxpayer Relief Act of 2012 (the Act) cleared the House of Representatives and the Senate on January 2, 2013 and was signed into law by President Obama on January 2, 2013. The credit for certain research and experimentation expenses expired at the end of 2011. The act retroactively extends the credit through the end of 2013. Under current accounting guidelines, the effects of new legislation are recognized upon enactment and as such the Company has not included a 2012 R&D tax credit in the above table.

 

During the years ended December 31, 2012, 2011 and 2010, Cardiosonix recorded losses for financial reporting purposes of $14,000, $19,000 and $15,000, respectively. As of December 31, 2012 and 2011, 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, 2012 and 2011.

 

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. During 2010, we completed a Section 382 study and concluded that a Section 382 ownership change has not occurred. Based on changes in the Company's ownership in 2011 and 2012, we do not believe a Section 382 ownership change has occurred in such years 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,  
    2012     2011     2010  
    Amount     %     Amount     %     Amount     %  
Benefit at statutory rate   $ (9,913,450 )     (34.0 %)   $ (8,516,176 )     (34.0 %)   $ (19,122,958 )     (34.0 %)
Adjustments to valuation allowance     9,668,770       33.2 %     --       --       3,410,056       6.1 %
Loss on extinguishment of debt     --       --       --       --       14,179,468       25.2 %
Permanent items and other     244,680       0.8 %     636,033       2.5 %     (601,469 )     (1.1 %)
Benefit per financial statements   $ --             $ (7,880,143 )           $ (2,134,903 )