Annual report pursuant to Section 13 and 15(d)

Note 20 - Income Taxes

v3.8.0.1
Note 20 - Income Taxes
12 Months Ended
Dec. 31, 2017
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
20
.
Income Taxes
 
As of
December 31,
201
7
and
2016,
our deferred tax assets (“DTAs”) were approximately
$39.7
million and
$79.1
million, respectively. The components of our deferred tax assets are summarized as follows:
 
   
As of December 31,
 
   
2017
   
2016
 
Deferred tax assets:
               
Net operating loss carryforwards
  $
29,570,581
    $
66,150,646
 
R&D credit carryforwards
   
10,043,714
     
9,729,673
 
AMT credit carryforward
   
1,229,979
     
 
Stock compensation
   
576,024
     
1,368,458
 
Intangibles
   
591,651
     
1,720,761
 
Gain/loss from discontinued operations
   
(2,510,699
)
   
 
Temporary differences
   
207,447
     
132,476
 
Deferred tax assets before valuation allowance
   
39,708,697
     
79,102,014
 
Valuation allowance
   
(38,478,718
)
   
(79,102,014
)
Net deferred tax assets
  $
1,229,979
    $
 
 
Current accounting standards require a valuation allowance against
DTAs if, based on the weight of available evidence, it is more likely than
not
that some or all of the DTAs
may
not
be realized. Due to the uncertainty surrounding the realization of these DTAs in future tax returns, all of the DTAs have been fully offset by a valuation allowance at
December 31, 2017
and
2016
except the alternative minimum tax (“AMT”) credit carryforward amount described below.
 
In assessing the realizability of
DTAs, management considers whether it is more likely than
not
that some portion or all of the DTAs will
not
be realized. The ultimate realization of DTAs 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 DTAs 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, 2017
except for the AMT credit carryforward.
 
The Tax Cuts and Jobs Act (the “Tax Act”) was signed into law on
December 22, 2017.
The Tax Act reduces the U.S. federal corporate tax rate from
35%
to
21%,
effective
January 1, 2018.
Consequently, we have recorded a decrease related to
DTAs of
$26.4
million with a corresponding net adjustment to a valuation allowance of
$26.4
million for the year ended
December 31, 2017.
The impact of many provisions of the Tax Act lack clarity and is subject to interpretation until additional IRS guidance is issued. The ultimate impact of the Tax Act
may
differ from the Company’s estimates due to changes in the interpretations and assumptions made as well as any forthcoming regulatory guidance.
 
The Tax Act repeals the AMT for corporations, and permits any existing AMT credit carryforwards to be used to reduce the regular tax obligation in
2018,
2019
and
2020.
  Companies
may
continue using AMT credits to offset any regular income tax liability in years
2018
through
2020,
with
50
percent of remaining AMT credits refunded in each of the
2018,
2019
and
2020
tax years, and all remaining credits refunded in tax year
2021.
  This results in full realization of an existing AMT credit carryforward irrespective of future taxable income.  Accordingly, the Company recorded AMT credit carryforwards of
$1.2
million in other noncurrent assets in the consolidated balance sheet as of
December 31, 2017.
 
As of
December 31,
201
7
and
2016,
we had U.S. net operating loss carryforwards of approximately
$131.8
million and
$193.3
million, respectively. Of those amounts,
$15.3
million relates to stock-based compensation tax deductions in excess of book compensation expense (“APIC NOLs”) as of
December 31, 2016,
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. As of
December 31, 2017,
we adopted ASU
2016
-
09
and as such eliminated all APIC NOLs with a full offset to a valuation allowance.
 
As of
December 31,
201
7
and
2016,
we also had state net operating loss carryforwards of approximately
$20.4
million and
$28.2
million, respectively. The state net operating loss carryforwards will begin expiring in
2032.
 
At
December 31,
201
7
and
2016,
we had U.S. R&D credit carryforwards of approximately
$9.7
million and
$9.4
million, respectively.
 
There were
no
expirations of
U.S. net operating loss carryforwards or R&D credit carryforwards during
2017
or
2016.
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, 2017
 
Generated
 
Expiration
 
U.S.
Net
Operating
Loss
Carryforwards
   
U.S.
R&D
Credit
Carryforwards
 
1998
 
2018
  $
    $
1,173,387
 
1999
 
2019
   
     
130,359
 
2000
 
2020
   
     
71,713
 
2001
 
2021
   
     
39,128
 
2002
 
2022
   
     
5,350
 
2003
 
2023
   
     
2,905
 
2004
 
2024
   
     
22,861
 
2005
 
2025
   
     
218,332
 
2006
 
2026
   
     
365,541
 
2007
 
2027
   
     
342,898
 
2008
 
2028
   
     
531,539
 
2009
 
2029
   
     
596,843
 
2010
 
2030
   
     
1,094,449
 
2011
 
2031
   
     
1,950,744
 
2012
 
2032
   
19,577,479
     
468,008
 
2013
 
2033
   
37,450,522
     
681,772
 
2014
 
2034
   
34,088,874
     
816,116
 
2015
 
2035
   
25,073,846
     
492,732
 
2016
 
2036
   
15,581,209
     
262,257
 
2017
 
2037
   
     
387,892
 
Total carryforwards
  $
131,771,930
    $
9,654,826
 
 
During the years ended
December 31,
201
7,
2016
and
2015,
Cardiosonix recorded losses for financial reporting purposes of
$5,000,
$13,000
and
$11,000,
respectively. As of
December 31, 2016,
Cardiosonix had tax loss carryforwards in Israel of approximately
$7.7
million. Under 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 and the Company’s intent to dissolve Cardiosonix in the near term, all of the deferred tax assets were fully offset by a valuation allowance at
December 31, 2016.
Cardiosonix was legally dissolved in
September 2017
and as such we eliminated all tax loss carryforwards with a full offset to a valuation allowance.
 
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 completed a Section
382
analysis in
2017
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,
 
   
2017
   
2016
   
2015
 
   
Amount
   
%
   
Amount
   
%
   
Amount
   
%
 
Benefit at statutory rate
  $
(6,048,423
)
   
(34.0
)%
  $
(2,508,264
)
   
(34.0
)%
  $
(7,835,163
)
   
(34.0
)%
Adjustments to valuation allowance
   
(26,080,051
)
   
(146.6
)%
   
2,354,656
     
31.9
%
   
8,212,163
     
35.7
%
Adjustments to R&D credit carryforwards
   
(291,745
)
   
(1.6
)%
   
(239,049
)
   
(3.2
)%
   
(612,087
)
   
(2.7
)%
Disqualified debt interest
   
     
0.0
%
   
188,060
     
2.5
%
   
438,007
     
1.9
%
Tax law changes
   
28,731,045
     
161.5
%
   
     
0.0
%
   
     
0.0
%
Permanent items and other
   
(373,315
)
   
(2.2
)%
   
204,597
     
2.8
%
   
(202,920
)
   
(0.9
)%
Provision
per financial statements
  $
(4,062,489
)
   
 
    $
     
 
    $
     
 
 
 
See Note
1
(p).