Annual report pursuant to Section 13 and 15(d)

Note 16 - Income Taxes

v3.20.1
Note 16 - Income Taxes
12 Months Ended
Dec. 31, 2019
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
1
6
.
Income Taxes
 
As of
December 31, 2019
and
2018,
our deferred tax assets (“DTAs”) were approximately
$43.6
million and
$41.6
million, respectively. The components of our deferred tax assets are summarized as follows:
 
   
As of December 31,
 
   
201
9
   
201
8
 
Deferred tax assets:
               
Net operating loss carryforwards
  $
31,966,658
    $
29,597,313
 
R&D credit carryforwards
   
9,150,580
     
9,067,874
 
AMT credit carryforward
   
310,620
     
621,240
 
Stock compensation
   
382,016
     
375,731
 
Intangibles
   
610,783
     
550,797
 
Disallowed interest expense
   
857,648
     
878,929
 
Temporary differences
   
333,728
     
480,888
 
Deferred tax assets before valuation allowance
   
43,612,033
     
41,572,772
 
Valuation allowance
   
(43,301,413
)
   
(40,951,532
)
Net deferred tax assets
  $
310,620
    $
621,240
 
 
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, 2019
and
2018
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) and projected future taxable income 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, 2019,
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 reduced the U.S. federal corporate tax rate from
35%
to
21%,
effective
January 1, 2018.
Consequently, we 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, 2018.
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%
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
$621,000
and
$1.2
million as of
December 31, 2019
and
2018,
respectively,
50%
of which was included in prepaid and other current assets, and
50%
of which was included in other noncurrent assets as of
December 31, 2019
and
2018.
 
As of
December 31, 2019
and
2018,
we had U.S. net operating loss carryforwards of approximately
$142.2
million and
$130.9
million, respectively. Of those amounts,
$15.1
million relates to stock-based compensation tax deductions in excess of book compensation expense (“APIC NOLs”) as of
December 31, 2019,
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 thereby eliminated all APIC NOLs with a full offset to a valuation allowance.
 
As of
December 31, 2019
and
2018,
we also had state net operating loss carryforwards of approximately
$20.1
million and
$20.3
million, respectively. The state net operating loss carryforwards will begin expiring in
2032.
 
At
December 31, 2019
and
2018,
we had U.S. R&D credit carryforwards of approximately
$8.8
million and
$8.7
million, respectively.
 
There were
no
expirations of U.S. NOL carryforwards during
2019
or
2018.
U.S. R&D credit carryforwards of
$130,000
and
$1.2
million expired during
2019
and
2018,
respectively. 
 
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, 201
9
 
Generated
 
Expiration
   
U.S.
Net
Operating
Loss
Carryforwards
   
U.S.
R&D
Credit
Carryforwards
 
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
     
18,850,484
     
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
 
2018
 
2038
     
     
197,547
 
2019
 
 N/A
     
11,138,102
     
213,065
 
Total carryforwards
    $
142,183,037
    $
8,761,692
 
 
Under Sections
382
and
383
of the Internal Revenue Code (“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:
 
   
201
9
   
201
8
 
   
Amount
   
%
   
Amount
   
%
 
Benefit at statutory rate
  $
(2,299,122
)
   
(21.0
)%
  $
(3,383,491
)
   
(21.0
)%
Adjustments to valuation allowance
   
2,355,947
     
21.5
%
   
2,458,580
     
15.3
%
Adjustments to R&D credit carryforwards
   
(82,706
)
   
(0.8
)%
   
975,840
     
6.1
%
Permanent items and other
   
26,588
     
0.3
%
   
(60,682
)
   
(0.3
)%
Provision (benefit) per financial statements
  $
707
     
 
    $
(9,753
)
   
 
 
 
See Note
1
(p).