Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.7.0.1
Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes

As of December 31, 2016 and 2015, our deferred tax assets were approximately $79.1 million and $74.2 million, respectively. The components of our deferred tax assets are summarized as follows:

 

    As of December 31,
    2016   2015
Deferred tax assets:                
Net operating loss carryforwards   $ 66,150,646     $ 60,129,827  
R&D credit carryforwards     9,729,673       9,465,900  
Stock compensation     1,368,458       1,898,394  
Intangibles     1,720,761       1,921,934  
Temporary differences     132,475       801,002  
Deferred tax assets before valuation allowance     79,102,014       74,217,057  
Valuation allowance     (79,102,014 )     (74,217,057 )
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, 2016 and 2015.

 

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, 2016.

 

As of December 31, 2016 and 2015, we had U.S. net operating loss carryforwards of approximately $193.3 million and $177.6 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 both December 31, 2016 and 2015, 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, 2016 and 2015, we also had state net operating loss carryforwards of approximately $28.2 million and $24.7 million, respectively. The state net operating loss carryforwards will begin expiring in 2032.

 

At December 31, 2016 and 2015, we had U.S. R&D credit carryforwards of approximately $9.4 million and $9.1 million, respectively.

 

There were no expirations of U.S. net operating loss carryforwards or R&D credit carryforwards during 2016 or 2015. 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, 2016
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       681,772  
  2014       2034       34,088,874       816,116  
  2015       2035       25,073,846       492,732  
  2016       2036       15,581,209       358,404  
  Total carryforwards             $ 193,270,891     $ 9,363,081  

  

The credit for certain research and experimentation expenses expired at the end of 2014. The Protecting Americans From Tax Hikes Act of 2015 (the “Act”) was signed into law by President Obama on December 18, 2015. The Act extends the credit permanently.

 

During the years ended December 31, 2016, 2015 and 2014, Cardiosonix recorded losses for financial reporting purposes of $13,000, $11,000 and $15,000, respectively. As of December 31, 2016 and 2015, Cardiosonix had tax loss carryforwards in Israel of approximately $7.7 million and $7.6 million, respectively. 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 and the Company’s intent to dissolve Cardiosonix in the near term, all of the deferred tax assets have been fully offset by a valuation allowance at December 31, 2016 and 2015.

 

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,
    2016   2015   2014
    Amount   %   Amount   %   Amount   %
Benefit at statutory rate   $ (4,864,851 )     (34.0 )%   $ (9,777,786 )     (34.0 )%   $ (12,147,068 )     (34.0 )%
Adjustments to valuation allowance     4,838,082       33.8 %     9,728,667       33.8 %     12,925,380       36.2 %
Adjustments to R&D credit
   carryforwards
    (239,049 )     (1.6 )%     (612,087 )     (2.1 )%     (340,886 )     (1.0 )%
Disqualified debt interest     188,060       1.3 %     438,007       1.5 %     —         0.0 %
Permanent items and other     77,758       0.5 %     (212,852 )     (0.7 )%     (437,426 )     (1.2 )%
Benefit per financial statements   $ —               $ (436,051 )           $ —