Annual report pursuant to Section 13 and 15(d)

Note 17 - Income Taxes

v3.19.1
Note 17 - Income Taxes
12 Months Ended
Dec. 31, 2018
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
1
7
.
Income Taxes
 
As of
December 31, 2018
and
2017,
our deferred tax assets (“DTAs”) were approximately
$41.6
million and
$39.7
million, respectively. The components of our deferred tax assets are summarized as follows:
 
   
As of December 31,
 
   
2018
   
2017
 
Deferred tax assets:
               
Net operating loss carryforwards
  $
29,597,313
    $
29,570,581
 
R&D credit carryforwards
   
9,067,874
     
10,043,714
 
AMT credit carryforward
   
621,240
     
1,229,979
 
Stock compensation
   
375,731
     
576,024
 
Intangibles
   
550,797
     
591,651
 
Gain/loss from discontinued operations
   
     
(2,510,699
)
Disallowed interest expense
   
878,929
     
 
Temporary differences
   
480,888
     
207,447
 
Deferred tax assets before valuation allowance
   
41,572,772
     
39,708,697
 
Valuation allowance
   
(40,951,532
)
   
(38,478,718
)
Net deferred tax assets
  $
621,240
    $
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, 2018
and
2017
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, 2018,
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, 2017. 
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
$1.2
million in other noncurrent assets in the consolidated balance sheet as of
December 31, 2017. 
The Company reclassified
50%
of the
$1.2
million noncurrent DTA to income tax receivable, which is included in prepaid and other current assets as of
December 31, 2018.
 
As of
December 31, 2018
and
2017,
we had U.S. net operating loss carryforwards of approximately
$130.9
million and
$131.8
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, 2018,
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, 2018
and
2017,
we also had state net operating loss carryforwards of approximately
$20.3
million and
$20.4
million, respectively. The state net operating loss carryforwards will begin expiring in
2032.
 
At
December 31, 2018
and
2017,
we had U.S. R&D credit carryforwards of approximately
$8.7
million and
$9.7
million, respectively.
 
There were
no
expirations of U.S. NOL carryforwards during
2018
or
2017.
 U.S. R&D credit carryforwards of
$1.2
million expired during
2018.
 There were
no
expirations of U.S. R&D credit carryforwards during
2017.
 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
8
 
Generated
 
Expiration
 
U.S.
Net
Operating
Loss
Carryforwards
   
U.S.
R&D
Credit
Carryforwards
 
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
   
18,684,249
     
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
 
Total carryforwards
  $
130,878,700
    $
8,678,986
 
 
During the year ended
December 31, 2017,
Cardiosonix recorded losses for financial reporting purposes of
$5,000.
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 a result 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:
 
   
2018
   
2017
 
   
Amount
   
%
   
Amount
   
%
 
Benefit at statutory rate
  $
(3,383,491
)
   
(21.0
)%
  $
(6,048,423
)
   
(34.0
)%
Adjustments to valuation allowance
   
2,458,580
     
15.3
%
   
(26,080,051
)
   
(146.6
)%
Adjustments to R&D credit carryforwards
   
975,840
     
6.1
%
   
(291,745
)
   
(1.6
)%
Tax law changes
   
     
     
28,731,045
     
161.5
%
Permanent items and other
   
(60,682
)
   
(0.3
)%
   
(373,315
)
   
(2.2
)%
Benefit per financial statements
  $
(9,753
)    
 
    $
(4,062,489
)
   
 
 
 
See Note
1
(p).