Annual report pursuant to Section 13 and 15(d)

Income Taxes

Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

13. Income Taxes


In accordance with the authoritative guidance for income taxes under ASC 740, a deferred tax asset or liability is determined based on the difference between the financial statement and the tax basis of assets and liabilities as measured by the enacted tax rates, which will be in effect when these differences reverse. The Company provides a valuation allowance against net deferred tax assets unless, based upon the available evidence, it is more likely than not that the deferred tax assets will be realized.


The Company recognizes the impact of a tax position in the consolidated financial statements only if that position is more likely than not of being sustained upon examination by taxing authorities, based on the technical merits of the position. The Company’s practice is to recognize interest and/or penalties related to income tax matters as income tax expense.


The Company is subject to taxation and files income tax returns in the United States and various state jurisdictions. All tax years from inception to date are subject to examination by the U.S. and state tax authorities due to the carry-forward of unutilized net operating losses and research and development credits. Currently, no years are under examination.


A reconciliation of income tax expense (benefit) for the years ended December 31, 2019 and 2018 is as follows (in thousands):


    2019     2018  
Federal   $ -     $ -  
State     -       -  
Total current income tax expense     -       -  
Federal     -       (10,347 )
State     -       (3,235 )
Total deferred income tax benefit     -       (13,582 )
Total income tax benefit   $ -     $ (13,582 )


Significant components of the Company’s deferred income taxes at December 31, 2019 and 2018 are shown below (in thousands):


    2019     2018  
Deferred tax assets:                
Net operating loss carryforwards (i)(ii)   $ 15,406     $ 16,849  
Compensation     762       819  
Research and development tax credits (iii)     1,996       2,023  
Property and equipment     (9 )     4  
Other     121       84  
Total deferred tax assets, gross     18,425       19,779  
Deferred tax liabilities:                
Acquired in-process research and development     -       -  
Total deferred taxes, net     18,425       19,779  
Valuation allowance     (18,425 )     (19,779 )
Deferred tax liability, net   $ -     $ -  


Balances of deferred tax assets as of December 31, 2019 and 2018, include the following, respectively:


  (i) California net operating loss carryforwards of $0 and $1,190,000,
  (ii) Georgia net operating loss carry forwards of $0 and $543,000,
  (iii) California research and development tax credits of $0 and $203,000.
  (iv) Florida net operating loss carryforwards of $35,000 and $28,000.


The Company has established a valuation allowance against net deferred tax assets due to the uncertainty that such assets will be realized. The Company periodically evaluates the recoverability of the deferred tax assets. At such time as it is determined that it is more likely than not that deferred tax assets will be realizable, the valuation allowance will be reduced.


At December 31, 2019, the Company has federal and state net operating losses, or NOL, carryforwards of approximately $72,100,000 and $1,000,000, respectively. The federal and Florida loss generated after 2017 of $10,500,000 and $1,000,000, respectively, will carryforward indefinitely and be available to offset up to 80% of future taxable income each year. The federal NOL carryforwards begin to expire in 2026.


At December 31, 2019, the Company had federal and state capital loss carryforwards of approximately $2,000,000 that expire in 2028.


At December 31, 2019, the Company had federal and state capital loss carryforwards of approximately $1,070,000 that expire in 2023.


The above NOL carryforward and the3 research tax credit carryforward may be subject to an annual limitation under the Section 382 and 383 of the Internal Revenue Code of 1986, and similar state provisions if the Company experienced one or more ownership changes, which would limit the amount of NOL and tax credit carryforwards that can be utilized to offset future taxable income and tax, respectively. In general, an ownership change, as defined by Section 382 and 383, results from transactions increasing ownership of certain stockholders or public groups in the stock of the corporation by more than 50 percentage points over a three-year period. The Company has not completed an IRC Section 382/382 analysis. If a change in ownership were to have occurred, NOL and tax credits carryforwards could be eliminated or restricted. If eliminated, the related asset would be removed from the deferred tax asset schedule with a corresponding reduction in the valuation allowance.


A reconciliation of the federal statutory income tax rate to the Company’s effective income tax rate is as follows:


    2019     2018  
Statutory federal income tax rate     21.0 %     21.0 %
Goodwill impairment     (20.1 )%     0.0 %
Change in valuation allowance     3.1 %     (3.1) %
Other tax, credit and adjustments     (4.0 )%     (3.8 )%
Effective income tax rate     0.0 %     21.7 %


In December 2017, the Tax Cuts and Jobs Act (the “2017 Tax Act”) was enacted. The 2017 Tax Act includes a number of changes to existing U.S. tax laws that impact the Company, most notably a reduction of the U.S. corporate income tax rate from 35 percent to 21 percent for tax years beginning after December 31, 2017. The 2017 Tax Act also provides for the acceleration of depreciation for certain assets placed in service after September 27, 2017, as well as prospective changes beginning in 2018, including additional limitations on executive compensation, on the deductibility of interest, and on capitalization of research and development expenditures.


In December 2017, the SEC issued Staff Accounting Bulletin No. 118 (“SAB 118”), which provides guidance on accounting for the income tax effects of the 2017 Tax Act. SAB 118 provides a measurement period that should not extend beyond one year from the 2017 Tax Act enactment date for companies to complete the accounting relating to the 2017 Tax Act under Accounting Standards Codification Topic 740, Income Taxes (“ASC 740”). In accordance with SAB 118, an entity must reflect the income tax effects of those aspects of the 2017 Tax Act for which the accounting under ASC 740 is complete. To the extent that an entity’s accounting for 2017 Tax Act related income tax effects is incomplete, but the entity is able to determine a reasonable estimate, it must record a provisional estimate in its financial statements.