Annual report pursuant to Section 13 and 15(d)

Income Taxes

Income Taxes
12 Months Ended
Dec. 31, 2017
Income Tax Disclosure [Abstract]  
Income Taxes

NOTE L – Income Taxes


The Company utilizes the liability method of accounting for deferred income taxes. Under this method, deferred tax liabilities and assets are recognized for the expected future tax consequences of temporary differences between the carrying amounts and the tax basis of assets and liabilities. A valuation allowance is established against deferred tax assets when, based on the weight of available evidence, it is more likely than not that some or all of the deferred tax assets will not be realized. The Company’s policy is to record interest and penalties on uncertain tax positions as income tax expense. As of December 31, 2017 and December 31, 2016, the Company does not believe any material uncertain tax positions were present. Accordingly, interest and penalties have not been accrued due to an uncertain tax position.


The components of the provision for income taxes is as follows:


    Year Ended December 31,  
($ In Thousands)   2017     2016  
Current expense (benefit):                
Federal   $ -     $ -  
State     -       -  
Foreign     -       -  
Total current expense (benefit):   $ -     $ -  
Deferred expense (benefit):                
Federal   $ (392,259 )   $ -  
State     35,303       -  
Foreign     -          
Total deferred benefit:   $ (356,956 )   $ -  
Total income tax benefit:   $ (356,956 )   $ -  


Deferred income taxes reflect the net effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. A reconciliation of the statutory U.S. federal rate to the Company’s effective tax rate is as follows:


    Year Ended December 31,  
(In Thousands)   2017     2016  
Income at US Statutory Rate     34.00 %     34.00 %
State Taxes, net of Federal benefit                
Permanent Differences     -4.55 %     -3.90 %
Tax Credits     1.07 %     3.40 %
Tax Law Change     -20.14 %        
Foreign Rate Differential                
Valuation Allowance     -8.13 %     -33.50 %
      2.25 %     0.00 %


The Company has no current income taxes payable other than certain state minimum taxes which are included in general and administrative expenses.


Significant components of the Company’s deferred tax assets (liabilities) for 2017 and 2016 consist of the following:


    Year Ended December 31,  
($ In Thousands)   2017     2016  
Sharebased Compensation   $ 498     $ 549  
Depreciation and Amortization   $ (1 )     12  
Warrants   $ -       43  
Accrued Liability   $ 202       253  
Net Operating Loss Carry-forwards   $ 8,871       9,068  
Federal R&D Credit Carryforwards   $ 849       804  
Other   $ 154       2  
IPR&D   $ (848 )     (1,205 )
Total deferred tax assets   $ 9,725     $ 9,526  
Valuation allowance     (10,573 )     (10,731 )
Net deferred tax (liability)   $ (848 )   $ (1,205 )


On December 22, 2017, the Tax Cuts and Jobs Act (“The Act”), was signed into law by President Trump. The Act includes a number of provisions, including the lowering of the U.S. corporate tax rate from 35 percent to 21 percent, effective January 1, 2018 and the establishment of a territorial-style system for taxing foreign-source income of domestic multinational corporations. The Company is in the process of quantifying the tax impacts of The Act. As a result of The Act the Company expects there will be one-time adjustments for the re-measurement of deferred tax assets (liabilities). Given the Company’s valuation allowance, the Company does not expect the adjustment to materially impact the Company’s income tax provision or balance sheet. The Company is in the process of quantifying the impact of the Act and will record any adjustments in accordance with the guidance provided in SAB118.


In assessing the realizability of deferred tax assets, the Company 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 taxable income during the periods in which the temporary differences representing net future deductible amounts become deductible, and is impacted by the Company’s ability to carryback losses to previous years in which the Company had taxable income. Due to the Company’s history of losses and lack of other positive evidence to support taxable income, the Company has recorded a valuation allowance against those deferred tax assets that are not expected to be realized. The valuation allowance was approximately $10.6 million and $10.7 million as of December 31, 2017 and 2016, respectively, representing a increase of $0.2 million.


As of December 31, 2017, the Company had Federal net operating loss carryforwards of $37.9 million. The Company also had federal and state research and development tax credit carryforwards of $876 thousand. The federal net operating loss and tax credit carryforwards will expire at various dates beginning in 2033, if not utilized. The difference between the statutory tax rate and the effective tax rate is primarily attributable to the valuation allowance offsetting deferred tax assets.


In December 2017, the Company recognized a tax benefit of approximately $637 thousand in connection with the sale of state net operating losses and state research and development credits to a third party under the New Jersey Technology Business Tax Certificate Program. The previous year’s tax benefit was approximately $675 thousand.


Utilization of the net operating losses and general business tax credits carryforwards may be subject to a substantial limitation under Sections 382 and 383 of the Internal Revenue Code of 1986 due to changes in ownership of the Company that have occurred previously or that could occur in the future. These ownership changes may limit the amount of net operating losses and general business tax credits carryforwards that can be utilized annually to offset future taxable income and tax, respectively. In general, an ownership change, as defined by Section 382, results from transactions increasing the ownership of certain stockholders or public groups in the stock of a corporation by more than 50 percentage points over a three-year period. The Company has not completed a study to determine whether it had undergone an ownership change since the Company’s inception.