Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.6.0.2
Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes
15. Income Taxes
 
The domestic and foreign components of pre-tax loss for the years ended December 31, 2016, 2015, and 2014 were as follows:
 
 
 
Years Ended December 31,
 
 
 
2016
 
 
2015
 
 
2014
 
Domestic
 
$
(21,458)
 
 
$
(19,918)
 
 
$
(33,750)
 
Foreign
 
 
(2,012)
 
 
 
328
 
 
 
113
 
Loss before income taxes
 
$
(23,470)
 
 
$
(19,590)
 
 
$
(33,637)
 
 
The Company had no current or deferred federal and state income tax expense or benefit for the years ended December 31, 2016, 2015, and 2014 because the Company generated net operating losses, and currently management does not believe it is more likely than not that the net operating losses will be realized. The Company’s non-U.S. tax obligation is primarily for business activities conducted through the United Kingdom for which taxes included in other expense, net for the years ended December 31, 2016, 2015, and 2014 were immaterial and accordingly, such amounts were excluded from the following tables.
 
Income tax expense (benefit) for the years ended December 31, 2016, 2015, and 2014 differed from the amounts computed by applying the statutory federal income tax rate of 34% to pretax income (loss) as a result of the following: 
 
 
 
Years Ended December 31,
 
 
 
2016
 
 
2015
 
 
2014
 
Federal tax at statutory rate
 
 
34.0
%
 
 
34.0
%
 
 
34.0
%
State tax, net of federal tax effect
 
 
-
 
 
 
-
 
 
 
1.5
 
R&D credit
 
 
0.9
 
 
 
0.5
 
 
 
0.3
 
Change in valuation allowance
 
 
(40.8)
 
 
 
(38.4)
 
 
 
(18.9)
 
Non- deductible expenses
 
 
(0.2)
 
 
 
(1.0)
 
 
 
(.2)
 
Unrealized (gain) loss on warrant
 
 
6.2
 
 
 
4.3
 
 
 
 
 
Foreign
 
 
(0.4)
 
 
 
0.5
 
 
 
(0.1)
 
Other
 
 
0.3
 
 
 
0.1
 
 
 
0.1
 
Total tax expense
 
 
-
%
 
 
-
%
 
 
-
%
 
The tax effects of temporary differences and related deferred tax assets and liabilities as of December 31, 2016 and 2015 were as follows:
 
 
 
December 31,
 
 
 
2016
 
 
2015
 
Deferred tax assets:
 
 
 
 
 
 
 
 
Depreciation and other
 
$
61
 
 
$
-
 
Net operating loss carryforwards
 
 
35,647
 
 
 
26,826
 
Unused R& D tax credits
 
 
872
 
 
 
530
 
Accruals & reserves
 
 
951
 
 
 
317
 
Deferred Revenue
 
 
246
 
 
 
693
 
Stock Compensation
 
 
2,430
 
 
 
1,222
 
Other
 
 
86
 
 
 
43
 
Deferred tax liabilities:
 
 
 
 
 
 
 
 
Depreciation and other
 
 
-
 
 
 
(220)
 
Prepaid expenses
 
 
(168)
 
 
 
(113)
 
Less: Valuation allowance
 
 
(40,125)
 
 
 
(29,298)
 
Net deferred tax asset (liability)
 
$
-
 
 
$
-
 
 
The Company’s accounting for deferred taxes involves the evaluation of a number of factors concerning the realizability of the Company’s net deferred tax assets. The Company primarily considered such factors as the Company’s history of operating losses; the nature of the Company’s deferred tax assets and the timing, likelihood and amount, if any, of future taxable income during the periods in which those temporary differences and carryforwards become deductible. At present, the Company does not believe that it is more likely than not that the deferred tax assets will be realized; accordingly, a full valuation allowance was established and no deferred tax assets were shown in the accompanying balance sheets. The valuation allowance increased by $10,827 and $7,983 during the years ended December 31, 2016 and 2015, respectively.
 
As of December 31, 2016 the Company had federal net operating loss carryforwards of $93,749. The Company also had federal research and development tax credit carryforwards of $818. The net operating loss and tax credit carryforwards will expire at various dates beginning in 2027, if not utilized.
 
As of December 31, 2016, the Company had state net operating loss carryforwards of $76,263, which will begin to expire in 2017. The Company also had state research and development tax credit carryforwards of $524, which have no expiration.
 
As of December 31, 2016, the Company had foreign net operating loss carryforwards of $2,012. The foreign net operating loss carryforwards do not expire.
 
As of December 31, 2016, $1,684 of federal and $657 of state net operating loss is attributable to stock-based compensation deductions in excess of book expense. Upon adoption of ASU 2016-09-Compensation-Stock Compensation, the benefit of the tax deduction related to these options will not affect retained earnings if the Company is applying a full valuation allowance against the deferred tax assets, as is the Company’s current policy.
 
Utilization of the Company’s net operating losses and credit carryforwards may be subject to annual limitations in the event of a Section 382 ownership change. Such future limitations could result in the expiration of net operating losses and credit carryforwards before utilization as a result of such an ownership change.
 
A reconciliation of the beginning and ending amount of unrecognized tax benefits were as follows:
 
Balance at December 31, 2013
 
$
93
 
Increase of unrecognized tax benefits taken in prior years
 
 
4
 
Increase of unrecognized tax benefits related to current year
 
 
46
 
Balance at December 31, 2014
 
 
143
 
Decrease of unrecognized tax benefits taken in prior years
 
 
(19)
 
Increase of unrecognized tax benefits related to current year
 
 
75
 
Balance at December 31, 2015
 
 
199
 
Increase of unrecognized tax benefits taken in prior years
 
 
4
 
Increase of unrecognized tax benefits related to current year
 
 
132
 
Balance at December 31, 2016
 
$
335
 
 
If the Company eventually is able to recognize these uncertain tax positions, the unrecognized tax benefits would not reduce the effective tax rate if the Company is applying a full valuation allowance against the deferred tax assets, as is the Company’s current policy.
 
The Company had not incurred any material tax interest or penalties as of December 31, 2016. The Company does not anticipate any significant change within 12 months of this reporting date of its uncertain tax positions. The Company is subject to taxation in the United States, the United Kingdom, Germany, and various states jurisdictions. There are no other ongoing examinations by taxing authorities at this time. The Company’s tax years 2007 through 2016 will remain open for examination by the federal and state authorities for three and four years, respectively, from the date of utilization of any net operating loss credits.