(13)	Income Taxes

The provision for income taxes differs from the amount computed by applying the statutory rate as follows:

	Year Ended December 31,
(in thousands)	2013			2012			2011
Income taxes using U.S. federal statutory rate	$	(10,309	)	$	(17,621	)	$	(10,501	)
Amortization of gain on IP migration		781			754			–
State income taxes, net of federal benefit		(1,390	)		(4,299	)		(3,418	)
Foreign rate differential		2,761			3,716			52
Valuation allowance		7,683			17,561			20,563
Derivative charge		(937	)		(734	)		(5,292	)
Stock option exercises and cancellations		1,589			310			102
Research and development credits		(1,090	)		326			(1,633	)
Other		912			(13	)		127
Total	$	–		$	–		$	–

Significant components of the Company’s deferred tax assets are as follows:

(in thousands)	2013		2012
Deferred tax assets:
Employee compensation accruals	$	4,077	$	6,176
Accrued liabilities		870		299
Research tax credits		3,472		2,382
Other		79		31
Net operating losses		71,874		63,765
Total deferred tax assets		80,372		72,653

Deferred tax liability:
Total deferred tax liabilities		–		–

Valuation allowance		80,372		72,653
Net deferred tax assets	$	–	$	–

As of December 31, 2013 and December 31, 2012, the Company had net operating loss carryforwards for U.S. federal income tax purposes of approximately $158.4 million and $138.1 million, respectively. A portion of the federal amount, $8.6 million, is subject to an annual limitation of approximately $123,000 as a result of a change in the Company’s ownership through May 2003, as defined by Federal Internal Revenue Code Section 382 and the related income tax regulations. As a result of the limitation, approximately $152.3 million is available to offset future federal taxable income which will expire between 2018 and 2033. As of December 31, 2013 and December 31, 2012, the Company had net operating loss carryforwards for state and city income tax purposes of approximately $268.8 million and $231.0 million, respectively, which expire through 2033. As of December 31, 2013 and December 31, 2012, the Company had a net operating loss carryforward for foreign income tax purposes of $19.0 million and $17.4 million, respectively, which have indefinite carryforward periods.

The Company has a tax benefit of approximately $1.0 million related to the exercise of non-qualified stock options. Pursuant to ASC 718, the benefit will be recognized and recorded to additional paid-in capital when the benefit is realized through the reduction of taxes payable. Management has established a 100% valuation allowance against the deferred tax assets as management does not believe it is more likely than not that these assets will be realized. The Company’s valuation allowance increased by approximately $7.7 million, $17.6 million, $20.5 million, $15.0 million, and $5.9 million in 2013, 2012, 2011, 2010, and 2009, respectively.

The Company complies with the provisions of ASC 740-10 in accounting for its uncertain tax positions. ASC 740-10 addresses the determination of whether tax benefits claimed or expected to be claimed on a tax return should be recorded in the financial statements. Under ASC 740-10, the Company may recognize the tax benefit from an uncertain tax position only if it is more likely that not that the tax position will be sustained on examination by the taxing authorities, based on the technical merits of the position. The Company has determined that the Company has no significant uncertain tax positions requiring recognition under ASC 740-10.

The Company is subject to income tax in the U.S., as well as various state and international jurisdictions. The Company has not been audited by the U.S. Internal Revenue Service, international tax authorities, or any states in connection with income taxes. The Company’s New York State tax returns have been subject to annual desk reviews which have resulted in insignificant adjustments to the related franchise tax liabilities and credits. The Company’s tax years generally remain open to examination for all federal, state and foreign tax matters until its net operating loss carryforwards are utilized and the applicable statutes of limitation have expired. The federal and state tax authorities can generally reduce a net operating loss (but not create taxable income) for a period outside the statute of limitations in order to determine the correct amount of net operating loss which may be allowed as a deduction against income for a period within the statute of limitations.

Delcath recognizes interest accrued related to unrecognized tax benefits and penalties, if incurred, as a component of income tax expense.