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Note 8 - Income Taxes

12 Months Ended

Dec. 31, 2014

8.	Income Taxes

For the years ended December 31, 2014, 2013 and 2012, we did not record a provision for income taxes because we have incurred operating losses for all three years.

Deferred income tax assets and liabilities arising from differences between accounting for financial statement purposes and tax purposes, less valuation allowance at year-end are as follows (in thousands):

	December 31,
	2014			2013
Deferred tax assets:
Net operating loss carryforward	$	59,513		$	31,834
Research and development credits		7,667			4,792
Stock-based compensation		5,128			4,124
Other, net		964			487
Total deferred tax assets		73,272			41,237
Valuation allowance for net deferred tax assets		(73,272	)		(41,237	)
Net deferred taxes	$	—		$	—

Taxes on income vary from the statutory federal income tax rate applied to earnings before tax on income as follows (in thousands):

	December 31,
	2014			2013			2012
Statutory federal income tax rate of 34%	$	(25,965	)	$	(18,796	)	$	(7,937	)
Stock-based compensation expense		551			513			176
NOL not benefitted		25,085			17,983			7,551
Other, net		329			300			210
Provision for taxes	$	—		$	—		$	—

A valuation allowance is provided when it is more likely than not that the deferred tax assets will not be realized. We have established a valuation allowance to offset net deferred tax assets at December 31, 2014, and 2013 due to the uncertainty of realizing future tax benefits from our net operating loss carryforwards and other deferred tax assets. The net change in the total valuation allowance for the year ended December 31, 2014 and 2013 was an increase of approximately $32,035,000 and $22,038,000, respectively.

At December 31, 2014, we had federal and California state net operating loss carryforwards of approximately $149,573,000 and $148,402,000, respectively, expiring beginning in 2018 for federal and 2015 for California state purposes. At December 31, 2014, we had federal and California state research credit carryforwards of approximately $4,676,000 and $4,493,000, respectively, expiring beginning in 2022 for federal. The California state credits can be carried forward indefinitely.

Internal Revenue Code section 382 places a limitation on the amount of taxable income that can be offset by net operating (“NOL”) carryforwards after a change in control (generally greater than 50% change in ownership) of a loss corporation. California has similar rules. Generally, after a control change, a loss corporation cannot deduct NOL carryforwards in excess of the Section 382 limitation. We have performed an IRC Section 382 analysis and determined there were ownership changes in 2007, 2011, and 2013. There may be further ownership changes after December 31, 2014. The limitation in the Federal and state carryforwards associated with the NOL and credit carryforwards reduce the deferred tax assets, which are further offset by a full valuation allowance. The limitation can result in the expiration of the NOLs and credit carryforwards available as of December 31, 2014 before utilization.

We adopted the ASC Topic 740 provisions regarding Uncertainty in Income Taxes as of January 1, 2009. For benefits to be realized, a tax position must be more likely than not to be sustained upon examination. The amount recognized is measured as the largest amount of benefit that is greater than 50 percent likely of being realized upon settlement.

As of December 31, 2014, we had unrecognized tax benefits of $120,000, and the amount that would impact our effective tax rate, before the consideration of the valuation allowance, is $120,000.

It is our policy to recognize interest and penalties related to income tax matters in income tax expense. As of December 31, 2014, we had no accrued interest and penalties related to uncertain tax positions.

We file U.S. and state income tax returns with varying statutes of limitations. The tax years from 1997 to 2014 remain open to examination due to the carryover of unused net operating losses and tax credits.

We do not expect any material changes to the estimated amount of liability associated with its uncertain tax positions within the next 12 months.

	December 31,
	2014		2013
	(in thousands)
Unrecognized tax benefit:
Beginning of period	$	120	$	120
Current year changes		—		—
Prior year changes		—		—
End of Period	$	120	$	120

- Definition

The entire disclosure for income taxes. Disclosures may include net deferred tax liability or asset recognized in an enterprise's statement of financial position, net change during the year in the total valuation allowance, approximate tax effect of each type of temporary difference and carryforward that gives rise to a significant portion of deferred tax liabilities and deferred tax assets, utilization of a tax carryback, and tax uncertainties information.

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