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Income Taxes
12 Months Ended
Dec. 31, 2014
Income Taxes  
Income Taxes

 

 

18.Income Taxes

 

Significant components of the Company’s deferred tax assets for federal income taxes consisted of the following:

 

 

 

December 31,

 

 

 

2014

 

2013

 

Deferred Tax Assets

 

 

 

 

 

 

 

Net operating loss carryforward

 

$

23,030,884

 

$

21,492,311

 

Amortization

 

 

(823,367

)

Stock option compensation

 

6,083,848

 

5,841,333

 

Deferred compensation

 

 

1,563,754

 

Deferred state tax

 

 

(1,904,277

)

Other

 

26,783

 

105,179

 

Valuation allowance

 

(29,141,515

)

(26,274,933

)

Net deferred tax asset

 

$

 

$

 

Deferred Tax Liabilities

 

 

 

 

 

 

 

Intangible assets

 

$

(2,274,526

)

$

3,000,576

 

 

During the years ended December 31, 2014 and 2013, in conjunction with the accounting associated with the Canterbury, Hygiea and Paloma acquisition described in note 3, the Company recorded deferred tax liabilities related to tax basis differences associated with the acquired identifiable intangible assets.  A substantial portion of these deferred tax liabilities, including the entire deferred tax liability as of December 31, 2014, relate to indefinite lived IPR&D intangible assets, which due to their indefinite life will not serve as reversible temporary differences that give rise to future taxable income, and, therefore, the Company maintains a full valuation allowance on its deferred tax assets, resulting in a net deferred tax liability position equal to the deferred tax liability on the Company’s intangible assets..

 

The Company has no current tax provision due to its current and accumulated losses, which result in net operating loss carryforwards.  The Company recorded a deferred tax benefit of $2,816,884 in the consolidated statements of operations for the year ended December 31, 2014 due primarily to the reduction in the amount of the Company’s intangible assets resulting from the impairment loss on such assets recorded in 2014 and the amortization recorded on a portion of those impaired intangible assets prior to the date of the impairment.

 

The Company had net operating loss carry-forwards (“NOL”) for federal and state income tax purposes of approximately:

 

 

 

December 31,

 

 

 

2014

 

2013

 

Combined NOL Carryforwards:

 

 

 

 

 

Federal

 

$

57,521,560 

 

$

47,728,300 

 

California

 

50,440,965 

 

44,482,850 

 

 

The net operating loss carryforwards for 2014 begin expiring in 2020 for Federal income tax purposes and 2015 for state income tax purposes.  From December 31, 2012 to December 31, 2014, the number of outstanding shares of our common stock increased from 890,837 to 18,614,968.  This increase in the number of shares outstanding constitutes a change of ownership, under the provisions of Internal Revenue Code Section 382 and similar state provisions, and is likely to significantly limit the Company’s ability to utilize these net operating loss carryforwards to offset future income.  Accordingly, the Company recorded a 100% valuation allowance of the deferred tax assets as of December 31, 2014 and December 31, 2013 because of the uncertainty of their realization.

 

A reconciliation of the income tax rate computed at the federal statutory rate to that recorded in the financial statements for 2014 and 2013 is as follows:

 

 

 

2014

 

2013

 

Rate reconciliation:

 

 

 

 

 

 

 

 

 

Federal tax benefit at statutory rate

 

$

(6,009,398

)

(35.0

)%

$

(922,591

)

(35.0

)%

State tax, net of Federal benefit

 

(986,051

)

(5.7

)%

(761,237

)

28.9

%

Change in valuation allowance

 

2,866,582

 

10.9

%

7,044,754

 

(267.3

)%

Derivative accounting and other

 

1,311,983

 

13.4

%

(5,360,926

)

273.4

%

Total provision

 

$

(2,816,884

)

(16.4

)%

$

 

0.0

%