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Income Taxes
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
Income Taxes

(9)

Income Taxes

 

(a)

Income Taxes

The December 31, 2018, 2017 and 2016 income tax provision is as follows:

 

 

 

For the Year Ended December 31,

 

 

 

2018

 

 

2017

 

 

2016

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

U.S. federal

 

$

67,632

 

 

$

21,272

 

 

$

 

State and local

 

 

5,902

 

 

 

2,608

 

 

 

2,015

 

Total current provision

 

 

73,534

 

 

 

23,880

 

 

 

2,015

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

U.S. federal

 

 

23,137

 

 

 

483

 

 

 

6,124

 

State and local

 

 

4,872

 

 

 

1,322

 

 

 

42

 

Total deferred provision

 

 

28,009

 

 

 

1,805

 

 

 

6,166

 

Total tax provision

 

$

101,543

 

 

$

25,685

 

 

$

8,181

 

 

 

 

(b)

Tax Rate Reconciliation

A reconciliation of the total income tax provision tax rate to the statutory federal income tax rate of 21%, 34% and 34% for the years ended December 31, 2018, 2017 and 2016, respectively, is as follows:

 

 

 

For the Year Ended December 31,

 

 

 

2018

 

 

2017

 

 

2016

 

Income taxes at statutory rates

 

$

(521,383

)

 

$

396,760

 

 

$

1,272,242

 

State income tax, net of federal benefit

 

 

10,774

 

 

 

3,910

 

 

 

2,054

 

Permanent items

 

 

17,771

 

 

 

(5,060

)

 

 

68,944

 

Meals and entertainment

 

 

46,983

 

 

 

74,755

 

 

 

54,375

 

Equity based compensation

 

 

(99,007

)

 

 

(645,512

)

 

 

48,385

 

Warrant liability

 

 

 

 

 

 

 

 

(156,498

)

Corporate tax rate change - impact on deferred income taxes

 

 

 

 

 

2,768,458

 

 

 

 

Research and development credit

 

 

(195,336

)

 

 

206,801

 

 

 

(141,494

)

Federal NOL adjustment

 

 

 

 

 

(386,441

)

 

 

(206,133

)

Federal return to provision

 

 

(167,755

)

 

 

53,265

 

 

 

11,104

 

Other federal credits

 

 

 

 

 

112,262

 

 

 

 

Other

 

 

64,196

 

 

 

15,695

 

 

 

 

Change in federal valuation allowance

 

 

945,300

 

 

 

(2,569,208

)

 

 

(944,798

)

 

 

$

101,543

 

 

$

25,685

 

 

$

8,181

 

 

(c)

Significant Components of Current and Deferred Taxes

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities at December 31, 2018 and 2017 are as follows:

 

 

 

For the Year Ended December 31,

 

 

 

2018

 

 

2017

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

4,924,181

 

 

$

4,584,606

 

Capitalization of patent costs, goodwill and amortization

 

 

247,239

 

 

 

221,593

 

Capitalization of acquisition costs

 

 

81,088

 

 

 

84,640

 

Research and AMT credits

 

 

2,074,363

 

 

 

1,447,479

 

Stock based compensation

 

 

326,755

 

 

 

82,085

 

Deferred lease obligation

 

 

63,946

 

 

 

91,017

 

Accrued bonuses

 

 

198,102

 

 

 

 

Other timing differences

 

 

60,773

 

 

 

72,787

 

 

 

 

7,976,447

 

 

 

6,584,207

 

Less valuation allowance

 

 

(7,658,670

)

 

 

(6,453,466

)

Total deferred tax assets, net of allowance

 

$

317,777

 

 

$

130,741

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Fixed assets

 

 

(192,673

)

 

 

(104,324

)

Goodwill

 

 

(162,681

)

 

 

(34,388

)

Total deferred tax liabilities

 

$

(355,354

)

 

$

(138,712

)

Total deferred tax liabilities

 

$

(37,577

)

 

$

(7,971

)

 

The Company has established a valuation allowance against its net deferred tax assets due to the uncertainty surrounding the realization of such assets. The Company periodically evaluates the recoverability of the deferred tax assets. At such time it is determined that it is more likely than not that deferred assets are realizable, the valuation allowance will be reduced. The Company has recorded a valuation allowance of $7,658,670 as of December 31, 2018 as it does not believe it is more likely than not that certain deferred tax assets will be realized due to the recent history of both pre-tax book income and losses, the lack of taxable income available in carryback periods or feasible tax-planning strategies, the limited existing taxable temporary differences, and the subjective nature of forecasting future taxable income into the future.  The Company increased its valuation allowance by approximately $1,205,204 during the year ended December 31, 2018.

At December 31, 2018, the Company had federal and California tax loss carryforwards of approximately $20,710,625, and $5,759,329, respectively.  The federal loss generated in 2018 of $1,836,983 will carryforward indefinitely and be available to offset up to 80% of future taxable income each year.  The remaining federal and state net operating loss carry forwards begin to expire in 2020 and 2028, respectively, if unused.

At December 31, 2018, the Company had federal and state tax credit carry forwards of approximately $1,360,917, and $1,409,318, respectively, after reduction for uncertain tax positions.  The federal credits will begin to expire in 2026, if unused, and the state credits carry forward indefinitely.  

Pursuant to the Internal Revenue Code of 1986, as amended (IRC), specifically IRC §382 and IRC §383, the Company’s ability to use net operating loss and research and development tax credit carry forwards (“tax attribute carry forwards”) to offset future taxable income is limited if the Company experiences a cumulative change in ownership of more than 50% within a three-year testing period. The Company has not completed an ownership change analysis pursuant to IRC Section 382 for taxable years ended after December 31, 2012. If ownership changes within the meaning of IRC Section 382 are identified as having occurred subsequent to 2012, the amount of remaining tax attribute carry forwards available to offset future taxable income and income tax expense in future years may be significantly restricted or eliminated.  Further, the Company’s deferred tax assets associated with such tax attributes could be significantly reduced upon realization of an ownership change within the meaning of IRC §382.

In December 2017, the Tax Cuts and Jobs Act (the 2017 Tax Act) was enacted.  The 2017 Tax Act includes a number of changes to existing U.S. tax laws that impact the Company, most notably a reduction of the U.S. corporate income tax rate from 35 percent to 21 percent for tax years beginning December 31, 2018.  The 2017 Tax Act also provides for the acceleration of depreciation for certain assets placed in service after September 27, 2017 as well as prospective changes beginning in 2018, including additional limitations on the deductibility of executive compensation, limitations on the deductibility of interest and capitalization of research and development expenditures.    

The following table summarizes the reconciliation of the unrecognized tax benefits activity during the years ended December 31, 2018 and 2017:

 

 

For the Year Ended December 31,

 

 

 

2018

 

 

2017

 

Beginning unrecognized tax benefits

 

$

710,000

 

 

$

1,532,000

 

Decreases related to prior year tax positions

 

 

(65,000

)

 

 

(1,001,000

)

Increases related to current year tax positions

 

 

87,000

 

 

 

179,000

 

Ending unrecognized tax benefits

 

$

732,000

 

 

$

710,000

 

The unrecognized tax benefit amounts are reflected in the determination of the Company’s deferred tax assets.  If recognized, $9,040 of these amounts would impact company’s effective tax rate. The Company does not foresee material changes to its uncertain tax benefits within the next twelve months.

The Company’s policy is to recognize interest and/or penalties related to income tax matters in income tax expense.  The Company has an accrual for interest or penalties of $2,051 and $785  on the Company’s balance sheets as of December 31, 2018 and 2017, respectively, and has recognized interest and/or penalties in the Statement of Operations for the year ended December 31, 2018, 2017 and 2016, in the amount of $1,266, $785 and $0, respectively.

Due to the existence of federal and state net operating loss and credit carryovers, the Company’s tax years that remain open and subject to examination by tax jurisdiction are years 2000 and forward for federal and years 2006 and forward for the state of California.