Annual report pursuant to Section 13 and 15(d)

Provision for Income Taxes

v3.19.1
Provision for Income Taxes
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
Provision for Income Taxes

NOTE 13. PROVISION FOR INCOME TAXES

The Tax Reform was enacted in December 2017. Impacts of the Tax Reform for the year ended December 31, 2017 included remeasuring federal deferred tax assets and liabilities due to the reduction of the U.S. corporate income tax rate from 35.0% to 21.0%.  In connection with the Tax Reform, the Securities and Exchange Commission issued guidance which allowed the Company a year to finalize the income tax effect of the Tax Reform. Other aspects of the Tax Reform did not take effect until 2018.

The Company has completed its accounting related to the Tax Reform. No further adjustments were made with respect to the previously recorded provisional amounts.

The components of the Company’s loss before the provision for income taxes consisted of the following:

 

 

 

Year Ended

 

 

 

December 31,

 

 

 

2018

 

 

2017

 

United States of America

 

$

(61,169

)

 

$

(59,595

)

Foreign

 

 

87

 

 

 

 

Total

 

$

(61,082

)

 

$

(59,595

)

 

The provision for income taxes consisted of the following for the years ended December 31, 2018 and 2017:

 

 

 

Year Ended

 

 

 

December 31,

 

 

 

2018

 

 

2017

 

Current

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

 

State

 

 

6

 

 

 

6

 

Foreign

 

 

16

 

 

 

 

Total Current Provision

 

 

22

 

 

 

6

 

 

 

 

 

 

 

 

 

 

Deferred

 

 

 

 

 

 

 

 

Federal

 

 

(12,146

)

 

 

(7,216

)

State

 

 

(4,809

)

 

 

(1,210

)

Foreign

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Change in valuation allowance

 

 

16,955

 

 

 

8,426

 

Total deferred provision

 

 

 

 

 

 

Total provision

 

$

22

 

 

$

6

 

 

A reconciliation of the statutory U.S. federal income tax rate to the Company's effective tax rate for the years ended December 31, 2018 and 2017 is as follows:

 

 

 

Year Ended

 

 

 

December 31,

 

 

 

2018

 

 

2017

 

Tax, computed at the federal statutory rate

 

 

21.00

%

 

 

34.00

%

State taxes, net of federal tax benefit

 

 

6.23

 

 

 

1.28

 

Mark to market adjustment on stock warrants

 

 

 

 

 

4.06

 

Meals, entertainment and other

 

 

(0.02

)

 

 

1.67

 

Debt discount amortization

 

 

 

 

 

(2.42

)

Loss on stock warrants issued

 

 

 

 

 

(3.30

)

Loss on write-off of deferred debt discount

 

 

 

 

 

(5.78

)

Change in valuation allowance

 

 

(27.25

)

 

 

(12.61

)

Rate change due to tax law change

 

 

 

 

 

(16.89

)

Provision for income taxes

 

 

(0.04

)%

 

 

0.01

%

 

The significant components of the Company’s deferred income tax assets and liabilities as of December 31, 2018 and 2017 were as follows:

 

 

 

Year Ended

 

 

 

December 31,

 

 

 

2018

 

 

2017

 

Net operating losses

 

$

30,112

 

 

$

13,844

 

Stock-based compensation

 

 

7,141

 

 

 

3,416

 

Accrued expenses

 

 

178

 

 

 

445

 

Research credits

 

 

547

 

 

 

490

 

Other - fixed assets and intangibles

 

 

 

 

 

13

 

Other

 

 

682

 

 

 

70

 

Gross deferred tax assets

 

 

38,660

 

 

 

18,278

 

Less:  valuation allowance

 

 

(35,233

)

 

 

(18,278

)

Total deferred tax assets

 

 

3,427

 

 

 

 

 

 

 

 

 

 

 

 

 

Other - fixed assets and intangibles

 

 

(3,427

)

 

 

 

Total deferred tax liabilities

 

 

(3,427

)

 

 

 

Net deferred tax assets

 

$

 

 

$

 

 

The Company has evaluated the available positive and negative evidence supporting the realization of its gross deferred tax assets, including its cumulative losses, and the amount and timing of future taxable income, and has determined it is more likely than not that the assets will not be realized. Accordingly, the Company recorded a full valuation allowance as of December 31, 2018 and 2017 against its U.S. federal and state deferred tax assets as of December 31, 2018 and 2017.

The change in the valuation allowance for the years ended December 31, 2018 and 2017 is as follows:

 

 

 

Year Ended

 

 

 

December 31,

 

 

 

2018

 

 

2017

 

Valuation allowance, at beginning of year

 

$

18,278

 

 

$

9,852

 

Increase in valuation allowance

 

 

16,955

 

 

 

8,426

 

Valuation allowance, at end of year

 

$

35,233

 

 

$

18,278

 

 

As of December 31, 2018, the Company has federal and state income tax net operating loss carryforwards of approximately $122,300 and $119,601, respectively. The U.S. federal and state net operating losses will begin to expire in 2034 and 2019, respectively, unless previously utilized. Net operating loss carryforwards generated after January 1, 2018 may be carried forward indefinitely, subject to the 80% taxable income limitation on the utilization of the carryforwards. In addition, the Company had federal and state research and development credit carryforwards of approximately $342 and $260, respectively, as of December 31, 2018. The federal research and development credit will begin to expire in 2036 if unused and the state research and development credit may be carried forward indefinitely. Certain tax attributes may be subject to an annual limitation in the event there has been or is a change of ownership as defined under Internal Revenue Code Section 382.

The Company is subject to taxation in the United States and various states. Its U.S. federal tax returns and state returns are open for examination for tax years 2014 and forward. Neither the Company nor any of its subsidiaries are currently under examination from tax authorities in the jurisdictions in which the Company does business.