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INCOME TAXES
12 Months Ended
Dec. 31, 2016
INCOME TAXES  
INCOME TAXES

12. INCOME TAXES

A reconciliation of income tax expense at the statutory rate to income tax expense at our effective tax rate is as follows:

 

 

 

 

 

 

 

 

 

 

 

 

    

2016

    

2015

    

2014

 

Tax Expense (Benefit) Computed at 34 % of Pretax Income (Loss)

 

$

(6,595,452)

 

$

(4,903,000)

 

$

(7,251,000)

 

Foreign Income Tax Expense

 

 

(404,527)

 

 

 —

 

 

 —

 

Effect of Change in Valuation Allowance

 

 

(6,595,452)

 

 

(4,903,000)

 

 

(7,251,000)

 

Total Income Tax Expense

 

$

404,527

 

$

 —

 

$

 —

 

 

The details of the net deferred tax asset are as follows:

 

 

 

 

 

 

 

 

 

 

December 31, 

 

 

    

2016

    

2015

 

Deferred tax assets:

    

 

    

    

 

    

 

Net Operating Loss Carryforward

 

$

51,463,000

 

$

52,669,000

 

Stock Based Compensation

 

 

7,704,000

 

 

4,223,000

 

Deferred Revenue

 

 

6,478,000

 

 

5,920,000

 

General Business Credit

 

 

6,146,000

 

 

5,741,000

 

Accrued Expenses

 

 

605,000

 

 

511,000

 

Inventories

 

 

494,000

 

 

163,000

 

Book over Tax Depreciation

 

 

61,000

 

 

47,000

 

Allowance for Doubtful Accounts

 

 

2,000

 

 

26,000

 

Total Deferred Tax Assets

 

 

72,953,000

 

 

69,300,000

 

Deferred Tax Liabilities:

 

 

 

 

 

 

 

Goodwill & Intangible Assets

 

 

137,000

 

 

167,000

 

Prepaid Expenses

 

 

182,000

 

 

119,000

 

Total Deferred Tax Liabilities

 

 

319,000

 

 

286,000

 

Subtotal

 

 

72,634,000

 

 

69,014,000

 

Valuation Allowance

 

 

(72,634,000)

 

 

(69,014,000)

 

Net Deferred Tax Asset

 

$

 —

 

$

 —

 

Deferred tax assets result primarily from net operating loss carryforwards. For tax purposes, we have net operating loss carryforwards of approximately $151,400,000 that expire between 2018 and 2036.

In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will be realized upon the generation of future taxable income during the periods in which those temporary differences become deductible.  We recognized $404,527 in foreign income taxes paid for the year ended December 31, 2016.  We recognized no income tax expense or benefit for the years ended December 31, 2015 and 2014.  While we anticipate generating income within the next year or two, we expect to incur operating losses until our drug products are marketed and generating sufficient profits to offset our operating expenses. Considered together with our limited history of operating income and our net losses in 2016, 2015 and 2014, management has placed a full valuation allowance against the net deferred tax assets as of December 31, 2016 and 2015.  The portion of the valuation allowance resulting from excess tax benefits on share based compensation that would be credited directly to contributed capital if recognized in subsequent periods is $5.4 million.

The Company accounts for its uncertain tax positions in accordance with ASC 740‑10, Income Taxes and the amount of unrecognized tax benefits related to tax positions is not significant at December 31, 2016 and 2015.