9. Income Taxes

The Company accounts for uncertain tax positions in accordance with Accounting Standards Codification Topic 740, Income Taxes (“ASC 740”). The application of income tax law and regulations is inherently complex. Interpretations and guidance surrounding income tax laws and regulations change over time. As such, changes in the Company’s subjective assumptions and judgments can materially affect amounts recognized in its financial statements.

The Company’s policy is to recognize interest and/or penalties related to income tax matters in income tax expense. The Company had no accrual for interest and penalties on the balance sheet at December 31, 2016. The Company has an uncertain tax position of $1.9 million related to California net operating losses at December 31, 2016. The Company is subject to taxation in the United States and state jurisdictions, and the Company’s tax years beginning 2007 to date are subject to examination by taxing authorities. The Company does not foresee material changes to its gross uncertain income tax position liability within the next twelve months.

A reconciliation of the federal statutory income tax rate and the effective income tax rate is as follows for the years ended December 31, 2016 and 2015:

	December 31,
	2016			2015
	(%)			(%)
Federal statutory rate		34			34
Change in valuation allowance	—				(2	)
State income taxes, net of federal effect	—				6
Warrant liability FMV adjustment		6		—
Stock issuance costs		(5	)	—
Research and development credits		3			4
Removal of net operating loss and other credits		(33	)		(39	)
Stock compensation and other permanent items		(5	)		(3	)
Effective income tax rate		—			—

Pursuant to Internal Revenue Code (“IRC”) Sections 382 and 383, annual use of the Company’s net operating loss and research and development credit carryforwards may be limited in the event a cumulative change in ownership of more than 50% occurs within a three-year period. The Company has not completed an IRC Section 382/383 analysis regarding the limitation of net operating loss and research and development credit carryforwards. Until this analysis has been completed, the Company has removed the deferred tax assets for net operating losses of approximately $20.5 million and a research and development credit of approximately $2.5 million generated through December 31, 2016 from its deferred tax asset schedule, and has recorded a corresponding decrease to its valuation allowance. When this analysis is finalized, the Company plans to update its unrecognized tax benefits accordingly. The Company does not expect this analysis to be completed within the next twelve months and, as a result, the Company does not expect that the unrecognized tax benefits will change within twelve months of this reporting date. Due to the existence of the valuation allowance, future changes in the Company’s unrecognized tax benefits will not impact the Company’s effective tax rate.

Significant components of the Company’s deferred tax assets at December 31, 2016 and 2015 are as follows:

	December 31,
	2016			2015
Acquired technology	$	201,000		$	276,000
Stock compensation expense		539,000			430,000
Accruals and other		130,000			124,000
Total deferred tax assets		870,000			830,000
Less valuation allowance		(870,000	)		(830,000	)
Net deferred tax assets	$	—		$	—

At December 31, 2016, the Company has federal and California net operating loss carryforwards of approximately $53.0 million and $42.9 million, respectively. The federal and California loss carryforwards begin to expire in 2027 and 2017, respectively, unless previously utilized. The Company also has federal and California research tax credit carryforwards of approximately $1.8 million and $1.1 million, respectively. The federal research credit carryforwards will begin expiring in 2027 unless previously utilized. The California research credit will carry forward indefinitely.

A summary of the changes in the amount of unrecognized tax benefits (excluding interest and penalties) for 2016 and 2015 are as follows:

	2016		2015
Beginning balance of unrecognized tax benefits	$	-	$	-
Additions based on tax positions of prior years		1,961,595		-
Ending balance of unrecognized tax benefits	$	1,961,595	$	-

Due to the full valuation allowance that the Company has on the deferred tax assets, there are no unrecognized tax benefits that would impact the effective tax rate, if recognized.

The Company recognizes interest and penalties related to unrecognized tax benefits in income tax expense. To date, as no benefit has been taken related to the uncertain tax position, there have been no interest and penalties recognized.