Note 9 – Income Taxes

A reconciliation of the statutory U.S. federal income tax rate to the Company’s effective tax rate is as follows:

	Year ended December 31,
	2015			2014			2013

Federal statutory rate		34.00	%		34.00	%		34.00	%
State taxes		2.89	%		3.05	%		0.81	%
Permanent differences		-5.84	%		-2.96	%		-6.58	%
Research and development		14.31	%		2.46	%		3.81	%
State taxes/ sale of NOL		3.79	%		4.62	%		6.25	%
Valuation allowance		-45.77	%		-36.55	%		-32.04	%
Other		0.41	%		0.00	%		0.00	%
Effective tax rate		3.79	%		4.62	%		6.25	%

The tax effects of temporary differences that gave rise to significant portions of the deferred tax assets were as follows:

	As of December 31,
	2015			2014
Federal net operating losses	$	16,140,347		$	8,111,099
State net operating losses		1,385,281			693,241
Stock options		669,012			309,886
Federal tax credit		4,832,146			656,782
State tax credits		159,258			101,867
Amortization		76,222			82,915
Accrued expense		13,735			16,978
Other		15,431			3,274
Total gross deferred tax assets		23,291,432			9,976,042
Less valuation allowance		(23,291,432	)		(9,976,042	)
Net deferred tax assets	$	-		$	-

In assessing the realizability of the net deferred tax assets, the Company considers all relevant positive and negative evidence to determine whether it is more likely than not that some portion or all of the deferred income tax assets will not be realized. The realization of the gross deferred tax assets is dependent on several factors, including the generation of sufficient taxable income prior to the expiration of the net operating loss carryforwards. There was a full valuation allowance against the net deferred tax assets as of December 31, 2015 and 2014.

At December 31, 2015, the Company had federal net operating loss (“NOL”) carryforwards of approximately $47.5 million which expire between 2029 and 2035. At December 31, 2015, the Company had federal research and development credits carryforwards of approximately $0.8 million and an Orphan Drug Credit carryover of approximately $4.0 million. The Company may be subject to the net operating loss utilization provisions of Section 382 of the Internal Revenue Code. The effect of an ownership change would be the imposition of an annual limitation on the use of NOL carryforwards attributable to periods before the change. The amount of the annual limitation depends upon the value of the Company immediately before the change, changes to the Company’s capital during a specified period prior to the change, and the federal published interest rate. Although we have not completed an analysis under Section 382 of the Code, it is likely that the utilization of the NOLs would be limited.

The State of New Jersey has enacted legislation permitting certain corporations located in New Jersey to sell state tax loss carryforwards and state research and development credits, or net loss carryforwards. In 2013 the Company sold $5.6 million of NJ NOL’s for $0.5 million, in 2014 sold $6.6 million of NJ NOL’s for $0.6 million and in 2015 sold $12.0 million of NJ NOL’s for $1.1 million. There is no certainty as to whether this program will continue. At December 31, 2015, the Company had approximately $23.3 million of NJ NOL’s which expire between 2030 and 2035. At December 31, 2015, the Company had approximately $0.3 million of the State of New Jersey research development credits carryforwards.

Entities are also required to evaluate, measure, recognize and disclose any uncertain income tax provisions taken on their income tax returns. The Company has analyzed its tax positions and has concluded that as of December 31, 2015, there were no uncertain positions. The Company's U.S. federal and state net operating losses have occurred since its inception in 2009 and as such, tax years subject to potential tax examination could apply from that date because the utilization of net operating losses from prior years opens the relevant year to audit by the IRS and/or state taxing authorities. Interest and penalties, if any, as they relate to income taxes assessed, are included in the income tax provision. There was no income tax related interest and penalties included in the income tax provision for 2015 and 2014.