INCOME TAXES

12 Months Ended

Dec. 31, 2016

Income Tax Disclosure [Abstract]

INCOME TAXES

NOTE 12: INCOME TAXES

The Company accounts for income taxes using the asset and liability method, under which deferred income tax assets and liabilities are recognized for the estimated future tax consequences attributable to differences between the financial reporting and tax bases of assets and liabilities and are measured using enacted tax rates in effect for the year in which those temporary differences are expected to be recovered or settled. A valuation allowance is provided for the amount of deferred tax assets that, based on available evidence, are not expected to be realized.

The Company did not record an income tax benefit for its losses incurred for the years ending December 31, 2016 or 2015 due to uncertainty regarding utilization of its net operating loss carryforwards and due to its history of losses. The benefit for income taxes differs from the benefit computed by applying the federal statutory rate to loss before income taxes as follows:

	Year Ended December 31,
	2016			2015
Expected federal income tax benefit at statutory federal rate	$	(2,165,421	)	$	(6,015,321	)
Share-based compensation		214,430			194,676
Other permanent items		1,034			17,947
Loss of tax attributes of NRLBH		437,763
Effect of change in valuation allowance		843,386			5,788,496
Prior year true-up		656,812			-
Other		11,996			14,202
Actual federal income tax benefit	$	-		$	-

The components of net deferred tax assets are as follows:

	As of December 31,
	2016			2015
Deferred tax assets, current:
Accrued bonuses	$	207,175			165,642
Obsolete inventory		35,426			35,426
Accrued vacation		32,135			31,896
Valuation allowance, current		(274,736	)		(232,964	)
Net deferred tax asset, current		-			-
Deferred tax assets, long term:
Net operating loss carryforwards		16,382,515			15,840,922
Intangible assets, net		949,088			768,232
Share-based compensation		934,995			851,521
Basis difference in fixed assets		53,819			53,819
Contribution, carryforward		315			272
Valuation allowance, long term		(18,283,243	)		(17,481,629	)
Deferred tax asset, long term		37,489			33,137
Deferred tax liabilities
Other		(37,489	)		(33,137	)
Net deferred tax asset, long term		-			-
Net deferred tax asset	$	-		$	-

The Company has incurred net operating losses from inception. At December 31, 2016, the Company had domestic federal net operating loss carryforwards of approximately $48.2 million, which are available to reduce future taxable income. These federal net operating loss carryforwards, expire at various dates beginning in 2030 through 2037. The Company recorded a valuation allowance against all of its net deferred tax assets of approximately $18.3 million and $17.5 million as of December 31, 2016 and 2015, respectively, for a net increase of $0.8 million from 2015.

Based on an assessment of all available evidence including, but not limited to the Company’s limited operating history in its core business and lack of profitability, uncertainties of the commercial viability of its technology, the impact of government regulation and healthcare reform initiatives, and other risks normally associated with biotechnology companies, the Company has concluded that it is more likely than not that these net operating loss carryforwards and credits will not be realized and, as a result, a full valuation allowance has been recorded against the Company’s deferred income tax assets. Utilization of the net operating loss carryforwards may be subject to a substantial annual limitation due to ownership change limitations that may have occurred or that could occur in the future, as required by the Internal Revenue Code Section 382. In general, an “ownership change,” as defined by the code, results from a transaction or series of transactions over a three-year period resulting in an ownership change of more than 50 percentage points of the outstanding stock of a company by certain stockholders or public groups. Any limitation may result in expiration of all or a portion of the net operating loss carryforwards before utilization.

The Company files income tax returns in the U.S. The Company is subject to tax examinations for the 2011 tax year and beyond. The Company has no unrecognized tax positions and does not believe there will be any material changes in its unrecognized tax positions over the next 12 months. The Company has not incurred any interest or penalties related to unrecognized tax positions. In the event that the Company is assessed interest or penalties at some point in the future, they will be classified in the financial statements as general and administrative expense.