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Note 11 - Income Taxes
12 Months Ended
Dec. 31, 2019
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
1
1
. Income Taxes
 
For the years ended
December 
31,
2019
and
2018,
the Company’s provision for income taxes consisted of
zero
state income tax expense. A reconciliation of the statutory U.S. federal rate to the Company’s effective tax rate is as follows (in thousands):
 
   
Year Ended December 31,
 
   
201
9
   
201
8
 
Tax at federal statutory rate
  $
(4,084
)
  $
(5,787
)
State taxes, net of federal benefit
   
(1,022
)
   
(1,023
)
Permanent differences
   
97
     
228
 
Change in valuation allowance
   
5,205
     
6,582
 
Research credits
   
(192
)
   
 
Other
   
(4
)
   
 
Provision for taxes
  $
    $
 
 
Significant components of the Company’s net deferred tax assets as of
December 
31,
2019
and
2018
consist of the following (in thousands):
 
   
As of December 31,
 
   
201
9
   
201
8
 
Deferred tax assets:
               
Federal, state and foreign net operating losses
  $
75,863
    $
70,286
 
Research and other credits
   
4,361
     
3,655
 
Operating lease liability
   
1,237
     
 
Accruals and other
   
2,847
     
4,317
 
Total deferred tax assets
   
84,308
     
78,258
 
Less: Valuation allowance
   
(82,755
)
   
(78,082
)
Total net deferred tax assets
   
1,553
     
176
 
Deferred liabilities:
               
Fixed assets
   
(198
)
   
(176
)
Operating lease right of use asset
   
(1,355
)
   
 
Total deferred tax liabilities
   
(1,553
)
   
(176
)
Net deferred tax assets (liabilities)
  $
    $
 
 
The valuation allowance increased by
$4.7
million and increased by
$7.6
million during the years ended
December 
31,
2019
and
2018,
respectively.
 
In connection with the adoption of ASC
842
in the quarter ended
March 31, 2019,
the Company recognized a deferred tax liability in the amount of
$1.4
million related lease liabilities and a deferred tax asset in the amount of
$1.2
million for the year ended
December 31, 2019.
Additionally, the Company decreased the net deferred tax asset by
$6,000,
retroactive to
December 31, 2018.
The net effect of these adjustments to the deferred tax asset and liability is offset with an adjustment to the valuation allowance.
 
As of
December 31, 2019,
the Company had approximately
$301.0
 million of federal and
$216.1
million of state net operating loss carryforwards available to offset future taxable income. If
not
utilized, the federal and state net operating loss carryforwards begin to expire in
2027
and
2019,
respectively. Out of the Federal net operating loss carryforwards,
$43.5
million were generated post 
December 31, 2017
and have
no
expiration.
 
As of
December 31, 2019,
the Company also had approximately
$3.4
 million and
$3.6
 million of research and development tax credit carryforwards available to reduce future taxable income, if any, for federal and California purposes, respectively. The federal credit carryforwards expire beginning in
2027,
and the California research credits do
not
expire and
may
be carried forward indefinitely.
 
The Company's ability to utilize the net operating loss and tax credit carryforwards in the future
may
be subject to substantial restrictions in the event of past or future ownership changes as defined in Section
382
of the Internal Revenue Code and similar state tax laws. In the event the Company should experience an ownership change, as defined, utilization of the Company's net operating loss carryforwards and tax credits could be limited.
 
The Company evaluates tax positions for recognition using a more-likely-than-
not
recognition threshold, and those tax positions eligible for recognition are measured as the largest amount of tax benefit that is greater than
50%
likely of being realized upon the effective settlement with a taxing authority that has full knowledge of all relevant information.
 
A reconciliation of the beginning and ending amount of the gross recognized tax benefit is as follows (in thousands):
 
   
As of December 31,
 
   
201
9
   
201
8
 
Balance at beginning of year
  $
1,760
    $
1,747
 
Increase based on the tax positions in the current year
   
177
     
29
 
Decrease for tax positions of prior year
   
157
     
(16
)
Balance at end of year
  $
2,094
    $
1,760
 
 
As of
December 31, 2019,
all unrecognized tax benefits are subject to a full valuation allowance and, if recognized, will
not
affect the Company’s tax rate.
 
The Company does
not
anticipate that the total amounts of unrecognized tax benefits will significantly increase or decrease in the next
twelve
months.
 
The Company's policy is to include interest and penalties related to unrecognized tax benefits within its provision for income taxes. Due to the Company's net operating loss position, the Company has
not
recorded an accrual for interest or penalties related to uncertain tax positions for the years ended
December 31, 2019
or
2018.