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Note 12 - Income Taxes
12 Months Ended
Dec. 31, 2016
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
12.
Income taxes
 
The components of loss before income taxes are as follows for the years ended
December
 
31:
 
(in thousands)
 
201
6
   
201
5
   
201
4
 
Domestic (United Kingdom)
 
$
(730
)
  $
1,400
    $
(158
)
Foreign (United States)
   
(25,393
)    
(25,732
)    
(21,862
)
Loss before income taxes
  $
(26,123
)   $
(24,332
)   $
(22,020
)
 
The components for the income tax benefit (expense) are as follows for the years ended
December
 
31:
 
(in thousands)
 
201
6
 
 
201
5
 
 
20
14
 
Current:
                       
Federal
  $
    $
    $
 
U.K.
   
     
     
 
Japan
   
(85
   
(116
   
(119
China
   
(12
   
     
 
State
   
(51
)    
(30
   
(35
Total current provision
   
(148
   
(146
   
(154
                         
Deferred:
                       
Federal
   
752
     
     
 
U.K.
   
2,630
     
     
 
State
   
540
     
     
 
Total deferred benefit
   
3,922
     
     
 
Income tax benefit (expense)
   
3,774
     
(146
   
(154
 
Deferred income taxes reflect the net tax effect of temporary differences between the carrying amount of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes.
 
The Company’s effective income tax rate differs from the statutory domestic (United Kingdom) income tax rate as follows for the years ended
December
31:
 
 
 
201
6
 
 
201
5
 
 
201
4
 
Income tax rate
 
20.0
%  
20.3
%    
21.5
%
U.K. research and development credit
   
1.8
     
1.3
     
1.7
 
Other
   
(2.1
)    
(1.1
)    
(1.2
)
Effect of foreign tax rate differential
   
16.8
     
10.7
     
17.9
 
Valuation allowance
   
(22.1
)    
(31.7
)    
(40.6
)
Effective income tax rate
   
14.4
%    
(0.5
)%    
(0.7
)%
 
The Company is headquartered in the United Kingdom and the effective U.K. corporate tax rate for the years ended
December
31,
2016,
2015,
and
2014
was
20.0%,
20.3%,
21.5%,
respectively. The U.S. federal corporate tax rate was
34%
for the years ended
December
31,
2016,
2015
and
2014.
The Company is subject to taxation in the U.S. and various state, local, and foreign jurisdictions. The Company remains subject to examination by various tax authorities for tax years
2013
through
2016
. With a few exceptions, the Company is no longer subject to examinations by tax authorities for the tax years
2012
and prior. However, net operating losses from the tax years
2012
and prior would be subject to examination if and when used in a future tax return to offset taxable income. The Company’s policy is to recognize income tax related penalties and interest, if any, in its provision for income taxes and, to the extent applicable, in the corresponding income tax assets and liabilities, including any amounts for uncertain tax positions.
 
The United Kingdom’s Summer Finance Bill, which was enacted on
September
15,
2016,
contained reductions in corporation tax to
19%
from
April
1,
2017
and
17%
from
April
1,
2020.
The Company has adopted a
17%
tax rate in respect of the deferred tax disclosures, reflecting the anticipated timing of the unwinding of the deferred tax balances.
 
Significant components of the Company’s deferred tax assets and deferred tax liabilities are as follows for the years ended
December
 
31:
 
(in thousands)
 
201
6
 
 
201
5
 
                 
Deferred tax assets:
             
Long term deferred tax assets:
             
U.S. federal net operating losses
  $
42,165
    $
32,095
 
State net operating loss (net of federal)
   
5,198
     
4,021
 
U.S. federal research and development credit
   
273
     
155
 
U.K. net operating loss
   
2,419
     
5,217
 
Share options
   
1,884
     
1,251
 
Accrued liabilities
   
526
     
177
 
State credits
   
85
     
 
Other
   
     
160
 
Total deferred tax assets
   
52,550
     
43,076
 
Valuation allowance
   
(46,473
)    
(43,076
)
Total deferred tax assets
  $
6,077
    $
 
                 
Deferred tax liabilities:
             
Long term deferred tax liabilities:
             
Other assets
  $
(29
)   $
 
Intangible assets
   
(3,418
)    
 
Total deferred tax liabilities
  $
(3,447
)   $
 
 
For the years ended
December
 
31,
2016
and
2015,
the Company had United Kingdom Net Operating Losses (U.K. NOLs) of
$14.2
million and
$29.0
million, respectively. U.S. federal net operating loss carry forwards for the years ended
December
 
31,
2016
and
2015
were
$125.3
million and
$95.5
million, respectively. U.S. State net operating loss carryforwards for the years ended
December
 
31,
2016
and
2015
were
$112.5
million and
$85.8
million, respectively.
 
The U.S. federal and state net operating loss carryforwards begin to expire in
2027
and
2016,
respectively and the U.K. NOLs can be carried forward indefinitely.
 
For the year ended
December
31,
2016,
the Company recognized a deferred tax asset in the U.K. of
$2.6
million. The Company has determined that it is more likely than not that this asset will be realized in the future. The Company continues to record a full valuation allowance against all other net deferred tax assets since it is not more likely than not that these amounts will be realized.
 
The following table reflects the rollforward of the Company’s valuation allowance:
 
(in thousands)
 
201
6
 
 
201
5
 
 
201
4
 
Beginning of year (January 1)
  $
43,076
    $
35,361
    $
26,413
 
Increase in valuation allowance
   
3,397
     
7,715
     
8,948
 
End of year (December 31)
  $
46,473
    $
43,076
    $
35,361
 
 
The Company reviewed its historical tax filings and tax positions and has determined no material uncertain tax positions exist at
December
 
31,
2016
and
2015.
The Company continues to monitor its tax filings and positions.
 
The Company generates research and development credits in the United Kingdom which are refundable if a current year loss is incurred. In the United Kingdom for the year ended
December
 
31,
2016,
no amounts were reimbursed for research and development tax credits.