Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.3.1.900
Income Taxes
12 Months Ended
Dec. 31, 2015
Income Tax Disclosure [Abstract]  
Income Taxes

14.      Income Taxes

 

Net loss before tax provision consists of the following:

 

    Year ended     Inception (June 20, 2014)  
    December 31, 2015     to December 31, 2014  
U.S.   $ (12,330,037 )   $ (2,794,793 )
Foreign     -       -  
    $ (12,330,037 )   $ (2,794,793 )

 

 The components of the provision for (benefit from) income tax expense consist of the following for the periods indicated:

 

    Year ended     Inception (June 20, 2014)  
    December 31, 2015        December 31, 2014  
Current                
Federal   $ -     $ -  
State     1,600       800  
                 
Deferred                
Federal   $ -     $ (360,060 )
State     -       (61,782 )
Total provision for (benefit from) income taxes   $ 1,600     $ (421,042 )

 

Reconciliation of the statutory federal income tax rates consist of the following for the periods indicated:

 

    Year ended     Inception (June 20, 2014)  
    December 31, 2015     December 31, 2014  
             
Tax at federal statutory rate     34.00 %     34.00 %
State tax, net of federal benefit     5.83       5.81  
Change in derivative liability     (18.66 )     (16.71 )
Valuation allowance     (20.53 )     (5.70 )
Other     (0.65 )     (2.33 )
Effective income tax rate     (0.01 )%     15.07 %

 

The components of deferred tax assets (liabilities) included on the consolidated balance sheet are as follows: 

 

     December 31, 2015     December 31, 2014  
Deferred tax assets                
Warrants   $ 284,316     $ 284,313  
Start-up costs     1,840,329       276,445  
Net operating losses     770,915       48,562  
Credits     57,826       26,050  
Other     110,932       517  
Total gross deferred tax assets     3,064,318       635,887  
Valuation allowance     (2,682,406 )     (167,618 )
Total gross deferred tax assets                
(net of valuation allowance)   $ 381,912     $ 468,269  
                 
Deferred tax liabilities                
Patents     (381,912 )     (404,266 )
Others     -       (64,003 )
Total gross deferred tax liabilities     (381,912 )     (468,269 )
Net deferred tax assets   $ -     $ -  

 

Based on the available objective evidence at this time, management believes that it is more likely than not that the deferred tax assets of the Company will not be fully realized for the year ended December 31, 2015 and period from inception (June 20, 2014) to December 31, 2014. Accordingly, management has applied a full valuation allowance against net deferred tax assets at December 31, 2015 and December 31, 2014.

 

The Company has Federal and California net operating loss carry-forwards of approximately $1,939,000 and $1,929,000, respectively, available to reduce future taxable income which will begin to expire in December 31, 2034 for Federal and California purposes.

 

At December 31, 2015, the Company had research and development credits carryforward of approximately $53,000 and $45,000 for Federal and California income tax purposes, respectively.

 

If not utilized, the Federal research and development credits carryforward will begin to expire in December 31, 2034. The California credits can be carried forward indefinitely.

 

Utilization of the Company's net operating loss may be subject to substantial annual limitation due to the ownership change limitations provided by the Internal Revenue Code and similar state provisions. Such an annual limitation could result in the expiration of net operating loss carryforwards prior to utilization.

 

The Company’s policy is to account for interest and penalties as income tax expense. As of December 31, 2015, the Company had no interest related to unrecognized tax benefits. No amounts of penalties related to unrecognized tax benefits were recognized in the provision for income taxes.

 

The Company maintains liabilities for uncertain tax positions. These liabilities involve considerable judgement and estimation and are continuously monitored by management based on the best information available, including changes in tax regulations, the outcome of relevant court cases, and other information. The Company recognizes potential accrued interest and penalties related to unrecognized tax benefits as income tax expense. At December 31, 2015, the Company’s total amount of unrecognized tax benefit was approximately $29,000 that did not affect the effective tax rate. The Company does not expect its unrecognized benefits to change materially over the next twelve months.

 

The Company files income tax returns with the United States federal government and the State of California. The Company’s tax returns for the prior year remains open to audit for Federal and California purposes. This year is open due to net operating losses and tax credits unutilized.