Annual report pursuant to Section 13 and 15(d)

Income Taxes

Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes



The Company is subject to U.S. federal and various state income taxes.


The income tax provision (benefit) for the years ended December 31, 2016 and 2015 consists of the following:



For The Years Ended

December 31 ,

    2016     2015  
Current   $ -     $ -  
Deferred     (2,562,884 )     (3,704,115 )
State and local:                
Current     -       -  
Deferred     (301,516 )     1,496,815  
      (2,864,400 )     (2,207,300 )
Change in valuation allowance     2,864,400       2,207,300  
Income tax provision (benefit)   $ -     $ -  


No current tax provision has been recorded for the years ended December 31, 2016 and 2015 because the Company had net operating losses for federal and state tax purposes. The net operating loss carryovers may be subject to annual limitations under Internal Revenue Code Section 382, and similar state provisions, should there be a greater than 50% ownership change as determined under the applicable income tax regulations. The amount of the limitation would be determined based on the value of the company immediately prior to the ownership change and subsequent ownership changes could further impact the amount of the annual limitation. An ownership change pursuant to Section 382 may have occurred in the past or could happen in the future, such that the NOLs available for utilization could be significantly limited. The Company will perform a Section 382 analysis in the future. The related increase in the deferred tax asset was offset by the valuation allowance.


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


    For The Years Ended  
    December 31,  
    2016     2015  
Tax benefit at federal statutory rate     (34.0 )%     (34.0 )%
State income taxes, net of federal benefit     (4.0 )%     (4.0 )%
Permanent differences     1.2 %     (11.1 )%
Prior period adjustments     0.0 %     (1.1 )%
Other     (0.4 )%     23.4 %
Change in valuation allowance     37.2 %     26.8 %
Effective income tax rate     0.0 %     0.0 %


The Company has determined that a valuation allowance for the entire net deferred tax asset is required. A valuation allowance is required if, based on the weight of evidence, it is more likely than not that some or the entire portion of the deferred tax asset will not be realized. After consideration of all the evidence, both positive and negative, management has determined that a full valuation allowance is necessary to reduce the deferred tax asset to zero, the amount that will more likely not be realized.


The tax effects of temporary differences that give rise to deferred tax assets are presented below:


    For The Years Ended
    December 31,
    2016   2015
Deferred Tax Assets:                
Net operating loss carryforwards   $ 22,496,500     $ 20,237,500  
Stock-based compensation     4,571,900       4,624,700  
Provision for warrant liability     -       -  
Accruals     2,295,200       1,581,900  
Goodwill     2,318,500       2,318,500  
Intangible assets     426,400       474,000  
Allowance for doubtful accounts     16,100       53,600  
Tax credits     478,300       448,300  
Gross deferred tax assets     32,602,900       29,738,500  
Deferred Tax Liabilities:                
Fixed assets     (772,300 )     (772,300 )
Gross deferred tax liabilities     (772,300 )     (772,300 )
Net deferred tax assets     31,830,600       28,966,200  
Valuation allowance     (31,830,600 )     (28,966,200 )
Deferred tax asset, net of valuation allowance   $ -     $ -  
Changes in valuation allowance   $ 2,864,400     $ 2,207,300  


At December 31, 2016 and 2015, the Company had net operating loss carry forwards for federal and state income tax purposes of approximately $59.5 million and $53.3 million, respectively, which may be used to offset future taxable income through 2035, subject to the Company filing delinquent tax returns as described herein. As described in Note 17 - Commitments and Contingencies - Taxes, the Company has not filed its federal and state corporate income tax returns for the years ended December 31, 2014 and 2015. Accordingly, approximately $15.2 million and $10.6 million of the federal and state NOLs described herein will not be available to offset future taxable income until the outstanding tax returns are filed with the respective federal and state tax authorities.


The Company’s tax returns are subject to examination by tax authorities beginning with the year ended December 31, 2013.