Income Tax Disclosure [Text Block] | 12. Income Taxes Loss before income taxes consisted of the following: Year ended December 31, 2015 2014 Domestic $ (18,008,614 ) $ (16,710,376 ) Foreign (1,990,940 ) (2,129,263 ) Total $ (19,999,554 ) $ (18,839,639 ) A reconciliation of the Statutory United States Federal income tax rate to the Company’s effective rate and for December 31, 2015 and 2014 is as follows: Year ended December 31, 2015 2014 Loss before income taxes $ (19,999,554 ) $ (18,839,639 ) Federal rate 34 % 34 % US Federal statutory tax rate 6,799,848 6,405,477 State, net of federal rate 319,677 837,307 Permanent differences (1,853,876 ) (1,030,698 ) Research and development tax credits 12,658,628 833,271 Other (1,513,036 ) 386,594 Changes to valuation allowances (15,727,035 ) (5,495,195 ) $ 684,206 $ 1,936,756 In 2015 and 2014, the Company was approved to sell New Jersey net operating loss carryforwards (“NOLS”) under the New Jersey Technology Business Tax Certificate Transfer Program, which resulted in the recognition of an income tax benefit of $1,675,860 and $1,936,756, respectively. Deferred income taxes reflect the tax effects of temporary differences between the basis of assets and liabilities recognized for financial reporting purposes and tax purposes, and net operating loss and tax credit carry forwards. Significant components of the Company’s total deferred tax asset as of December 31, 2015 and 2014 are as follows: December 31, 2015 2014 Net operating loss carry forwards $ 42,503,179 $ 43,176,150 Federal orphan drug tax credit 17,939,199 Research and development loss pool carry forwards 2,744,381 3,512,452 Deferred revenue 18,071 229,410 Accrued expenses and other 76,972 440,341 Stock based compensation 306,733 1,094,135 Property and equipment (205,821 ) (267,909 ) R&D and investment tax credit carry forwards 1,654,334 1,125,434 Deferred tax assets $ 65,037,048 $ 49,310,013 Deferred tax assets valuation allowance $ (65,037,048 ) $ (49,310,013 ) $ $ The valuation allowance at December 31, 2015 and 2014 was primarily related to R&D investment tax credits carryforwards and expenditures, federal and state net operating loss carryforwards that, in the judgment of management, are not more-likely-than-not to be realized. In assessing the realizability of deferred tax assets, management considers whether it is more-likely-than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. At December 31, 2015, the Company had net operating loss carryforwards for Federal income tax purposes of $121,079,168 which are available to offset future Federal taxable income and begin to expire in 2023. The Company has net operating loss carryforwards for state income tax purposes of $16,819,859 which are available to offset future state taxable income through 2035. In 2015, the Company completed a U.S. Federal and State of New Jersey Research and Development and U.S. Federal Orphan Drug tax credits analysis related to the years ended December 31, 2008 through 2014. At December 31, 2015, the Company has U.S. Federal and State of New Jersey Research and Development tax credits carryforwards of $1,182,961 and $94,451 respectively. The U.S. and State of New Jersey Research and Development tax credits carryforwards begin to expire in 2026 and 2031 respectively. In addition, the Company has U.S. Federal Orphan Drug tax credits of $17,939,199 which begin to expire in 2029. The Company will claim the U.S. Federal Research and Development and Orphan Drug tax credits in the future on U.S. Federal tax returns. As a result, the Company will file New Jersey tax returns to report an income tax liability and interest of $991,654 which has been recorded through the income tax provision and as other liabilities on the accompanying balance sheet. |