Income Taxes | 11. Income Taxes For the years ended December 31, 2017 and 2016, all of the Company’s loss before income taxes was generated in the United States. On December 22, 2017, the President of the United States signed into law the Tax Cuts and Jobs Act tax reform legislation. This legislation makes significant changes in U.S. tax law including a reduction in the corporate tax rates, changes to net operating loss carryforwards and carrybacks, and a repeal of the corporate alternative minimum tax. The legislation reduced the U.S. corporate tax rate from the current rate of 34% to 21%. As a result of the enacted law, the Company was required to revalue deferred tax assets and liabilities at the enacted rate. This revaluation resulted in a decrease in net deferred tax asset of approximately $8,800,000 and a corresponding reduction in the valuation allowance against these assets. There is no impact to income tax expense. The other provisions of the Tax Cuts and Jobs Act did not have a material impact on the 2017 consolidated financial statements. The components of federal and state income tax expense/(benefit) are as follows (in thousands): December 31, 2017 2016 Current Federal $ — $ — State — — Total current — — Deferred Federal 2,945 (2,892 ) State (1,568 ) (741 ) Total deferred 1,377 (3,633 ) Valuation allowance (2,998 ) 3,633 Total income tax benefit $ (1,621 ) $ — The Company’s acquisition of MirImmune resulted in an income tax benefit of $1,621,000 and a corresponding increase to acquired in-process research and development expense resulting from the reduction in the Company’s valuation allowance due to the deferred tax liability created as a result of the book and tax basis difference. Refer to footnote 5 for further details of the MirImmune acquisition. The differences between the income taxes expected at the Federal statutory income tax rate and the reported income tax (benefit) expense is as follows: 2017 2016 Federal statutory rate (34.0 )% (34.0 )% State income taxes, net of federal benefit (6.5 ) (4.6 ) Non-deductible 0.5 1.7 Income tax credits (2.5 ) (3.5 ) Deferred rate change 62.5 — Valuation allowance (31.5 ) 40.4 Effective tax rate (11.5 )% 0.0 % The components of net deferred tax assets are as follows (in thousands): December 31, 2017 2016 Net operating loss carryforwards $ 14,681 $ 17,245 Tax credit carryforwards 1,322 745 Stock-based compensation 1,336 1,891 Licensing deduction deferral 3,393 5,385 Other timing differences 175 262 Gross deferred tax assets 20,907 25,528 Valuation allowance (20,907 ) (25,528 ) Net deferred tax asset $ — $ — The Company’s deferred tax assets at December 31, 2017 and 2016 consisted primarily of its net operating loss carryforwards, deferred compensation, tax credit carryforwards, intangible assets capitalized for federal income tax purposes and certain accruals that for tax purposes are not deductible until future payment is made. The valuation allowance decreased $4,621,000 and increased $3,633,000 for the years ended December 31, 2017 and 2016, respectively, and is primarily attributable to the deferred tax rate change in 2017. The Company has incurred net operating losses since inception. At December 31, 2017, the Company had federal and state net operating loss carryforwards of approximately $55,000,000 and $48,000,000, respectively, which are available to reduce future taxable income through 2037. In addition, the Company has federal and state research credits of $937,000 and $488,000, respectively, to offset future tax expense through 2037. Based on an assessment of all available evidence including, but not limited to the Company’s limited operating history in its core business and lack of profitability, uncertainties of the commercial viability of its technology, the impact of government regulation and healthcare reform initiatives, and other risks normally associated with biotechnology companies, the Company has concluded that it is more likely than not that these net operating loss carryforwards and credits will not be realized and, as a result, a full deferred income tax valuation allowance has been recorded against these assets. Under the provisions of the Internal Revenue Code, certain substantial changes in the Company’s ownership may result in a limitation on the amount of net operating loss carryforwards and research and development credit carryforwards which could be utilized annually to offset future taxable income and taxes payable. The Company does not believe any substantial changes in ownership have occurred, however a detailed analysis would need to be conducted in order to be certain. The Company files income tax returns in the United States, Massachusetts and New Jersey. The Company is subject to tax examinations for federal and state purposes for tax years 2012 through 2017. The Company has not recorded any uncertain tax positions as of December 31, 2017 or 2016. The Company does not believe there will be any material changes in its unrecognized tax positions over the next 12 months. The Company has not incurred any interest or penalties. In the event that the Company is assessed interest or penalties at some point in the future, they will be classified in the financial statements as general and administrative expenses. |