INCOME TAXES | Income Taxes The Company had no federal income tax expense and immaterial state tax expense for the years ended December 31, 2016 , 2015 and 2014 . The differences between the effective income tax rate and the statutory tax rates during the years ended 2016 , 2015 and 2014 are as follows (in thousands): Year Ended December 31, 2016 2015 2014 Net loss before tax $ (83,118 ) $ (64,544 ) $ (43,698 ) Statutory combined US federal and state tax rate 34.00 % 34.00 % 39.83 % Statutory federal and state taxes (28,260 ) (21,945 ) (17,405 ) Increase (decrease) in taxes recoverable resulting from: Effect of change in valuation allowance 28,446 22,350 12,273 Non-deductible share-based compensation 1,247 923 930 Non-deductible warrant expenses for tax purposes — — 1,799 Tax credits (2,906 ) (2,430 ) (227 ) Share issue costs - temporary difference (78 ) (184 ) (184 ) Differential in income tax rates of foreign subsidiary 261 31 3,047 Uncertain Tax Positions 3,921 1,961 47 Return to provision and other true-ups (2,619 ) (899 ) — Other differences (12 ) 193 (280 ) Income tax benefit $ — $ — $ — Deferred Tax The following table summarizes the significant components of our deferred tax assets (in thousands): December 31, 2016 2015 Deferred tax assets: Tangible and intangible depreciable assets $ 990 $ 199 Stock compensation 6,635 4,429 Provisions 853 725 Financing fees — 78 Net operating loss carry forwards 66,489 42,864 Capital loss carryforward 51 102 Scientific research and experimental development expenditures 5,531 5,552 Research and development tax credits 4,266 2,411 Total gross deferred tax assets 84,815 56,360 Less valuation allowance (84,815 ) (56,360 ) Net deferred tax assets $ — $ — Total valuation allowance increased by $28.5 million for the year ended December 31, 2016 . The Company has established a full valuation allowance against its deferred tax assets as of December 31, 2016 due to the uncertainty surrounding the realization of such assets as evidenced by the cumulative losses from operations through December 31, 2016 . For Canadian federal income tax purposes, the Company's Canadian federal scientific research and experimental development expenditures amounted to $19.9 million at December 31, 2016 and 2015 and $20.1 million at December 31, 2014 and for provincial income tax purposes amounted to $21.6 million at December 31, 2016 and 2015 and $22.7 million at December 31, 2014 . As operations in Canada ceased during 2014, the expenditures incurred for the year ended December 31, 2016 and 2015 were much lower than previous years. These expenditures are available to reduce future taxable income and have an unlimited carry forward period. Scientific research and development expenditures are subject to verification by the taxation authorities, and accordingly, these amounts may vary by a material amount. In addition, the Company has research and development tax credit carryforwards for U.S. federal and state income tax purposes as of December 31, 2016 of $4.4 million and $2.0 million , respectively. The federal credits will begin to expire in 2034 unless utilized and the state credits have an indefinite life. At December 31, 2016 , the Company's net operating loss carry forwards ("NOLs") for U.S. federal and state income taxes were $133.4 million and $77.3 million , respectively and the Company's NOLs for Canadian federal and provincial income tax purposes were $79.2 million and $78.5 million , respectively. The NOLs are available to offset future taxable income from both U.S. federal and state tax sources, as well as Canadian federal and provincial tax sources and the tax benefits of which have not been recognized in the consolidated financial statements. The NOLs expire as follows (in thousands): US Canada Federal State Federal Provincial Expires in: 2030 $ — $ — $ 5,907 $ 5,985 2031 — — 7,059 7,066 2032 — — 13,308 12,433 2033 3,261 2,286 18,623 19,385 2034 7,260 22,162 32,401 31,809 2035 53,345 52,878 1,084 1,084 2036 69,508 — 777 777 $ 133,374 $ 77,326 $ 79,159 $ 78,539 The future utilization of the US federal and state NOL carryforwards to offset future taxable income may be subject to an annual limitation as a result of ownership changes that may have occurred previously or may occur in the future. The Tax Reform Act of 1986 (the "Act") limits a company's ability to utilize certain tax credit carryforwards and net operating loss carryforwards in the event of a cumulative change in ownership in excess of 50% as defined in the Act. The Canadian Federal and Provincial Tax Acts maintain similar rules in the case of acquisition of control. The Company files income tax returns in the U.S. (federal and state) and Canada (federal and provincial). The Company’s U.S. operations have not been audited for any open taxation years. The Company has experienced losses for U.S. tax purposes and therefore, the taxation authorities may review any loss year, if and when the losses are utilized. For Canadian tax purposes, the Company remains subject to federal and provincial audit for the December 31, 2012 and subsequent taxable years. Where taxation years remain open, the Company considers it reasonably possible that issues may be raised or tax positions agreed to with the taxation authorities, which may result in increases or decreases of the balance of non-refundable ITCs and NOLs. However, an estimate of such increases and decreases cannot be currently made. A reconciliation of the beginning and ending amounts of unrecognized tax positions are as follows (in thousands): Federal Provincial/State December 31, December 31, 2016 2015 2014 2016 2015 2014 Unrecognized tax positions, beginning of year $ 509 $ 42 $ 35 $ 2,274 $ 18 $ 6 Gross increase — current period tax positions 598 445 35 195 259 12 Gross decrease — prior period tax positions (9 ) (4 ) (28 ) — (3 ) — Gross increase — prior period tax positions — 26 — 4,866 2,000 — Expiration of statute of limitations (3 ) — — (2 ) — — Unrecognized tax positions, end of year $ 1,095 $ 509 $ 42 $ 7,333 $ 2,274 $ 18 If recognized, none of the unrecognized tax positions would impact the Company's income tax benefit or effective tax rate as long as the Company's deferred tax assets remain subject to a full valuation allowance. The Company does not expect any significant increases or decreases to the Company's unrecognized tax positions within the next 12 months. The Company recognizes interest and penalties related to unrecognized tax benefits in income tax expense. The Company had no accrual for interest or penalties on tax matters as of December 31, 2016 and 2015 and the Company had no ongoing tax audits as of December 31, 2016 . |