Annual report pursuant to Section 13 and 15(d)

13. INCOME TAXES

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13. INCOME TAXES
12 Months Ended
Apr. 30, 2015
Income Tax Disclosure [Abstract]  
INCOME TAXES

At April 30, 2015, the Company had federal and state net operating loss carryforwards of $33,257,000 and $33,257,000, respectively, available to offset against future taxable income, which expire in 2019 through 2033.

 

Current tax laws limit the amount of loss available to be offset against future taxable income when a substantial change in ownership occurs. Therefore, the amount available to offset future taxable income may be limited. Based on the 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 regulations and healthcare reform initiatives and other risks normally associated with biotechnology companies, the Company has concluded that is more likely than not that these operating loss carryforwards will not be realized. As a result, 100% of the deferred tax valuation allowance has been recorded against these assets.

 

Deferred income taxes reflect the net effect of temporary differences between the financial reporting carrying amounts of assets and liabilities and income tax carrying amounts of assets and liabilities. The components of the Company’s deferred tax assets and liabilities, both current and long-term, are as follows:

 

  April 30,  
    2015     2014  
Deferred tax assets:                
Net operating loss carryforwards   $ 13,118,046     $ 21,328,813  
Forgiveness of debt           555,349  
Other     8,291        
Total deferred tax assets     13,126,337       21,884,162  
Deferred tax liabilities:                
Shares issued for services           5,701,048  
Conversion of preferred stock           2,004,300  
Conversion of debt           1,357,720  
Total deferred tax liabilities           9,063,068  
Net deferred tax assets     13,126,337       12,821,094  
Valuation allowance     (13,126,337 )     (12,821,094 )
    $     $  

 

For all years presented, the Company did not recognize any deferred tax assets or liabilities. The net change in valuation allowance for the years ended April 30, 2015 and 2014 were increases of $305,243 and $364,071, respectively.

  

The provision for income taxes differs from the provision computed by applying the Federal statutory rate to net loss before income taxes as follows:

    Years ended April 30,  
    2015     2014     2013  
Federal benefit at statutory rate   $ (3,375,420 )   $ (8,871,790 )   $ (543,355 )
State income taxes, net of Federal taxes     (540,564 )     (1,420,791 )     (87,017 )
Permanent differences     1,433,758       644,287       109,296  
Provision related to change in valuation allowance     305,243       364,071       256,694  
Return to provision     2,339,028       9,063,069       348,057  
Other, net     (162,045 )     221,154       (83,675 )
    $     $     $  

 

There have been no changes to the Company’s liability for unrecognized tax benefits during the year ended April 30, 2015.

 

The Company files income tax return in the U.S. Federal jurisdiction and various state jurisdictions. As of the year ended April 30, 2015, the tax returns for 2009 through 2014 remain open to examination by the Internal Revenue Service and various state tax authorities.

 

The Company’s policy is to recognize any interest and penalties related to unrecognized tax benefits as a component of income tax expense. As of the years ended April 30, 2015, 2014 and 2013, the Company had accrued no interest or penalties related to uncertain tax positions.