Annual report pursuant to Section 13 and 15(d)

13. INCOME TAXES

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13. INCOME TAXES
12 Months Ended
Apr. 30, 2016
Income Tax Disclosure [Abstract]  
INCOME TAXES

 

At April 30, 2016, the Company had federal and state net operating loss carryforwards of $36,170,000 and $36,170,000, respectively, available to offset against future taxable income, which expire in 2019 through 2034.

 

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,
    2016   2015
(As Restated)
Deferred tax assets:                
Net operating loss carryforwards   $ 14,267,224     $ 13,118,046  
Stock compensation     2,376,826        
Other     29,682       8,291  
Total deferred tax assets     16,673,732       13,126,337  
Total deferred tax liabilities            
Net deferred tax assets     16,673,732       13,126,337  
Valuation allowance     (16,673,732 )     (13,126,337 )
    $     $  

 

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, 2016 and 2015 were increases of $3,547,395 and $305,243, 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,
    2016   2015
(As Restated)
  2014
Federal benefit at statutory rate   $ (2,061,687 )   $ (3,375,420 )   $ (8,871,790 )
State income taxes, net of Federal taxes     (330,173 )     (540,564 )     (1,420,791 )
Permanent differences     711,316       1,433,758       644,287  
Provision related to change in valuation allowance     3,547,395       305,243       364,071  
Stock compensation     (2,065,695 )                
Return to provision     195,211       2,339,028       9,063,069  
Other, net     3,633       (162,045 )     221,154  
    $     $     $  

 

There have been no changes to the Company’s liability for unrecognized tax benefits during the year ended April 30, 2016.

 

The Company files income tax return in the U.S. Federal jurisdiction and various state jurisdictions. As of the year ended April 30, 2016, the tax returns for 2010 through 2015 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, 2016, 2015 and 2014, the Company had accrued no interest or penalties related to uncertain tax positions.