Note 16 - Income Taxes
12 Months Ended
Dec. 31, 2016
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
1
6
. Income Taxes
     
 
Significant components of deferred tax assets are as follows:
 
 
 
Years Ended December 31,
 
 
 
2016
 
 
2015
 
                 
Loss carry forwards
  $
57,097
    $
53,693
 
Derivative valuations
   
685
     
(955
)
NQSO
   
2,214
     
1,710
 
Tax Credits
   
433
     
433
 
Other
   
(99
)    
198
 
Total deferred tax asset
 
 
60,330
 
 
 
55,079
 
                 
Valuation allowance
   
(60,330
)    
(55,079
)
Total deferred tax asset, net
 
 
-
 
 
 
-
 
 
The valuation allowance increased
$5,251
and
$131
in
2016
and
2015,
respectively. The change in deferred tax assets resulted from current year net operating losses and changes to future tax deductions resulting from derivative valuations, the terms of stock compensation plans, and accrued liabilities.
 
 
The following table accounts for the differences between the expected federal tax benefit (based on the statutory U.S. federal income tax rate of
34%)
and the actual tax provision:
 
 
 
Years Ended December 31,
 
 
 
2016
 
 
2015
 
 
2014
 
                         
Expected federal tax benefit
   
-34.0
%    
-34.0
%    
-34.0
%
Permanent items
   
5.6
%    
0.4
%    
0.1
%
Net operating loss utilized or expired
   
0.0
%    
0.0
%    
0.0
%
Increase in valuation allowance and others
   
28.4
%    
33.6
%    
33.9
%
                         
Effective tax rate
 
 
0
%
 
 
0
%
 
 
0
%
 
As of
December
31,
2016,
the Company had approximately
$152.2
million of net operating loss (“NOL”) carryforwards for U.S. federal income tax purposes expiring in
2019
through
2036.
As of
December
31,
2016,
the Company had approximately
$91.5
million of NOL carryforwards for California income tax purposes expiring in
2017
through
2036,
respectively. The Company and Liquidmetal Golf, Inc. file on a separate company basis for federal income tax purposes. Accordingly, the federal NOL carryforwards of
one
legal entity are not available to offset federal taxable income of the other. Liquidmetal Golf, Inc. had approximately
$36.0
million in federal NOL carryforwards, expiring in
2019
through
2036.
 
We recognize excess tax benefits associated with the exercise of stock options directly to shareholders’ equity only when realized. Accordingly, deferred tax assets are not recognized for NOL carryforwards resulting from excess tax benefits. As of
December
31,
2016,
deferred tax assets do not include approximately
$133
of these tax effected excess tax benefits from employee stock option exercise that are a component of our NOL carryforwards. Accordingly, additional paid-in capital will increase up to an additional
$133
if and when such excess tax benefits are realized.
 
As of
December
31,
2016,
the Company had approximately
$189
of Research & Development (“R&D”) credit carryforwards for U.S. federal income tax purposes expiring in
2021
through
2030.
In addition, the Company has California R&D credit carryforwards of approximately
$243,
which do not expire under current California law.
 
Section
382
of the Internal Revenue Code (“IRC”) imposes limitations on the use of NOL’s and credits following changes in ownership as defined in the IRC. The limitation could reduce the amount of benefits that would be available to offset future taxable income each year, starting with the year of an ownership change. As a result of the completion of the complex analysis required by the IRC to determine if an ownership change has occurred, the Company has determined that its annual NOL carryforward limitation under Section
382
of the IRC is
$764
per year.
     
The ability to realize the tax benefits associated with deferred tax assets, which includes benefits related to NOL’s, is principally dependent upon the Company’s ability to generate future taxable income from operations. The Company has provided a full valuation allowance for its net deferred tax assets due to the Company’s net operating losses.
 
The Company adopted the provisions of FASB ASC Topic
470
– Income Taxes. At the adoption date and as of
December
31,
2016,
the Company had no material unrecognized tax benefits and no adjustments to liabilities or operations were required. The Company recognizes interest and penalties related to uncertain tax positions in income tax expense which were
$0
for the years ended
December
31,
2016,
2015
and
2014.
 
As of
December
31,
2016,
the tax years
2013
through
2015,
and
2011
through
2015
are subject to examination by the federal and California taxing authorities, respectively.