8.	Income Taxes

The Company accounts for income taxes using the liability method under ASC Topic 740, Income Taxes. Under this method, deferred tax assets and liabilities are determined based on temporary differences resulting from the different treatment of items for tax and financial reporting purposes. Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to reverse. Additionally, the Company must assess the likelihood that deferred tax assets will be recovered as deductions from future taxable income. The Company has provided a full valuation allowance on the Company’s deferred tax assets because the Company believes it is more likely than not that its deferred tax assets will not be realized. The Company evaluates the recoverability of its deferred tax assets on a quarterly basis. Currently, there is no provision for income taxes as the Company has incurred losses to date.

The components of (loss) before income taxes are as follows:

 

		Year ended December 31,
		2013				2012
Domestic (US)		$	(547,508)			$	(190,025)
Foreign (UK)			(7,855,509)				(5,244,538)
Foreign (Germany)			(176,229)				(893,777)
Loss before income taxes		$	(8,579,246)			$	(6,328,340)

 

The reconciliation of income tax expense (benefit) at the UK corporation tax rate, being the rate applicable to the country of domicile of Xenetic UK, to net income tax expense (benefit) is as follows:

 

		Year ended December 31,
		2013				2012
UK corporation tax benefit at statutory rate		$	(1,994,675	)		$	(1,550,443	)
Increase in tax losses not recognized			1,461,836				1,319,946
Permanent differences, net			674,920				99,825
Foreign rate differential			(100,131	)			(89,442	)
Share-based compensation, net			9,179				6,770
Other			163				6,531
Impairment of IPR&D			-				266,471
Enhanced research and development tax credits			(51,292	)			(59,658	)
Net expense (benefit) for income taxes		$				$	-

Deferred tax assets and liabilities reflect the net tax effect of temporary differences between the carrying amount of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the Company’s deferred tax assets are as follows:

 

		Year ended December 31,
		2013				2012
Deferred tax assets:
UK net operating loss carryforwards		$	7,735,113			$	7,543,489
Enhanced research and development tax credits			713,029				751,213
Share-based compensation			409,391				462,976
Germany net operating loss carryforwards			360,763				290,036
US federal net operating loss carryforwards			242,254				59,294
US state net operating loss carryforwards			35,929				8,754
Other			24,781				31,726
Total deferred tax assets before valuation allowance			9,521,260				9,147,488
Less valuation allowance			(9,521,260	)			(9,147,488	)
Net deferred tax assets		$	-			$	-
Deferred tax liability:
Indefinite-lived intangible asset		$	(3,257,910	)		$	(3,192,909	)
Total net deferred tax liability		$	(3,257,910	)		$	(3,192,909	)

For the years ended December 31, 2013 and 2012, the Company had UK net operating loss carryforwards of $41.7 million and $35.5 million respectively, US federal net operating loss carryforwards of $692,153 and $169,410 respectively, US state net operating loss carryforwards of $690,942 and $168,352 respectively, and Germany net operating loss carryforwards of $1,142,197 and $918,275 respectively. The UK and Germany net operating loss carryforwards can be carried forward indefinitely. The US federal and state net operating loss carryforwards begin to expire in 2032.

The Company’s ability to use its operating loss carryforwards and tax credits generated in the US to offset future taxable income is subject to restrictions under Section 382 of the United States Internal Revenue Code (the “Internal Revenue Code”). These restrictions may limit the future use of the operating loss carryforwards and tax credits if certain ownership changes described in the Internal Revenue Code occur. Future changes in stock ownership may occur that would create further limitations on the Company’s use of the operating loss carryforwards and tax credits. In such a situation, the Company may be required to pay income taxes, even though significant operating loss carryforwards and tax credits exist.

The Company’s ability to use its operating loss carryforwards and tax credits generated in the UK are subject to restrictions under UK tax legislation. These regulations may limit the future use of operating loss carryforwards if there is a change in ownership and a change in the nature or conduct of the business carried on by the Company, and in certain circumstances where there is a change in the nature or conduct of the business only. In such cases the carryforwards would cease to be available to set against future income.

The Company’s ability to use its operating loss carryforwards and tax credits generated in Germany are also subject to restrictions under German tax legislation. These regulations may limit the future use of operating loss carryforwards if there is a change in ownership. In such cases the carryforwards would cease to be available to set against future income.

Uncertain Tax Positions

As of December 31, 2013 and 2012, the Company recorded unrecognized tax positions of $185,961 and $182,251 respectively, due to a claim for research and development tax credits. The changes to unrecognized tax positions for 2013 and 2012 were as follows:

 

		Year ended December 31,
		2013				2012
Unrecognized tax benefits as of January 1		$	182,251			$	174,289
Gross adjustments in tax positions			-				-
Gross increases			-				-
Foreign currency translation			3,710				7,962
Unrecognized tax positions as of December 31		$	185,961			$	182,251

The Company has not yet conducted a study of its research and development tax credit carryforwards. This study may result in an increase or decrease in the Company’s research and development credit carryforwards; however, until a study is completed and any adjustment is determined, no amounts are recorded as an uncertain tax position. A full valuation allowance has been provided against the Company’s research and development credits and, if an adjustment is required, this adjustment would be offset by an adjustment to the valuation allowance with no resulting impact on overall income tax expense or the consolidated statement of operations and comprehensive loss.

 

The Company files income tax returns in the US federal tax jurisdiction, Nevada and Massachusetts state tax jurisdiction, and certain foreign tax jurisdictions. Since the Company is in a loss carryforward position, the Company is generally subject to examination by the US federal, state, foreign, and local income tax authorities for all tax years in which a loss carryforward is available. The Company is not currently under examination by the Internal Revenue Service. Subject to the research and development tax credit claim referred to above, the Company is not currently under examination by any other jurisdiction for these years. The Company has not recorded any interest or penalties for unrecognized tax benefits since its inception.