Mustang Bio, Inc. Annual report pursuant to Section 13 and 15(d)

Annual report pursuant to Section 13 and 15(d)

Income Taxes

Income Taxes

12 Months Ended

Dec. 31, 2016

Note 9 Income Taxes

For financial reporting purposes, the Company calculated income tax provision and deferred income tax balances as if it was a separate entity and had filed its own separate tax return under Sub-chapter C of the Internal Revenue Code.

A reconciliation of the statutory U.S. federal rate to the Company’s effective tax rate is as follows:

	For the years ended December 31,
	2016			2015

Statutory federal income tax rate		35	%		35	%
State taxes, net of federal tax benefit		13	%		5	%
Non-deductible items		(3)	%		(2)	%
Credits		-			1	%
Rate change		1	%		-
Other		1	%		-
Change in valuation allowance		(47)	%		(39)	%
Income taxes provision (benefit)		-			-

The components of the net deferred tax asset as of December 31, 2016 and 2015 are the following ($ in thousands):

	As of December 31,
	2016		2015

Deferred tax assets:
Net operating loss carryovers	$	3,310	$	893
Stock compensation and other		301		-
Change in warrant liability		76		-
Amortization of license		3,848		815
Start up costs		13		-
Tax credits		89		38
Total deferred tax assets		7,637		1,746
Less valuation allowance		(7,637)		(1,746)
Deferred tax assets, net of valuation allowance	$	-	$	-

The Company has determined, based upon available evidence, that it is more likely than not that the net deferred tax asset will not be realized and, accordingly, has provided a full valuation allowance against its net deferred tax asset. A valuation allowance of approximately $7.6 million and $1.7 million, respectively, was recorded for the year ended December 31, 2016 and the period from March 13, 2015 (inception) through December 31, 2015.

As of December 31, 2016, the Company had federal and state net operating loss carryforwards of approximately $7.3 million and $13.5 million, respectively. The federal and state net operating loss carryforwards will begin to expire, if not utilized, by 2035 and 2025, respectively. Utilization of the net operating loss carryforward may be subject to an annual limitation due to the ownership change limitations provided by Section 382 of the Internal Revenue Code of 1986, as amended and similar state provisions.

There are no significant items determined to be unrecognized tax benefits taken or expected to be taken in a tax return, in accordance with ASC 740 “Income Taxes” (“ASC 740”), which clarifies the accounting for uncertainty in income taxes recognized in the financial statements, that have been recorded on the Company’s financial statements for the period ended December 31, 2016. The Company does not anticipate a material change to unrecognized tax benefits in the next twelve months.

Additionally, ASC 740 provides guidance on the recognition of interest and penalties related to income taxes. There were no interest or penalties related to income taxes that have been accrued or recognized as of and for the period ended December 31, 2016.

The federal and state tax returns for the periods ended December 31, 2016 and 2015 are currently open for examination under the applicable federal and state income tax statues of limitations.