Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.22.1
Income Taxes
12 Months Ended
Dec. 31, 2021
Income Taxes  
Income Taxes

Note 6. Income Taxes

 

The 2021 and 2020 annual effective tax rate is estimated to be a combined 25% for the combined U.S. federal and state statutory tax rates. The Company reviews tax uncertainties in light of changing facts and circumstances and adjust them accordingly. As of December 31, 2021 and 2020, there were no tax contingencies or unrecognized tax positions recorded.

 

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities recognized for financial reporting, and the amounts recognized for income tax purposes. The significant components of deferred tax assets (at an approximate 25% effective tax rate) as of December 31, 2021 and 2020, respectively, are as follows.

 

Deferred tax assets consisted of the following (rounded in millions):

 

 

 

2021

 

 

2020

 

Capitalized start-up costs

 

$

 

 

$ 0.1

 

Stock-based compensation

 

 

3.1

 

 

 

3.3

 

Patent impairment provision

 

 

0.3

 

 

 

0.3

 

Accrued legal settlement

 

 

 

 

 

1.1

 

Net operating loss carry-forward

 

 

27.6

 

 

 

24.3

 

Research and development tax credits

 

 

0.3

 

 

 

0.3

 

Less: valuation allowance

 

 

(31.3 )

 

 

(29.4 )

Total

 

$

 

 

$

 

 

The Company has a net operating loss carry-forward for federal and state tax purposes of approximately $109.2 million at December 31, 2021, that is potentially available to offset future taxable income. The Tax Cuts and Jobs Act (the “Tax Act”) changes the rules on net operating loss (NOL) carry-forwards. The 20-year limitation was eliminated for losses incurred after January 1, 2018, giving the taxpayer the ability to carry forward losses indefinitely. However, NOL carry forward arising after January 1, 2018, will now be limited to 80% of taxable income. The $109.2 million available at December 31, 2021 includes $46.9 million of post 2017 NOLs without expiration dates and $62.3 million of pre-2018 NOLs expiring from 2024 to 2037. Given the Company’s projections of taxable income for the years between 2024 and 2037, it’s likely these NOLs will expire unused.

 

For financial reporting purposes, no deferred tax asset was recognized because as of December 31, 2021 and 2020, management currently estimates that it is more likely than not that substantially all of the deferred tax assets, the majority of which are net operating losses that we project currently will be unused. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the years in which those temporary differences are deductible. The timing and manner in which the Company can utilize our net operating loss carry-forward and future income tax deductions in any year may be limited by provisions of the Internal Revenue Code regarding the change in ownership of corporations. Such limitation may have an impact on the ultimate realization of our carry-forwards and future tax deductions. Section 382 of the Internal Revenue Code (Section 382) imposes limitations on a corporation’s ability to utilize net operating losses if it experiences an “ownership change.” In general terms, an ownership change may result from transactions increasing the ownership of certain stockholders in the stock of a corporation by more than 50 percentage points over a three-year period. Any unused annual limitation may be carried over to later years, and the amount of the limitation may under certain circumstances be increased by the built-in gains in assets held by us at the time of the change that are recognized in the five-year period after the change. Prior period ownership changes, coupled with the Company’s projections of the lack of taxable income for the foreseeable future, would substantially limit any future benefit to be derived from our NOLs, especially those generated in pre-2018 tax years.

 

The reconciliation between income taxes (benefit) at the U.S. and State statutory combined tax rates of approximately 25% and the amount recorded in the accompanying consolidated financial statements is as follows (rounded in millions):

 

 

 

December 31,

 

 

December 31,

 

 

 

2021

 

 

2020

 

Tax benefit at U.S. federal statutory rates

 

$ (1.7 )

 

$ (3.0 )

Tax benefit at state statutory rates

 

 

(0.2 )

 

 

(0.6 )

Tax benefit from federal and state R&D tax credits

 

 

 

 

 

(0.1 )

Increase in valuation allowance

 

 

1.9

 

 

 

3.7

 

Total provision for income tax benefit

 

$

 

 

$