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Income Taxes (Tables)
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Summary of Loss Before Income taxes

The following table summarizes loss before income taxes:

 

 

Years Ended December 31,

 

 

 

2022

 

 

2021

 

U.S. pre-tax loss

 

$

(21,611,254

)

 

$

(17,156,070

)

Foreign pre-tax gain (loss)

 

 

27,615

 

 

 

33,375

 

Loss before income taxes

 

$

(21,583,639

)

 

$

(17,122,695

)

Components of Income Tax Expense

The components of income tax expense are as follows:

 

 

Years Ended December 31,

 

 

 

2022

 

 

2021

 

Current:

 

 

 

 

 

 

Federal

 

$

 

 

$

 

State

 

 

3,270

 

 

 

13,769

 

Foreign

 

 

7,567

 

 

 

8,706

 

Total current income tax expense

 

$

10,837

 

 

$

22,475

 

 

 

 

 

 

 

 

Deferred:

 

 

 

 

 

 

Federal

 

$

 

 

$

 

State

 

 

 

 

 

 

Foreign

 

 

 

 

 

 

Total deferred income tax expense

 

$

 

 

$

 

Total income tax expense

 

$

10,837

 

 

$

22,475

 

Schedule of Difference in Actual Income Tax Expense Computed by Applying the Statutory Federal Income Tax Rate to Loss Before Income Taxes

The Company’s actual income tax expense for the years ended December 31, 2022 and 2021 differ from the expected amount computed by applying the statutory federal income tax rate to loss before income taxes as follows:

 

 

Years Ended December 31,

 

 

 

2022

 

 

2021

 

Computed tax (benefit) at 21%

 

$

(4,532,565

)

 

$

(3,586,925

)

State taxes, net of federal benefit

 

 

(989,018

)

 

 

(1,177,951

)

Stock-based compensation

 

 

128,789

 

 

 

240,177

 

Foreign tax rate differential

 

 

5,635

 

 

 

(2,171

)

Return to provision

 

 

13,047

 

 

 

53,340

 

Nontaxable loan forgiveness

 

 

 

 

 

(360,570

)

Other

 

 

17,615

 

 

 

9,048

 

Research and development tax credit - state

 

 

(234,971

)

 

 

(265,362

)

Research and development tax credit - federal

 

 

(235,910

)

 

 

(212,408

)

Uncertain tax position adjustment for prior periods

 

 

(8,856

)

 

 

(6,395

)

Increase in valuation allowance

 

 

5,847,071

 

 

 

5,331,692

 

 

 

$

10,837

 

 

$

22,475

 

Schedule of Deferred Tax Assets and Liabilities

Deferred tax assets and liabilities comprise the following:

 

 

Years Ended December 31,

 

 

 

2022

 

 

2021

 

Deferred tax assets:

 

 

 

 

 

 

Net operating loss carryforwards

 

$

50,968,402

 

 

$

47,752,053

 

Research and development credits

 

 

4,393,368

 

 

 

3,940,199

 

R&D expenditures capitalization

 

 

2,001,908

 

 

 

 

Deferred revenue

 

 

45,373

 

 

 

42,802

 

Inventory reserve

 

 

310,983

 

 

 

6,806

 

Fixed assets and intangibles

 

 

291,244

 

 

 

304,019

 

Accrued NuvoGen liability

 

 

1,035,659

 

 

 

1,196,563

 

Lease liability

 

 

266,797

 

 

 

366,653

 

Other

 

 

755,029

 

 

 

711,343

 

Gross deferred tax assets

 

 

60,068,763

 

 

 

54,320,438

 

Valuation allowance

 

 

(59,805,688

)

 

 

(53,958,617

)

Deferred tax assets, net

 

 

263,075

 

 

 

361,821

 

Deferred tax liabilities:

 

 

 

 

 

 

Right of use asset

 

 

263,075

 

 

 

361,821

 

Total deferred tax liabilities

 

 

263,075

 

 

 

361,821

 

Net deferred tax assets (liabilities)

 

$

-

 

 

$

-

 

 

As of December 31, 2022, the Company has estimated federal and state net operating loss (“NOL”) carryforwards of approximately $206.2 million and $155.2 million, respectively. $121.6 million of the federal NOLs are scheduled to expire from 2023 through 2037, while the remaining NOLs do not expire. $154.2 million of the state NOLs are scheduled to expire from 2024 through 2042, while the remaining NOLs do not expire. The Company’s federal and state tax credit carryforwards begin expiring in 2023.

 

For financial reporting purposes, valuation allowances of $59.8 million and $54.0 million at December 31, 2022 and 2021, respectively, have been established to offset deferred tax assets relating primarily to NOLs and research and development credits. The increase in the valuation allowance of $5.8 million for the year ended December 31, 2022 was primarily due to increased operating losses. The Company has established a valuation allowance against its entire net deferred tax asset. As a result, the Company does not recognize any tax benefit until it is in a taxpaying position or there is no longer negative evidence leading to the conclusion that it is more likely than not that the benefits will not be realized.

Schedule of Reconciliation of Gross Unrecognized Tax Benefits

A reconciliation of the Company’s gross unrecognized tax benefits is as follows:

 

 

Years Ended December 31,

 

 

 

2022

 

 

2021

 

Balance at beginning of year

 

$

3,193,331

 

 

$

2,960,842

 

Increases to prior positions

 

 

 

 

 

 

Decreases to prior positions

 

 

(8,856

)

 

 

(6,395

)

Increases for current year positions

 

 

235,441

 

 

 

238,884

 

Balance at end of year

 

$

3,419,916

 

 

$

3,193,331