Income Taxes | 1 1 . No current provision for federal and state income taxes has been recorded as the Company has incurred losses since inception for tax purposes. Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. In assessing the realizability of net deferred taxes in accordance with ASC 740 the Company considers whether it is more likely than not that some portion or all the deferred tax assets will not be realized. Based on the weight of available evidence, primarily the incurrence of net losses since inception, anticipated net losses in the near future, reversals of existing temporary differences and expiration of various federal and state attributes, the Company does not consider it more likely than not that some or all of the net deferred taxes will be realized. Accordingly, a 100% valuation allowance has been applied against net deferred taxes. As of December 31, 2020, the Company had federal and state income tax net operating loss (“NOL”) carryforwards of approximately $178.1 million and $172.0 million, respectively. Federal NOL carryforwards generated through December 31, 2017 and state NOL carryforwards will expire at various dates through 2040. The federal NOL carryforwards generated during the year ended December 31, 2018 and thereafter will carryforward indefinitely. As of December 31, 2020, the Company had federal and state research and development tax credit carryforwards of approximately $5.4 million and $1.2 million, respectively, which will expire at various dates through 2040. On December 22, 2017, the Tax Cuts and Jobs Act of 2017 (“Tax Act”) was enacted into law making significant changes to the Internal Revenue Code. The main provision impacting the Company is the reduction in the U.S. statutory corporate tax rate to 21% for years beginning after December 31, 2017. On the same day, the SEC staff issued Staff Accounting Bulletin No. 118, or SAB 118, which provides guidance for companies that have not completed their accounting for the income tax effects of the Tax Act in the period of enactment, allowing for a measurement period of up to one year after the enactment date to finalize the recording of the related tax impacts. The Coronavirus Aid, Relief and Economic Security (“CARES”) Act was enacted in the United States on March 27, 2020. CARES includes several income tax provisions such as NOL carryback and carryforward benefits and other tax deduction benefits. As noted previously, the Company’s U.S. deferred tax asset has a full valuation allowance, accordingly these NOL and other benefit provisions have no impact on the Company’s financial statements for the period ended December 31, 2020. Significant components of the Company’s deferred tax assets and liabilities at December 31, 2020 and 2019 are as follows: Years ended December 31, 2020 2019 Deferred Tax Assets Federal & state NOL carryforward $ 48,273,248 $ 37,752,925 Federal & state R&D credit carryforward 6,375,229 4,840,115 Intangibles – net 78,378 120,318 Accounts payable and accrued expenses 192,200 2,898,710 Stock options 3,762,247 4,527,462 Other items 94,020 80,812 Gross deferred tax assets 58,775,322 50,220,342 Valuation allowance (58,711,582 ) (50,165,427 ) Deferred tax assets, net $ 63,740 $ 54,915 Deferred Tax Liabilities Lease liability (63,740 ) (54,915 ) TOTAL $ — $ — The change in valuation allowance of $8.5 million from December 31, 2019 to December 31, 2020 was primarily the result of an increase in net operating losses and tax credits. The components of the income tax benefit for the years ended December 31, 2020 and 2019, are as follows: Years ended December 31, 2020 2019 Deferred Taxes Federal $ (338,924 ) $ (1,205,175 ) State (140,341 ) (104,798 ) Total income tax benefit $ (479,265 ) $ (1,309,973 ) Under Section 382 of the Internal Revenue Code of 1986, as amended, a corporation that undergoes an “ownership change” is subject to limitations on its ability to utilize its pre-change NOLs and certain other tax assets to offset future taxable income. In general, an ownership change occurs if the aggregate stock ownership of certain stockholders increases by more than 50 percentage points over such stockholders’ lowest percentage ownership during the testing period (generally three years). Transactions involving the Company’s common stock within the testing period, even those outside the Company’s control such as purchases or sales by investors, could result in an ownership change. A limitation on the Company’s ability to utilize some or all its NOLs or credits could have a material adverse effect on the Company’s results of operations and cash flows. Prior to December 31, 2017, the Company believes it underwent three ownership changes, however, management believes that sufficient “Built-In-Gains” will offset any Section 382 limitation generated by such ownership changes. Any future ownership changes, including those resulting from our recent or future financing activities, may cause our existing tax attributes to have additional limitations. The Company reevaluated its analysis performed earlier in 2020 and determined that no ownership changes occurred in the year ended December 31, 2020, and therefore, all of the Company’s tax attributes remain available for use, subject to annual limitations. Subject to annual limitations, Federal net operating losses generated in years 2018 and beyond will have an indefinite carryforward period and will not expire. Federal NOLs generated in December 31, 2017 and prior, as well as state NOLs, will expire at various dates through 2040. Future changes in federal and state tax laws pertaining to net operating loss carryforwards may also cause limitations or restrictions from us claiming such net operating losses. If the net operating loss carryforwards become unavailable to us or are fully utilized, our future taxable income will not be shielded from federal and state income taxation absent certain U.S. federal and state tax credits, and the funds otherwise available for general corporate purposes would be reduced. All tax years are open for examination by the taxing authorities for both federal and state purposes. A reconciliation of the federal statutory tax rate of 21% to the Company’s effective income tax rates are as follows: Years ended December 31, 2020 2019 Statutory tax rate 21.00 % 21.00 % State taxes, net of federal benefits 5.06 % 5.62 % Federal research and development credits 3.28 % 1.44 % Change in valuation allowance (22.76 ) % (25.44 ) % Stock-based compensation (5.85 ) % (0.81 ) % Other 0.55 % 0.30 % Effective tax rate 1.28 % 2.11 % |