Income taxes | 7. Income taxes The components of net loss are as follows: Year ended December 31, 2023 2022 2021 Foreign $ (365,750) $ (6,377,901) $ (13,229,828) Domestic (13,921,006) (106,284,126) (23,897,475) Net loss $ (14,286,756) $ (112,662,027) $ (37,127,303) A reconciliation of the effect of applying the federal statutory rate to the net loss and the effective income tax rate: Year ended December 31, 2023 2022 2021 Statutory federal income tax rate 21.0 % 21.0 % 21.0 % Earnings in jurisdictions taxed at rates different from the statutory U.S. federal tax rate — % — % (0.1) % Permanent differences — % (0.6) % — % Section 162(m) limitation 10.3 % (2.5) % — % In-process research and development — % (13.5) % — % Changes in valuation allowance (31.1) % (3.7) % (18.2) % Other (0.2) % (0.7) % (2.7) % Effective income tax rate — % — % — % Significant components of the Company’s deferred taxes as of December 31, 2023 and 2022 are as follows: December 31, 2023 2022 Deferred tax assets: Net operating loss carryforward $ 41,784,757 $ 38,839,281 Stock compensation 3,955,371 2,309,828 Amortization 56,882 118,259 Capitalized research and development costs 3,487,955 2,362,347 Fixed Assets 3,574 — Accrued Expenses 155,320 — Gross deferred tax assets 49,443,859 43,629,715 Valuation allowance (49,443,859) (43,629,689) Total deferred tax assets — 26 Deferred tax liabilities: Fixed assets — (26) Total deferred tax liabilities — (26) Net deferred tax assets (liabilities) $ — $ — The Company has no income tax expense due to operating losses incurred for the years ended December 31, 2023, 2022 and 2021, respectively. The Company has provided a valuation allowance for the full amount of the net deferred tax assets as, based on all available evidence, it is considered more likely than not that all the recorded deferred tax assets will not be realized in a future period. At December 31, 2023, the Company has $118.2 million, $65.5 million, and $66.3 million of foreign, federal and state net operating loss carryforwards, respectively, that expire at various dates through 2037. Certain of these foreign, federal and state net operating loss carryforwards may be subject to Internal Revenue Code Section 382 or similar provisions, which impose limitations on their utilization. The valuation allowance increased in 2023 and 2022 by $5.8 million and $1.5 million, respectively due to the increase in the deferred tax assets by the same amounts; primarily due to net operating loss carryforwards. Realization of the future tax benefits is dependent on many factors, including the Company’s ability to generate taxable income within the net operating loss carryforward period. Under the provisions of the U.S. Internal Revenue Code and Sweden tax law, certain changes in the Company’s ownership, including a sale of the Company or significant changes in ownership due to sales of equity, may have limited, or may limit in the future, the amount of net operating loss carryforwards that could be used annually to offset future taxable income. For U.S. and Swedish income tax purposes, the Company has not completed a study to assess whether a change of control has occurred or whether there have been changes of control since the Company’s formation due to the complexity and cost associated with such study and because there could be additional changes in control in the future. As a result, the Company is not able to estimate the effect of the change in control, if any, on the Company’s ability to utilize U.S. or Swedish net operating losses or other tax attribute carryforwards in the future. For Swedish income tax purposes, the Company’s net operating losses may be subject to limitations in accordance with the country’s group contribution restriction laws. The Company files tax returns in Sweden, the United States, Massachusetts and Pennsylvania. Income tax returns prior to 2020 in the United States and Massachusetts are no longer subject to examination and income tax returns prior to 2017 are no longer subject to examination in Sweden. The Company is not currently under examination by the IRS or any other jurisdictions for any tax years. As tax law is complex and often subject to varied interpretations, it is uncertain whether some of the Company’s tax positions will be sustained upon examination. Tax liabilities associated with uncertain tax positions represent unrecognized tax benefits, which arise when the estimated benefit recorded in the Company’s financial statements differs from the amounts taken or expected to be taken in a tax return because of the uncertainties described above. Substantially all of these unrecognized tax benefits, if recognized, would benefit the Company’s effective income tax rate. As of December 31, 2023 and 2022, the Company had approximately $0.1 million and $0.1 million of liabilities, respectively, related to uncertain tax positions. As the Company’s uncertain tax positions can be offset by available net operating losses, the Company did not recognize interest and penalties for 2023, 2022 and 2021. For tax years beginning after January 1, 2022, U.S. Corporations are now mandated to capitalize direct research and development costs and costs deemed incidental to research under Section 174 of the tax code. For the years ended December 31, 2023 and 2022 the Company has capitalized approximately $7.8 million and $9.0 million of costs deemed direct or incidental to research and development. |