Income Taxes | (12) Income Taxes Cingulate Inc. is taxed as a C corporation under the Internal Revenue Code. Cingulate Inc. records deferred income taxes to reflect the impact of temporary differences between the recorded amounts of assets and liabilities for financial reporting purposes and such amounts as measured by tax laws and regulations. CTx is a wholly-owned disregarded entity of Cingulate Inc., and all of the activity for CTx, along with its wholly-owned subsidiary Cingulate Works Inc., is included in the calculation of the current and deferred tax assets and liabilities for Cingulate Inc. No deferred income tax benefit or expense was recorded for the three-month periods ended September 30, 2023, and 2022 or the nine-month periods ended September 30, 2023 and 2022, for federal or state income taxes. Income tax expense differed from the expected expense computed by applying the U.S. Federal income tax rate as follows: Schedule of Effective Income Tax Rate Reconciliation Three Months Ended Three Months Ended Nine Months Ended Nine Months Ended Federal income tax benefit at statutory rate $ (1,255,601 ) $ (845,722 ) $ (3,486,052 ) $ (2,733,779 ) State income tax benefit (330,642 ) (222,707 ) (917,994 ) (719,896 ) Permanent differences 6,154 3,157 14,457 11,920 Change in valuation allowance 2,218,188 1,132,895 5,089,875 3,572,189 Prior period adjustment to actual (620,630 ) - (620,630 ) - Other (17,469 ) (67,623 ) (79,656 ) (130,434 ) Total income tax expense $ - $ - $ - $ - Evaluating the need for, and amount of, a valuation allowance for deferred tax assets often requires significant judgment and extensive analysis of all available evidence on a jurisdiction-by-jurisdiction basis. Such judgments require the Company to interpret existing tax law and other published guidance as applied to its circumstances. As part of this assessment, the Company considers both positive and negative evidence about its profitability and tax situation. A valuation allowance is provided if, based on available evidence, it is more likely than not that all or some portion of a deferred tax asset will not be realized. The Company determined that it was more likely than not that it would not realize its deferred tax assets, based on historical levels of income and future forecasts of taxable income, among other items. The Company recorded a valuation allowance of its net deferred tax assets totaling $ 10,988,821 5,580,595 The Company files income tax returns in the U.S. federal and various state jurisdictions. The Company is not subject to U.S. federal and state income tax examinations by tax authorities for years before 2018. The Company follows the provisions of FASB ASC 740, Income Taxes Schedule of Deferred Tax Assets and Liabilities September 30, 2023 December 31, 2022 Deferred income tax assets: Current: Research and development costs $ 723,577 $ 343,087 Other 59,126 59,018 Non-current: Net operating losses 5,862,906 3,381,215 Research and development costs 3,645,038 1,762,716 Research and development tax credit 756,122 - Unvested stock options 405,739 204,380 Patents 99,118 92,417 Right-of-use assets 45,265 63,563 Gross deferred income tax assets 11,596,891 5,906,396 Less: valuation allowance (10,988,821 ) (5,580,595 ) Net deferred income tax asset 608,070 325,801 Deferred income tax liabilities: Current: Accrual to cash - (11,228 ) Non-current Property and equipment (608,070 ) (314,573 ) Gross deferred income tax liabilities (608,070 ) (325,801 ) Net deferred tax asset (liability) $ - $ - | (13) Income Taxes Cingulate Inc. is taxed as a C corporation under the Internal Revenue Code. Cingulate Inc. records deferred income taxes to reflect the impact of temporary differences between the recorded amounts of assets and liabilities for financial reporting purposes and such amounts as measured by tax laws and regulations. CTx is a wholly-owned disregarded entity of Cingulate Inc., and all of the activity for CTx, along with its wholly-owned subsidiary Cingulate Works Inc., is included in the calculation of the current and deferred tax assets and liabilities for Cingulate Inc. No Income tax expense differed from the expected expense computed by applying U.S. Federal income tax rate for the respective years ended as follows: Schedule of Effective Income Tax Rate Reconciliation December 31, 2022 December 31, 2021 Federal income tax benefit at statutory rate $ (3,712,008 ) $ (563,519 ) State income tax benefit (977,496 ) (148,393 ) Permanent differences 11,935 44,804 Change in valuation allowance 4,733,324 713,701 Prior period adjustment to actual Other (55,755 ) (46,593 ) Total income tax expense $ - $ - Evaluating the need for, and amount of, a valuation allowance for deferred tax assets often requires significant judgment and extensive analysis of all available evidence on a jurisdiction-by-jurisdiction basis. Such judgments require the Company to interpret existing tax law and other published guidance as applied to its circumstances. As part of this assessment, the Company considers both positive and negative evidence about its profitability and tax situation. A valuation allowance is provided if, based on available evidence, it is more likely than not that all or some portion of a deferred tax asset will not be realized. The Company determined that it was more likely than not that it would not realize its deferred tax assets, based on historical levels of income and future forecasts of taxable income, among other items. The Company recorded a valuation allowance of its net deferred tax assets totaling $ 5,580,595 and $ 847,269 , respectively, at December 31, 2022 and 2021, which was recorded as a component of income tax expense on the accompanying consolidated statements of operations and other comprehensive loss. The Company files income tax returns in the U.S. federal and various state jurisdictions. The Companies are not subject to U.S. federal and state income tax examinations by tax authorities for years before 2018. The Company follows the provisions of FASB ASC 740, Income Taxes Schedule of Deferred Tax Assets and Liabilities December 31, 2022 December 31, 2021 Deferred income tax assets: Current: Research and development costs $ 343,087 $ - Other 59,018 4,050 Non-current: Net operating losses 3,381,215 1,201,974 Research and development costs 1,762,716 - Research and development tax credit Unvested stock options 204,380 11,835 Patents 92,417 90,480 Right-of-use assets 63,563 49,606 Gross deferred income tax assets 5,906,396 1,357,945 Less: valuation allowance (5,580,595 ) (847,269 ) Net deferred income tax asset 325,801 510,676 Deferred income tax liabilities: Current: Accrual to cash (11,228 ) (105,075 ) Non-current Property and equipment (314,573 ) (405,601 ) Gross deferred income tax liabilities (325,801 ) (510,676 ) Net deferred tax asset (liability) $ - $ - |