Income Taxes | 10. Income Taxes The domestic and foreign components of loss before income taxes from operations for the years ended December 31, 2020 and 2019 are as follows: Year ended December 31 2020 2019 Domestic $ (6,632,593 ) $ (6,975,747 ) Foreign (44,994 ) 53,210 Net Pre-Tax Loss $ (6,677,587 ) $ (6,922,537 ) The income tax provision (benefit) consists of the following: Year ended December 31 2020 2019 Federal: Current $ - $ - Deferred 21.00 % 221,598 (1,361,582 ) State and local: Current - - Deferred 5.14 % 54,186 (332,939 ) 26.14 % 275,784 (1,694,521 ) Change in valuation allowance (275,784 ) 1,694,521 Income tax provision (benefit) $ - $ - The reconciliations between the statutory federal income tax rate and the Company’s effective tax rate are as follows: Year Ended December 31 2020 2019 Tax benefit at federal statutory rate (21.0 )% (21.0 )% State income taxes, net of federal benefit (5.1 )% (5.1 )% Permanent differences (0.7 )% (1.3 )% Change in valuation allowance (4.1 )% 24.5 % Prior year true-up 23.1 % (0.1 )% Expiration of state net operating loss carryforwards 4.5 % 3.1 % Expiration of warrants and options 3.5 % 0.0 % Miscellaneous 0.0 % 0.0 % Effective income tax rate 0.0 % 0.1 % The components of the Company’s deferred income taxes are summarized below: December 31 2020 2019 Deferred Tax Assets: Net operating loss carryforwards $ 42,779,580 $ 41,959,558 Stock-based compensation 428,726 2,215,928 Research and development credit carryovers 2,985,215 2,917,857 Contribution carryovers 10,062 10,062 Intangible assets 94,295 - Accrued liabilities 1,503,190 1,041,286 Gross deferred tax assets 47,801,068 48,144,691 Deferred Tax Liabilities: Intangible assets - (59,616 ) Prepaid expenses (82,839 ) (91,084 ) Other (40,603 ) (40,581 ) Gross deferred tax liabilities (123,442 ) (191,281 ) Valuation allowance (47,677,626 ) (47,953,410 ) Deferred tax asset, net of valuation allowance $ - $ - Change in valuation allowance $ 275,784 $ (1,694,521 ) A valuation allowance against deferred tax assets is required if, based on the weight of available evidence, it is more likely than not that some or all of the deferred tax assets may not be realized. The Company is in the early stages of development and realization of the deferred tax assets is not considered more likely than not. As a result, the Company has recorded a full valuation allowance for the net deferred tax asset. Since inception of the Company on January 17, 2002, the Company has generated federal, state and Australian tax net operating losses of approximately $166 million, $153 million, and $326 thousand. Under the Tax Cuts and Jobs Act, net operating loss incurred after December 31, 2017 may be carried forward indefinitely. The tax loss carry-forwards of the Company may be subject to limitation by Section 382 of the Internal Revenue Code with respect to the amount utilizable each year. This limitation reduces the Company’s ability to utilize net operating loss carry-forwards. Federal net operating losses (“NOL”) totaling $151.4 million expire in various amounts between 2022 and 2037. Federal NOL totaling $14.5 million do not expire. Year Generated Year Expired Amount 2002 2022 $ 5,794,541 2003 2023 1,520,649 2004 2024 3,571,227 2005 2025 5,530,815 2006 2026 7,192,407 2007 2027 10,218,952 2008 2028 7,017,372 2009 2029 9,573,948 2010 2030 10,344,298 2011 2031 11,225,047 2012 2032 11,193,882 2013 2033 10,273,181 2014 2034 9,075,738 2015 2035 17,455,417 2016 2036 19,710,699 2017 2037 11,703,175 2018 N/A 6,255,067 2019 N/A 4,085,063 2020 N/A 4,185,506 Total NOL $ 165,926,984 State NOL totaling $153 million expire in various years between 2021 and 2035. Year Generated Year Expired Amount 2006 2021 $ 7,358,979 2007 2022 10,318,963 2008 2023 7,106,425 2009 2024 9,680,770 2010 2025 10,440,651 2011 2026 11,362,120 2012 2027 11,311,394 2013 2028 10,381,763 2014 2029 9,278,510 2015 2030 18,547,287 2016 2031 20,166,661 2017 2032 12,131,850 2018 2033 6,455,113 2019 2034 4,211,210 2020 2035 4,185,506 Total NOL $ 152,937,202 Australia NOL totaling $326,000 do not expire. Year Generated Year Expired Amount 2017 N/A $ - 2018 N/A 290,490 2019 N/A 35,861 Total NOL $ 326,351 The Company has determined that there are no uncertain tax positions as of December 31, 2020 or 2019. The Company files income tax returns in the U.S. federal jurisdiction and the state of Tennessee. The Company intends to permanently reinvest earnings in its foreign subsidiary. To date, the Company’s operations conducted by its Australian subsidiary consist primarily of research and development activities. As of December 31, 2020, there were no accumulated earnings and profits in the Company’s foreign subsidiary. At current tax rates, no additional Federal income taxes (net of available tax credits) would be payable if such earnings were to be repatriated. |