Income Taxes | Note 13 – Income Taxes The Company accounts for income taxes using the liability method, which requires the recognition of deferred tax assets or liabilities for the tax-effected temporary differences between the financial reporting and tax bases of its assets and liabilities, and for net operating loss (NOL) and tax credit carryforwards. As of September 30, 2022, the Company had U.S. federal and state NOL carryforwards of $ 112.7 million and $ 51.3 million, respectively, for income tax purposes with $ 29.7 million and $ 31.6 million, respectively, expiring in years 2023 to 2042 and $ 82.9 million and $ 19.6 million, respectively, which can be carried forward indefinitely. As of September 30, 2022, the Company also had U.S. federal research and development tax credit carryforwards of $ 5.9 million, expiring in years 2038 to 2042 . The Company’s U.K. subsidiary has U.K. NOL carryforwards of $ 63.1 million as of September 30, 2022, which can be carried forward indefinitely to be used to offset future U.K. taxable income. The Tax Cuts and Jobs Act of 2017, which was signed into U.S. law in December 2017, eliminated the option to immediately deduct research and development expenditures in the year incurred under Section 174 of the Internal Revenue Code (“Section 174”) effective for the Company October 1, 2022. The amended provision under Section 174 requires us to capitalize and amortize these expenditures over five years, for U.S.-based research, and over 15 years, for foreign-based research. As of June 30, 2023, we recorded a decrease to income tax benefit and an increase to deferred tax assets, before applying a valuation allowance, of approximately $ 8.7 million as a result of the amended provision under Section 174. Because the Company has a full valuation allowance recorded against U.S. deferred tax assets, the net impact to income tax benefit and deferred tax assets from the amended provision under Section 174 is zero . A reconciliation of income tax expense (benefit) and the amount computed by applying the U.S. statutory rate of 21 % to loss before income taxes is as follows: Three Months Ended Nine Months Ended June 30, June 30, 2023 2022 2023 2022 Income tax expense (benefit) at U.S. federal statutory rates $ 1,338,068 $ ( 4,632,174 ) $ ( 14,573,616 ) $ ( 8,931,007 ) State income tax expense (benefit), net of federal benefit 103,605 ( 358,662 ) ( 1,128,414 ) ( 691,515 ) Non-deductible expenses ( 262,005 ) ( 355,069 ) 185,564 4,860 Effect of stock options exercised — ( 147,570 ) 63,849 ( 170,920 ) U.S. research and development tax credit 2,835,378 ( 1,283,944 ) 415,378 ( 4,160,374 ) Effect of foreign income tax rates 406,324 366,493 307,188 327,055 Effect of global intangible low taxed income ( 24,691 ) ( 12,989 ) ( 24,691 ) — Change in valuation allowance ( 4,317,909 ) 6,504,878 14,705,293 13,637,539 Other, net ( 21,219 ) 56,640 ( 27,837 ) 209,170 Income tax expense (benefit) $ 57,551 $ 137,603 $ ( 77,286 ) $ 224,808 Significant components of the Company’s deferred tax assets and liabilities are as follows: June 30, September 30, 2023 2022 Deferred tax assets: Federal net operating loss carryforwards $ 26,685,200 $ 23,627,461 State net operating loss carryforwards 3,100,416 2,850,956 Foreign net operating loss carryforwards – U.K. 16,083,790 15,773,497 Foreign capital allowance – U.K. 128,490 128,490 U.S. research and development tax credit carryforwards 8,066,411 8,481,789 U.S. research and development expense 8,722,825 — Accrued compensation 764,724 1,227,290 Share-based compensation 6,926,088 4,325,354 Interest expense 2,520,769 2,206,484 Credit loss provision 885,562 — Change in fair value of derivative liabilities — 220,607 Other, net – U.K. 265,631 265,631 Other, net – Malaysia 4,712 — Other, net – U.S. 81,387 81,507 Gross deferred tax assets 74,236,005 59,189,066 Valuation allowance for deferred tax assets ( 60,077,745 ) ( 45,372,452 ) Net deferred tax assets 14,158,260 13,816,614 Deferred tax liabilities: In-process research and development — ( 882,427 ) Change in fair value of derivative liabilities ( 304,098 ) — Gain on sale of ENTADFI ® assets ( 750,686 ) — Other, net - Malaysia — ( 17,641 ) Other, net – U.S. ( 5,386 ) ( 31,628 ) Net deferred tax liabilities ( 1,060,170 ) ( 931,696 ) Net deferred tax asset $ 13,098,090 $ 12,884,918 The deferred tax amounts have been classified on the accompanying unaudited condensed consolidated balance sheets as follows: June 30, September 30, 2023 2022 Deferred tax asset – U.K. $ 13,093,378 $ 12,965,985 Deferred tax asset – Malaysia 4,712 — Total deferred tax asset $ 13,098,090 $ 12,965,985 Deferred tax liability – U.S. $ — $ ( 63,426 ) Deferred tax liability – Malaysia — ( 17,641 ) Total deferred tax liability $ — $ ( 81,067 ) |