Annual report pursuant to Section 13 and 15(d)

Note 9 - Income Taxes

v3.24.1
Note 9 - Income Taxes
 12 Months Ended
Dec. 31, 2023
Notes to Financial Statements  
Income Tax Disclosure [Text Block]

Note 9 — Income Taxes

 

The Company has accumulated net losses since inception and has not recorded an income tax provision or benefit during the years ended December 31, 2023 and 2022.

 

A reconciliation of the statutory U.S. federal rate to the Company’s effective tax rate is as follows:

 

   

For the years ended December 31,

  
   

2023

    

2022

  

Statutory federal income tax rate

     21 %     21 %

State taxes, net of federal tax benefit

     11 %     10 %

State rate change

     1 %     (1 )%

Stock-based compensation

     0 %     (22 )%

Other

     0 %     3 %

Credits

     1 %     4 %

None-deductible items

     (1 )%     (11 )%

Section 162(m) disallowance

     0 %     (3 )%

Change in fair value of warrant liability

     12 %     48 %

Change in valuation allowance

     (45 )%     (49 )%

Income taxes provision (benefit)

     0 %     0 %

 

The components of the net deferred tax asset as of December 31, 2023 and 2022 are the following (in thousands):

 

   

As of December 31,

  
   

2023

    

2022

  

Deferred tax assets:

                

Net operating loss carryforwards

   $ 27,318     $ 25,660  

Stock compensation and other

     287       42  

In process research and development

     2,884       1,603  

Accruals and reserves

     4       64  

Business interest expense disallowance

     —       122  

Section 174 capitalization

     2,253       622  

Tax credits

     2,926       2,859  

Total deferred tax assets

     35,672       30,972  

Less valuation allowance

     (35,672 )     (30,972 )

Deferred tax assets, net of valuation allowance

   $ —     $ —  

 

The Company has determined, based upon available evidence, that it is more likely than not that the net deferred tax asset will not be realized and, accordingly, has provided a full valuation allowance against it. A valuation allowance of approximately $35.7 million and $31.0 million was recorded as of December 31, 2023 and 2022, respectively.

 

As of December 31, 2023, the Company had federal and state net operating loss carryforwards of approximately $83.9 million and $147.4 million, respectively. Approximately $69.4 million of the federal net operating loss carryforwards and $0.6 million of the state net operating loss carryforwards can be carried forward indefinitely. The remaining $14.5 million of federal and $146.9 million of state net operating loss carryforwards will begin to expire, if not utilized, by 2034 and 2034, respectively. The Company has $2.9 million of research and development credit carryforwards, which will begin to expire, if not utilized, in 2034. Utilization of the net operating loss and credit carryforwards may be subject to an annual limitation due to the ownership change limitations provided by Section 382 of the Internal Revenue Code. The Company has not performed a Section 382 analysis as of December 31, 2023.

 

There are no significant matters determined to be unrecognized tax benefits taken or expected to be taken in a tax return, in accordance with ASC 740, which clarifies the accounting for uncertainty in income taxes recognized in the consolidated financial statements, that have been recorded on the Company’s consolidated financial statements for the periods ended December 31, 2023 and 2022. The Company does not anticipate a material change to unrecognized tax benefits in the next twelve months.

 

Additionally, ASC 740 provides guidance on the recognition of interest and penalties related to income taxes. There were no interest or penalties related to income taxes that have been accrued or recognized as of and for the periods ended December 31, 2023 and 2022.

 

The federal and state tax returns for the years ended December 31, 2020, 2021, and 2022 are currently open for examination under applicable federal and state income tax statues of limitations. The company is not currently under examination.