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Income Taxes
 12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
Net loss before income tax was subject to tax in the following jurisdictions for the following periods (in thousands):
 Years Ended December 31,
 20222021
United States$(47,049)$(11,222)
Germany(67,448)(78,869)
Foreign(5,911)(2,854)
$(120,408)$(92,945)
The rate reconciliation consists of the following:
 Years Ended December 31,
 20222021
Federal statutory rate21.0 %21.0 %
Foreign rate differential2.2 %3.2 %
Stock options(1.1)%(0.9)%
Tax effect of rate change0.0 %0.0 %
Goodwill impairment(5.7)%0.0 %
Other(0.7)%(0.4)%
Change in valuation allowance(15.7)%(22.9)%
Effective tax rate0.0 %0.0 %

Deferred income taxes result from temporary differences between the tax basis of assets and liabilities and their reported amounts in the financial statements that will result in taxable or deductible amounts in future years. Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in years in which those temporary differences are expected to be recovered or settled. As tax laws and rates change, deferred tax assets and liabilities are adjusted through income tax expense. There is no current or deferred income tax expense in the years ended December 31, 2022 and 2021, respectively.

Significant components of the Company's net deferred tax assets are shown below. A valuation allowance has been established as realization of such net deferred tax assets has not met the more likely-than-not threshold requirement. If the Company's judgment changes and it is determined that the Company will be able to realize these net deferred tax assets, the tax benefits relating to any reversal of the valuation allowance on the net deferred tax assets will be accounted for as a reduction to income tax expense.
 December 31,
 20222021
 (in thousands)
Deferred tax assets:
Net operating loss carryforwards$19,830 $18,437 
Stock-based compensation742 576 
Intangible Assets2,923 3,848 
Foreign net operating loss carryforwards47,179 34,819 
Unrealized gain or loss1,686 1,130 
Other, net693 9 
     Total deferred tax assets73,053 58,819 
Deferred tax liabilities:
Property, plant and equipment— (2)
     Total deferred tax liability — (2)
Net deferred tax assets73,053 58,817 
Less valuation allowance(73,053)(58,817)
$— $— 

The Company has incurred net operating losses each year since inception due to its history as a development stage company with no realized revenues from its planned principal operations. These cumulative operating losses provide significant negative evidence in the determination of whether or not the Company will be able to realize deferred tax assets such as net operating losses and other favorable temporary differences. There can be no assurance that it will ever generate taxable income. As a result, the Company has maintained a full valuation allowance against the entire balance of its net deferred tax assets since the date of inception. The valuation allowance has increased by $14.2 million and $22.3 million and for the years ended December 31, 2021 and 20, respectively.

As of December 31, 2022, Immunic had available NOLs of approximately $190.2 million in Germany and Australia. These NOLs do not expire.

The U.S. federal NOL carryforwards of $15.6 million were generated prior to 2018 and expire over 20 years beginning in 2023. The $78.9 million of post 2017 federal NOL carryforwards do not expire. Sections 382 of the Internal Revenue Code of 1986 subject the future utilization of net operating losses, to an annual limitation in the event of certain ownership changes, as defined. The Company may have undergone ownership changes and therefore may be limited in the amount of net operating losses available for utilization in the future.

The Company did not have any uncertain tax positions for the years ended December 31, 2022 and 2021, respectively.

Due to the full valuation allowance that the Company has on its net deferred tax asset balance, there are no uncertain tax positions that would impact the effective tax rate if recognized.

The Company is subject to U.S. federal, New York, California, Texas, German and Australian income taxes. The Company is subject to U.S. federal or state income tax examination by tax authorities for tax returns filed for the years 2003 and forward due to the carryforward of NOLs. Tax years 2018 through 2021 are subject to audit by German and Australian tax authorities. The Company is not currently under examination by any tax jurisdictions.
Immunic, Inc. recognizes interest and penalties related to unrecognized tax benefits on the income tax expense line in the accompanying consolidated statement of operations. Accrued interest and penalties are included on the related tax liability line in the consolidated balance sheet. There were no such interest or penalties for any of the years presented.