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Income Taxes | 12 Months Ended
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Dec. 31, 2020
Income Taxes |
Note 9. Income Taxes | The 2020 and 2019 annual effective tax rate is estimated to be a combined 25% for the combined US federal and state statutory tax rates. The Company reviews tax uncertainties in light of changing facts and circumstances and adjust them accordingly. As of December 31, 2020 and 2019, there were no tax contingencies or unrecognized tax positions recorded. Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities recognized for financial reporting, and the amounts recognized for income tax purposes. The significant components of deferred tax assets (at an approximate 25% effective tax rate) as of December 31, 2020 and 2019, respectively, are as follows. Deferred Tax Assets consisted of the following (rounded in millions):
|  | 2020 |  |  | 2019 |
Capitalized start-up costs |  | $ | 0.1 |  |  | $ | 0.4 |
Stock-based compensation |  |  | 3.3 |  |  |  | 3.0 |
Patent impairment provision |  |  | 0.3 |  |  |  | — |
Accrued legal settlement |  |  | 1.1 |  |  |  | — |
Partnership basis differences |  |  | — |  |  |  | (0.3 | )
Net operating loss carry-forward |  |  | 24.3 |  |  |  | 22.3 |
Research and development tax credits |  |  | 0.3 |  |  |  | 0.3 |
Less: valuation allowance |  |  | (29.4 | ) |  |  | (25.7 | )
Total |  | $ | — |  |  | $ | — |
The Company has a net operating loss carry-forward for federal and state tax purposes of approximately $96.0 million at December 31, 2020, that is potentially available to offset future taxable income. The Tax Cuts and Jobs Act (the “Tax Act”) changes the rules on NOL carryforwards. The 20-year limitation was eliminated for losses incurred after January 1, 2018, giving the taxpayer the ability to carry forward losses indefinitely. However, NOL carry forward arising after January 1, 2018, will now be limited to 80% of taxable income. The $96.0 million available at December 31, 2020 includes $33.7 million of post 2017 NOLs without expiration dates and $62.3 million of pre-2018 NOLs expiring from 2024 to 2037. The NOLs expiring in the next 5 years total approximately $12.0 million. For financial reporting purposes, no deferred tax asset was recognized because as of December 31, 2020 and 2019, management estimates that it is more likely than not that substantially all of the net operating losses will expire unused. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences are deductible. The timing and manner in which the Company can utilize our net operating loss carryforward and future income tax deductions in any year may be limited by provisions of the Internal Revenue Code regarding the change in ownership of corporations. Such limitation may have an impact on the ultimate realization of our carryforwards and future tax deductions. Section 382 of the Internal Revenue Code (“Section 382”) imposes limitations on a corporation’s ability to utilize net operating losses if it experiences an “ownership change.” In general terms, an ownership change may result from transactions increasing the ownership of certain stockholders in the stock of a corporation by more than 50 percentage points over a three-year period. Any unused annual limitation may be carried over to later years, and the amount of the limitation may under certain circumstances be increased by the built-in gains in assets held by us at the time of the change that are recognized in the five-year period after the change. Upon review of the ownership shifts, there has not been an ownership change as defined under Section 382. The reconciliation between income taxes (benefit) at the US and State statutory combined tax rates of approximately 25% and the amount recorded in the accompanying consolidated financial statements is as follows (rounded in millions):
|  | December 31, |  |  | December 31, |
|  | 2020 |  |  | 2019 |
Tax benefit at US federal statutory rates |  | $ | (3.0 | ) |  | $ | (2.2 | )
Tax benefit at state statutory rates |  |  | (0.6 | ) |  |  | (0.1 | )
Tax benefit from federal and state R&D tax credits |  |  | (0.1 | ) |  |  | (0.1 | )
Increase in valuation allowance |  |  | 3.7 |  |  |  | 2.4 |
Total provision for income tax benefit |  | $ | — |  |  | $ | — |

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- Definition The entire disclosure for income taxes. Disclosures may include net deferred tax liability or asset recognized in an enterprise's statement of financial position, net change during the year in the total valuation allowance, approximate tax effect of each type of temporary difference and carryforward that gives rise to a significant portion of deferred tax liabilities and deferred tax assets, utilization of a tax carryback, and tax uncertainties information. + References Reference 1: http://fasb.org/us-gaap/role/ref/legacyRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -URI http://asc.fasb.org/topic&trid=2144680 + Details
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