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Income Taxes
 12 Months Ended
Dec. 31, 2021
Income Taxes  
Income Taxes

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Note 12 – Income Taxes

A reconciliation of the effect of applying the federal statutory rate to the net loss and the effective income tax rate are as follows:

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2021

    

2020

 

Statutory federal income tax rate

 

21.0

%  

21.0

%

State tax, net of federal benefit

 

5.5

%  

6.3

%

Permanent differences

 

(0.6)

%  

(1.5)

%

Federal research and development credits

 

5.6

%  

4.5

%

State research and development credits

 

0.4

%  

0.6

%

Uncertain tax positions

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(0.6)

%  

(1.0)

%

Other differences

 

0.7

%  

(2.6)

%

Change in valuation allowance

 

(31.1)

%  

(27.3)

%

Effective income tax rate

 

0.9

%  

0.0

%

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As of December 31, 2021 and 2020, the components and tax effects of each type of item that gave rise to the net deferred tax assets were as follows:

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2021

    

2020

Deferred tax assets:

 

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Stock-based compensation expense

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$

373,602

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$

73,984

Unrealized losses

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​

12,990

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​

—

R&D credit carryforward

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3,346,097

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1,574,596

NOL carryforward

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14,699,524

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5,525,123

Gross deferred tax assets

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18,432,213

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7,173,703

Valuation allowance

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(17,677,899)

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(7,127,448)

Net deferred tax assets

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754,314

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46,255

Net deferred tax liabilities:

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Prepaid expenses deducted for tax

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(425,755)

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(28,671)

Tax depreciation in excess of book

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(328,559)

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(17,584)

Total deferred tax liabilities

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(754,314)

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(46,255)

Net deferred taxes

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$

—

​

$

—

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Federal net operating losses (“NOL”) generated in tax years ended after December 31, 2017 are limited to 80% of taxable income, only carried forward and carried forward indefinitely under the Internal Revenue Code (“IRC”). The Company recorded a deferred tax liability of $304,485 on the acquisition of BioArkive. It had pre-existing deferred tax assets for which there was a fuill valuation allowance. As a result of the taxable temporary differences recognized in the business combination, the Company released $304,485 of its valuation allowance and recognized the income tax benefit in the income statement at the acquisition date in accordance with ASC 740 There was no income tax expense or benefit in 2020. The Company has provided a valuation allowance for the full amount of the net deferred tax assets as, based on all available evidence, it is considered more likely than not that all the recorded deferred tax assets will not be realized in a future period. At December 31, 2021, the Company has federal and state NOLs of $56,544,731 and $51,310,112,

respectively all generated after the tax year ended December 31, 2017. At December 31, 2021, the Company has federal and state research and development credit carryforwards, $3,034,827 and $394,013, respectively, that start to expire beginning in 2025.

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As the Company has not yet achieved profitable operations, management believes the tax benefits as of December 31, 2021 did not satisfy the realization criteria set forth in ASC Topic 740, Income Taxes and, therefore, has recorded a full valuation allowance for the entire deferred tax asset. The valuation allowance increased in 2021 by $10,550,451 due to the increase in the deferred tax assets by the same amount, primarily due to NOL and research and development credit carryforwards.

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Utilization of the U.S. net operating loss carryforwards and research and development tax credit carryforwards may be subject to a substantial annual limitation under Section 382 of the Internal Revenue Code of 1986, and corresponding provisions of state law, due to ownership changes that have occurred previously or that could occur in the future. These ownership changes may limit the amount of carryforwards that can be utilized annually to offset future taxable income. In general, an ownership change, as defined by Section 382, results from transactions increasing the ownership of certain stockholders or public groups in the stock of a corporation by more than 50% over a three-year period. The Company has not conducted a study to assess whether a change of control has occurred or whether there have been multiple changes of control since inception due to the significant complexity and cost associated with such a study. If the Company has experienced a change of control, as defined by Section 382, at any time since inception, utilization of the net operating loss carryforwards or research and development tax credit carryforwards would be subject to an annual limitation under Section 382, which is determined by first multiplying the value of the Company’s stock at the time of the ownership change by the applicable long-term tax-exempt rate, and then could be subject to additional adjustments, as required. Any limitation may result in expiration of a portion of the net operating loss carryforwards or research and development tax credit carryforwards before utilization. Further, until a study is completed by the Company and any limitation is known, some amounts are being presented as an uncertain tax position.

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As of December 31, 2021 and 2020, the Company had uncertain tax positions of $380,902 and $174,950 which have been classified as reductions of its tax carrforwards. The Company has elected to recognize interest and penalties related to income tax matters as a component of income tax expense, of which no interest or penalties were recorded for the years ended December 31, 2021 and 2020.

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As of December 31, 2021 and 2020, unrecognized tax benefits were as follows:

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2021

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2020

Beginning balance

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$

174,950

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$

96,952

Increase due to current year tax position

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205,952

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77,998

Ending balance

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$

380,902

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$

174,950

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The Company files tax returns in the United States including California, New York, Pennsylvania, Massachusetts and

Texas. All tax years from 2017 to 2021 remain open to examination by the major taxing jurisdictions to which the Company is subject, as carryforward attributes generated in years past may still be adjusted upon examination by the Internal Revenue Service (“IRS”) or other authorities if they have or will be used in a future period. The Company is not currently under examination by the IRS or any other jurisdictions for any tax years.

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On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was enacted in response to the COVID-19 pandemic. The CARES Act, among other things, permits NOL carryovers and carrybacks to offset 100% of taxable income for taxable years beginning before 2021. In addition, the CARES Act allows NOLs incurred in 2019, 2020, and 2021 to be carried back to each of the five preceding taxable years to generate a refund of previously paid income taxes. The enactment of the CARES Act resulted in increased federal and state research and development carryforwards from 2013 through 2018 of $93,437 and decreased federal NOL of $759,794 from 2018.