There is no income tax provision for the years ended December 31, 2021 and 2020, respectively.

Loss before income taxes consists of:


	For the Years Ended December 31,
	2021			2020
Domestic	$	(25,881	)	$	(23,643	)
Foreign		232			(513	)

Loss before taxes	$	(25,649	)	$	(24,156	)

The provision for income taxes differs from the amount computed by applying the statutory rate as follows:


	For the Years Ended December 31,
	2021			2020
Income taxes using U.S federal statutory rate	$	(5,386	)	$	(5,073	)
Nondeductible interest		39			315
Loss of tax benefit of state net operating loss carryforwards		2,799			(11	)
Branch income		229			(238	)
State income taxes, net of federal benefit		311			(1,788	)
Foreign rate differential		27			(238	)
Valuation allowance		2,114			6,281
Derivative charge		—			595
Stock option expense, exercises and cancellations		446			308
Research and development costs		(375	)		(166	)
Other		(204	)		15

	$	—		$	—

Significant components of the Company’s deferred tax assets are as follows:


	For the Years Ended December 31,
	2021		2020
Deferred tax assets:
Employee compensation accruals	$	1,777	$	796
Accrued liabilities		29		361
Research tax credits		721		346
Lease obligation		107		265
Other		89		87
Net operating losses		20,520		19,742

Total deferred tax assets		23,243		21,597

Deferred tax liabilities:
Right of use asset		118		265

Total deferred tax liabilities		118		265

Valuation allowance		23,125		21,332

Net deferred tax assets	$	—	$	—

As of December 31, 2021, and 2020, the Company had net operating loss carryforwards for U.S. federal income tax purposes of approximately $277,398 and $260,622, respectively. A significant portion of the federal amount is subject to an annual limitation as low as $28 as a result of changes in the Company’s ownership in May 2003, November 2016, and multiple dates throughout 2017, 2018, 2019 and 2021, as defined by Section 382 of the United States Internal Revenue Code of 1986, as amended (the “IRC”), and

the related income tax regulations. As a result of the limitations caused by the multiple ownership changes, approximately $204,458 of the total net operating loss carryforwards is expected to expire unutilized and will be unavailable to offset future federal taxable income. Approximately $72,940 of net operating loss carryforwards remains available to offset future federal taxable income, of which $1,737 will expire between 2022 and 2037 and $71,203 will have an unlimited carryforward period as a result of the Tax Cuts and Jobs Act.

In addition, the Company’s state net operating losses are also subject to annual limitations that generally follow the IRC Section 382 provisions (with the exception of Connecticut), adjusted for each state’s respective income apportionment percentages. As of December 31, 2021, and 2020, the Company had net operating loss carryforwards for state and city income tax purposes between approximately $24,760 and $193,680 and between approximately $26,414 and $192,466, respectively, which expire through 2041. As a result of the Section 382 limitations, approximately $191,914 and $176,137 of New York State and New York City net operating losses are expected to expire unutilized and will be unavailable to offset future taxable income. Approximately $1,766 and $1,737 of net operating loss carryforwards, respectively, will be available to offset future state and city taxable income. As of December 31, 2021 and 2020 the Company had a net operating loss carryforward for foreign income tax purposes of $27,951 and $30,880, respectively, which have indefinite carryforward periods. As of December 31, 2021 and 2020, the Company had federal research and development tax credit carryforwards of approximately $5,833 and $5,458, respectively, which expire through 2041. As a result of the

ection 382 limitations, all but $721 of the tax credit carryforwards is expected to expire unutilized.

Management has established a 100% valuation allowance against the deferred tax assets as management does not believe it is more likely than not that these assets will be realized. The Company’s valuation allowance increased by approximately $1,793 and $6,540 in 2021 and 2020, respectively. The change in valuation allowance is as follows:


	December 31,
	2021			2020
Beginning balance	$	21,332		$	14,793
Charged to costs and expenses		2,114			6,281
Charged to other comprehensive income		(321	)		258

Ending balance	$	23,125		$	21,332

On March 27, 2020, President Trump signed into law the $2 trillion bipartisan Coronavirus Aid, Relief, and Economic Security (CARES) Act (H.R. 748). The CARES Act includes a variety of economic and tax relief measures intended to stimulate the economy, including loans for small businesses, payroll tax credits/deferrals, and corporate income tax relief. Due the Company’s history of tax loss carryforwards and full valuation allowance, the CARES Act did not have a significant effect to the income tax provision, as the corporate income tax relief was directed towards cash taxpayers.

The Company complies with the provisions of ASC

740-10

in accounting for its uncertain tax positions. ASC

740-10

addresses the determination of whether tax benefits claimed or expected to be claimed on a tax return should be recorded in the financial statements. Under ASC

740-10,

the Company may recognize the tax benefit from an uncertain tax position only if it is more likely than not that the tax position will be sustained on examination by the taxing authorities, based on the technical merits of the position. The Company has determined that the Company has no significant uncertain tax positions requiring recognition under ASC

740-10

and therefore has not included a tabular roll forward of unrecognized tax benefits. As there are no uncertain tax positions recognized, interest and penalties have not been accrued.

The Company is subject to income tax in the U.S., as well as various state and international jurisdictions. The Company has not been audited by any state tax authorities in connection with income taxes. The Company has not been audited by international tax authorities or any states in connection with income taxes. The Company’s New York State tax returns have been subject to annual desk reviews which have resulted in insignificant adjustments to the related franchise tax liabilities and credits. The Company is no longer subject to federal and state examination for tax years ending prior to December 31, 2018; tax years ending December 31, 2018 through December 31, 2021 remain open to examination. The Republic of Ireland is the Company’s only significant foreign jurisdiction. The Company is no longer subject to Ireland tax examination for tax years ending prior to December 31, 2017 (as Ireland has not initiated an audit of 2016 as of December 31, 2021); tax years ending December 31, 2017 through December 31, 2021 remain open to examination. However, the Company’s tax years December 31, 1998 through December 31, 2021 generally remain open to adjustment for all federal, state and foreign tax matters until its net operating loss and tax credit carryforwards are utilized or expire prior to utilization, and the applicable statutes of limitation have expired in the utilization year. The federal and state tax authorities can generally reduce a net operating loss (but not create taxable income) for a period outside the statute of limitations in order to determine the correct amount of net operating loss which may be allowed as a deduction against income for a period within the statute of limitations.

The Company recognizes interest accrued related to unrecognized tax benefits and penalties, if incurred, as a component of income tax expense.