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Income Taxes
12 Months Ended
Dec. 31, 2022
Income Taxes [Abstract]  
Income taxes

8.

Income taxes

As of December 31, 2022 and 2021, a valuation allowance was recorded against all deferred tax assets due to the Company’s cumulative net loss position.

The components of our provision for income taxes are as follows for the periods indicated:

    

Year Ended December 31, 

(in thousands)

2022

    

2021

Current

Federal and state

$

$

Foreign

 

109

 

91

Total provision for income taxes

$

109

$

91

The reconciliation of taxes at the federal statutory rate to our provision for income taxes are as follows for the periods indicated:

    

Year Ended December 31, 

2022

    

2021

 

Tax at federal statutory rate

21.0

%

21.0

%

Permanent differences

(2.1)

(9.0)

Research and development ("R&D") tax credit

0.8

0.9

Uncertain tax position

(0.3)

(0.2)

State, net of federal benefit

(0.5)

(0.7)

Deferred rate change

0.3

2.5

Change in valuation allowance

 

(19.5)

 

(14.7)

Total

(0.3)

%

(0.2)

%

Significant components of net deferred tax assets were as follows for the periods indicated:

    

Year Ended December 31, 

(in thousands)

2022

    

2021

Deferred tax assets

Net operating loss carryforwards

$

82,050

$

74,716

R&D tax credits

9,072

8,711

Capitalized R&D expenses

8,412

8,577

Start-up costs

894

1,104

Non-qualified stock options

752

350

Property and equipment

144

91

Accrued vacation

212

151

Other

300

59

Total deferred tax assets

101,836

93,759

Valuation allowance

(101,836)

(93,759)

Net deferred tax assets

$

$

As of December 31, 2022, the Company had federal and state net operating loss carryforwards (“NOLs”) of approximately $361.0 million and $6.2 million, respectively. The federal NOLs began expiring in 2021 and the state NOLs began expiring in 2020. As of December 31, 2022, the Company had federal and state tax credit carryforwards of approximately $9.3 million and $1.8 million, respectively. The federal tax credit carryforwards began expiring in 2021 and the state tax credits will begin expiring in 2028.

Utilization of NOLs may be subject to an annual limitation due to the ownership change limitations provided by Section 382 of the Internal Revenue Code of 1986, as amended, and similar state provisions. The Company has not performed a detailed analysis to determine whether an ownership change has occurred. Such a change of ownership would limit the Company’s utilization of the NOLs and could be triggered by subsequent sales of securities by the Company or its stockholders.

The changes to our gross unrecognized tax benefits were as follows of the periods indicated:

    

Year Ended December 31, 

(in thousands)

2022

    

2021

Gross unrecognized tax benefits at beginning of year

$

1,939

$

1,840

Gross increases:

Prior year tax positions

4

10

Current year tax positions

113

91

Gross decreases:

Prior year tax positions

(10)

(2)

Gross unrecognized tax benefits at end of year

$

2,046

$

1,939

All of these unrecognized tax benefits, if recognized, would impact the effective tax rate before taking consideration of the valuation allowance. The amount of unrecognized tax benefits subjected to the valuation allowance was $1.6 million and $1.5 million for the years ended December 31, 2022 and 2021, respectively. The Company recognized approximately $66,000 and $61,000 of interest or penalties for the years ended December 31, 2022 and 2021, respectively. As of December 31, 2022 and 2021, total accrued interest and penalties were $0.4 million and $0.3 million, respectively. The Company recognizes accrued interest and penalties related to unrecognized tax positions as a component of income tax expense. The Company does not expect a significant change in the amount of unrecognized tax benefits in the next year.

The Company is subject to U.S. federal income tax as well as income tax of multiple state and foreign jurisdictions. Tax years from 2001 through present remain open for audit under the applicable statute of limitations due to the carryover of the unused NOLs and tax credit carryforwards. The Company does not have any tax audits or other proceedings pending.