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Income Taxes
 12 Months Ended
Dec. 31, 2023
Income Taxes [Abstract]  
INCOME TAXES

16. INCOME TAXES

 

Our income tax expense aggregated $4,627 and $7,672 (amounting to less than 1% of our loss before income taxes) during the years ended December 31, 2023 and 2022, respectively. As of December 31, 2023, we had federal net operating loss carryforwards of $17,759,519 of which $16,047,612 do not expire and of which $1,711,907 expire in 2034 through 2037 (if not utilized before then) and state net operating loss carryforwards of $4,681,644 that expire in 2037 through 2038 (if not utilized before then). Additionally, we had federal general business tax credit carryforwards of $726,474 that expire in 2027 through 2042 (if not utilized before then) and state tax credit carryforwards of $775,473 that expire in 2024 through 2042 (if not utilized before then).

 

The provision for income taxes is determined using the asset and liability approach of accounting for income taxes. Under this approach, deferred taxes represent the estimated future tax effects of temporary differences between book and tax treatment of assets and liabilities and carryforwards to the extent they are realizable. During the second quarter of 2018, we assessed our historical and near-term future profitability and recorded $563,252 in non-cash income tax expense to create a full valuation allowance against our net deferred tax assets (which consist largely of net operating loss carryforwards and federal and state credits) based on applicable accounting standards and practices. At that time, we had incurred a net loss for six consecutive quarters, had not been profitable on a year-to-date basis since the nine-month period ended September 30, 2017 and projected additional net losses for some period going forward before returning to profitability. Should future profitability be realized at an adequate level, we would be able to release this valuation allowance (resulting in a non-cash income tax benefit) and realize these deferred tax assets before they expire. We will continue to assess the need for the valuation allowance at each quarter and, in the event that actual results differ from these estimates, or we adjust these estimates in future periods, we may need to adjust our valuation allowance. Currently, we adjust the valuation allowance at the end of each quarter to reduce the value of our deferred tax assets to zero.

 

Net operating loss carryforwards, credits, and other tax attributes are subject to review and possible adjustment by the Internal Revenue Service. Section 382 of the Internal Revenue Code contains provisions that could place annual limitations on the future utilization of net operating loss carryforwards and credits in the event of a change in ownership of the Company, as defined.

 

We file income tax returns in the U.S. federal jurisdiction and several state jurisdictions. We currently have no tax examinations in progress. We also have not paid additional taxes, interest or penalties as a result of tax examinations nor do we have any unrecognized tax benefits for any of the periods in the accompanying audited financial statements.

 

The income tax provision consisted of the following:

 

   During the Years Ended
December 31,		 
   2023   2022 
Current        
Federal  $—   $— 
State   4,627    7,672 
Current subtotal   4,627    7,672 
Deferred          
Federal   (1,179,474)   (576,780)
State   (145,802)   (88,533)
Deferred subtotal, gross   (1,325,276)   (665,313)
Valuation allowance   1,325,276    665,313 
Deferred subtotal, net   —    — 
Income tax expense  $4,627   $7,672 

 

The actual income tax expense differs from the expected tax computed by applying the U.S. federal corporate tax rate of 21% to the loss before income taxes during the years ended December 31, 2023 and 2022 respectively, as follows:

 

   During the Years Ended December 31, 
   2023   2022 
   $   %   $   % 
Computed expected income tax expense rate  $(1,211,694)   (21.00)%  $(522,088)   (21.00)%
State income taxes, net of federal expense   (117,149)   (2.03)   (47,643)   (1.92)
Share-based compensation   56,214    0.97    36,652    1.48 
Tax credits   (53,241)   (0.92)   (131,361)   (5.28)
Valuation allowance   1,325,276    0.09    665,313    26.76 
Other   5,221    22.97    6,799    0.27 
Income tax expense/rate  $4,627    0.08%  $7,672    0.31%

 

The significant components of our deferred tax assets, net, consisted of the following:

 

   As of December 31, 
   2023   2022 
Property, plant and equipment  $(2,121,940)  $(2,530,472)
Federal general business tax credits   726,474    673,233 
Federal net operating loss carryforwards   3,729,500    3,258,395 
State tax credits and net operating loss carryforwards   886,428    817,617 
§174 R & D expenditures   592,915    341,683 
Deferred compensation   50,722    23,370 
Prepaid expenses and other   37,124    15,587 
UNICAP   32,607    32,787 
Incentive compensation   100,200    76,554 
Valuation allowance   (4,034,030)   (2,708,754)
Deferred tax assets, net  $—   $—