(12) Income Taxes

The federal and state provision (benefit) for income taxes was $0 for the years ended December 31, 2020 and 2019.

A reconciliation of income tax benefit computed at the statutory federal income tax rate to income taxes as reflected in the financial statements for the years ended December 31, 2020 and 2019 is as follows:


	Year Ended
	December 31,
	2020		2019
Federal income tax benefit at statutory rate	21.0	%	21.0	%
State and local tax, net of federal benefit	7.6	%	8.0	%
Permanent differences	(0.8)	%	0.4	%
Research and development credit	1.9	%	—	%
Change in valuation allowance	(29.7)	%	(29.4)	%
Effective income tax rate	0.0	%	0.0	%

Deferred taxes are recognized for temporary differences between the basis of assets and liabilities for financial statement and income tax purposes. The significant components of the Company’s deferred tax assets are comprised of the following:


	As of December 31,
	2020		2019
Net operating loss carryforwards	$	2,460,773	$	1,430,716
Stock compensation		547,628		37,708
Convertible debt		—		24,049
Research and development tax credit carryforwards		241,414		137,826
Total deferred tax assets		3,249,815		1,630,299
Less valuation allowance		(3,249,815)		(1,630,299)
Net deferred taxes	$	—	$	—

As of December 31, 2020, the Company had U.S. federal net operating loss (“NOL”) carryforwards of $7,821,413, which may be available to offset future income tax liabilities. Federal NOL carryforwards generated in 2017 and prior of $2,764,240 will expire beginning in 2032. The remaining federal NOL carryforwards generated in 2018 and later do not expire. As of December 31, 2020, the Company also had U.S. state NOL carryforwards of $10,368,296 which may be available to offset future income tax liabilities and will expire beginning in 2028.

The Company has recorded a full valuation allowance against its net deferred tax assets as of December 31, 2020 and 2019 because the Company has determined that is it more likely than not that these assets will not be fully realized due to historic net operating losses incurred. The Company experienced a net change in valuation allowance of $1,619,516 and $291,575 in the years ended December 31, 2020 and 2019, respectively.

As of December 31, 2020, the Company had federal research and development tax credit carryforwards of $241,414 available to reduce future tax liabilities which expire beginning in 2028.

Under the provisions of the Internal Revenue Code, the NOL and tax credit carryforwards are subject to review and possible adjustment by the Internal Revenue Service and state tax authorities. NOL and tax credit carryforwards may become subject to an annual limitation in the event of certain cumulative changes in the ownership interest of significant stockholders over a three-year period in excess of 50%, as defined under Sections 382 and 383 of the Internal Revenue Code as well as similar state provisions. This could limit the amount of tax attributes that can be utilized annually to offset future taxable income or tax liabilities. The amount of the annual limitation is determined based on the value of the Company immediately prior to the ownership change. Subsequent ownership changes may further affect the limitation in future years. The Company has completed financings since its inception, including its IPO which closed on January 31, 2020, which may have resulted in a change in control as defined by Sections 382 and 383 of the Internal Revenue Code, or could result in a change in control in the future.

The Company files tax returns as prescribed by the tax laws of the jurisdictions in which it operates. In the normal course of business, the Company is subject to examination by federal and state jurisdictions, where applicable. The Company’s tax years from 2017 to the present remain open for review. All open years may be examined to the extent that tax credits or NOL carryforwards are used in future periods. The Company will recognize interest and penalties related to uncertain tax positions in income tax expense. As of December 31, 2020, the Company had no accrued interest or penalties related to uncertain tax positions and no amounts have been recognized in the Company’s statements of operations.

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (“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. Previously, NOLs generated after December 31, 2017 were limited to 80% of taxable income in future years. In addition, the CARES Act allows NOLs incurred in 2018, 2019 and 2020 to be carried back to each of the five preceding taxable years to generate a refund of previously paid income taxes. The NOL carryback provision of the CARES Act had no impact on the Company due to its tax losses generated during all prior years.