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INCOME TAXES
 12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
INCOME TAXES

 

  11. INCOME TAXES

 

We account for income taxes in accordance with ASC 740 Income Taxes. ASC 740 is an asset and liability approach that requires the recognition of deferred tax assets and liabilities for the expected tax consequences or events that have been recognized in our consolidated financial statements or tax returns. ASC 740 also clarifies the accounting for uncertainty in income taxes recognized in the consolidated financial statements. The interpretation prescribes a recognition threshold and measurement attribute for the consolidated financial statements recognition and measurement of a tax position taken, or expected to be taken, in a tax return.

 

The Company files income tax returns in the U.S. federal jurisdiction and in various state jurisdictions. The 2014 tax return was under audit by the IRS and the Company has received notification that the returns will be accepted as filed. The Company generally is no longer subject to U.S. or state examinations by tax authorities for taxable years prior to 2018. However, net operating losses utilized from prior years in subsequent years’ tax returns are subject to examination until three years after the filing of subsequent years’ tax returns. The statute of limitations expiration in foreign jurisdictions for corporate tax returns generally ranges between two and five years depending on the jurisdiction.

 

The provision (benefit) for income taxes consists of the following:

 

Year ended December 31,     2022     2021  
Current:                  
Federal     $ —     $ 1,210  
State       21,332       13,399  
Deferred:                  
Federal       (6,428,448)       —  
State       (146,015)       —  
Total     $ (6,553,131)     $ 14,609  

 

The difference between the income tax provision computed at the federal statutory rate and the actual tax provision (benefit) is accounted for as follows:

 

December 31,   2022     2021  
Taxes computed at the federal statutory rate   $ 550,850     $ 1,435,346  
State income tax, net     (98,499 )      10,585  
Research and development tax credit     (190,656 )     (198,507 )
Change in valuation allowance     (6,616,952 )     (247,094 ) 
PPP loan forgiveness     —       (1,006,950 ) 
Other     51,696       (22,879 ) 
Accrued loss reserve adjustment     (253,738 )      —  
Permanent differences     4,168       44,108  
Provision(benefit) for income taxes   $ (6,553,131 )    $ 14,609  

 

The components of deferred income tax assets and liabilities are as follows:

 

Deferred Tax Assets:   2022     2021  
Allowance for doubtful accounts   $ 60,100     $ 45,794  
Capitalized R&D     864,969       —  
Credit carryforwards     2,193,146       2,005,909  
Inventory reserve     1,130,788       1,137,436  
Accrued payroll     267,819       88,118  
Loss contracts reserve     46,205       185,329  
Restricted stock     160,989       191,076  
Other     20,659       20,244  
Acquisition costs     77,762       86,841  
Lease liability     1,469,551       1,751,168  
Accrued legal     159,849       33,438  
Disallowed interest expense     1,268,226       801,385  
Net operating loss carryforward     19,493,530       20,140,818  
Deferred tax assets     27,213,593       26,487,556  
                 
Valuation allowance     (14,916,923 )     (22,235,611 )
                 
Deferred Tax Liabilities:                
Prepaid expenses     207,980       136,381  
Revenue recognition     3,966,404       2,144,797  
Property and equipment     156,794       269,653  
ROU asset     1,391,029       1,701,114  
Deferred tax liabilities   $ 5,722,207     $ 4,251,945  
Net deferred tax assets   $ 6,574,463     $ —  

 

As of December 31, 2022, the Company had approximately $88.3 million of gross net operating loss carryforwards ("NOLs") for federal tax purposes and approximately $25.0 million of post apportionment NOLs for state tax purposes. The Federal NOLs begin to expire in 2034. Losses generated in 2018 and forward of $15.9 million have an indefinite life and can offset up to 80% of taxable income in the future. Federal NOLs generated prior to 2018 can offset 100% of future taxable income. The state NOLs begin to expire in 2034.

 

As a result of the Tax Cuts and Jobs Act of 2017 and the Coronavirus Aid, Relief, and Economic Security Act of 2020, federal NOLs arising before January 1, 2018, and NOLs arising after January 1, 2018, are subject to different rules. Our pre-2018 NOLs totaled approximately $78.9 million; these NOLs will expire in varying amounts from 2034 through 2039, if not utilized, and can offset 100% of future taxable income for regular tax purposes. Our NOLs arising in 2018, 2019 and 2020 can generally be carried back five years, carried forward indefinitely and can offset 100% of taxable income for tax years before January 1, 2021 and up to 80% of taxable income for tax years after December 31, 2020. Any NOLs arising on or after January 1, 2021, cannot be carried back, can generally be carried forward indefinitely and can offset up to 80% of future taxable income. The state NOLs begin to expire in 2034.

 

Our ability to fully recognize the benefits from our NOLs is dependent upon our ability to generate sufficient income prior to their expiration. In addition, our NOL carryforwards may be limited if we experience an ownership change as defined by Section 382 of the Internal Revenue Code (“Section 382”). In general, an ownership change under Section 382 occurs if 5% shareholders increase their collective ownership of the aggregate amount of our outstanding shares by more than 50 percentage points over a relevant lookback period. The Company has completed a Section 382 analysis for the year ended December 31, 2022, and believes that no ownership change occurred during the relevant lookback period that would limit our ability to use our NOLs. The sale of additional equity securities in the future may trigger an ownership change under IRC Section 382, which could significantly limit our ability to utilize our tax benefits. The Company will recognize a tax benefit in the consolidated financial statements for an uncertain tax position only if management’s assessment is that the position is “more likely than not” (i.e., a likelihood greater than 50%) to be allowed by the tax jurisdiction based solely on the technical merits of the position. The term “tax position” refers to a position in a previously filed tax return or a position expected to be taken in a future tax return that is reflected in measuring current or deferred income tax assets and liabilities for financial reporting purposes.

 

Assessing the realizability of deferred tax assets requires the determination of whether it is more likely than not that some portion or all the deferred tax assets will not be realized. In assessing the need for a valuation allowance, the Company considers all available positive and negative evidence, including future reversals of existing taxable temporary differences, projected future taxable income, loss carryback and tax-planning strategies. Generally, more weight is given to objectively verifiable evidence, such as the cumulative loss in recent years, as a significant piece of negative evidence to overcome. As of December 31, 2022, the Company achieved three years of cumulative book income, along with projections of profitability, for which management determined that there is sufficient positive evidence to conclude that it is more likely than not that a portion of the deferred tax assets will be realized. As such, $6.5 million of the valuation allowance has been released as of December 31, 2022, leaving a balance in the valuation allowance of $14.9 million as of December 31, 2022.

 

The income tax (benefit) for the year ended December 31, 2022 was $(6,553,131), an effective tax (benefit) rate of (249.8%). The tax (benefit) was mostly the result of a reduction in the valuation allowance on deferred tax assets recorded by the Company during the fourth quarter of fiscal year 2022 based on management’s estimates of the likelihood and level of the future taxable income of the Company. Management makes these estimates quarterly in order to determine the appropriate level of valuation allowance to include in the Company’s financial statements at the balance sheet date.