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Income Taxes
 12 Months Ended
Dec. 31, 2021
Income Tax Disclosure [Abstract]  
Income Taxes

(12)

Income Taxes

 

During the years ended December 31, 2021 and 2020, the Company recorded no income tax benefits for the net operating losses incurred due to its uncertainty of reclaiming a benefit for those losses.

 

Deferred taxes are recognized for temporary differences between the basis of assets and liabilities for financial statement and income tax purposes. Deferred tax assets consist of the following (in thousands):

 

 

 

December 31,

 

 

 

2021

 

 

2020

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

76,802

 

 

$

61,181

 

Tax credit carryforwards

 

 

7,248

 

 

 

5,748

 

Accrued expenses

 

 

181

 

 

 

126

 

Property and equipment

 

 

591

 

 

 

279

 

Lease liabilities

 

 

5,618

 

 

 

6,230

 

Equity compensation

 

 

2,396

 

 

 

2,200

 

Amortizable intangibles

 

 

1,197

 

 

 

1,195

 

Other

 

 

238

 

 

 

74

 

Gross deferred tax assets

 

 

94,271

 

 

 

77,033

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Right of use assets

 

 

(3,794

)

 

 

(4,242

)

Gross deferred tax liabilities

 

 

(3,794

)

 

 

(4,242

)

Valuation allowance

 

 

(90,477

)

 

 

(72,791

)

Net deferred tax assets

 

$

—

 

 

$

—

 

 

Management of the Company has evaluated the positive and negative evidence bearing upon the realizability of the Company’s deferred tax assets, which are comprised principally of net operating loss carryforwards, and determined that it is more likely than not that the Company will not recognize the benefits of the deferred tax assets. As a result, a full valuation allowance of approximately $90.5 million and $72.8 million was established at December 31, 2021 and 2020, respectively.

A reconciliation of the statutory federal income tax rate to the Company’s effective income tax rate is as follows:

 

 

 

Years ended December 31,

 

 

 

2021

 

 

2020

 

 

 

Tax Rate

 

 

Tax Rate

 

U.S. federal statutory rate

 

 

21

%

 

 

21

%

State income taxes, net of federal benefit

 

 

6

%

 

 

6

%

Other permanent differences

 

 

0

%

 

 

(1

)%

Tax credits

 

 

2

%

 

 

2

%

Other items

 

 

0

%

 

 

4

%

Net change in valuation allowance

 

 

(29

)%

 

 

(32

)%

Effective income tax rate

 

 

—

 

 

 

—

 

 

 

A roll-forward of the valuation allowance for the years ended December 31, 2021 and 2020 is as follows (in thousands):

 

 

 

Years ended December 31,

 

 

 

2021

 

 

2020

 

Balance at beginning of year

 

$

(72,791

)

 

$

(53,834

)

Increase in valuation allowance

 

 

(17,686

)

 

 

(18,957

)

Balance at end of year

 

$

(90,477

)

 

$

(72,791

)

 

As of December 31, 2021 and 2020, the Company had federal net operating loss carryforwards that may be available to reduce future taxable income of $284.3 million and $227.0 million, respectively. Of the $284.3 million of federal net operating loss carryforwards, $79.4 million will expire on various dates from 2034 to 2037. The remaining $204.9 million of federal net operating loss carryforwards do not expire. The Company also had state net operating loss carryforwards that may be available to reduce future taxable income of $270.7 million and $213.6 million, for the periods ended December 31, 2021 and 2020, respectively. The state net operating loss carryforwards begin to expire in 2029. In addition, at December 31, 2021, the Company had federal and state research and development tax credit carryforwards available to reduce future tax liabilities of $4.5 million and $2.9 million, respectively.

Pursuant to Section 382 of the Internal Revenue Code of 1986 (IRC), certain substantial changes in the Company’s ownership may result in a limitation on the amount of net operating loss (NOL) carryforwards and research and development credit (R&D credit) carryforwards that may be used in future years. Utilization of the NOL and R&D credit carryforwards may be subject to a substantial annual limitation under Section 382 of the IRC due to ownership change limitations that have occurred previously or that could occur in the future. These ownership changes may limit the amount of NOL and R&D credit carryforwards that can be utilized annually to offset future taxable income and tax. The Company has not completed a study to assess whether an ownership change has occurred, or whether there have been multiple ownership changes since its formation, due to the significant complexity and related costs associated with such a study. There could be additional ownership changes in the future that may result in additional limitations on the utilization of NOL carryforwards and credits.

The Company is required to determine whether a tax position of the Company is more likely than not to be sustained upon examination, including resolution of any related appeals of litigation processes, based on the technical merits of the position. For tax positions meeting the more likely than not threshold, the tax amount recognized in the financial statements is reduced by the largest benefit that has a greater than fifty percent likelihood of being realized upon the ultimate settlement with the relevant taxing authority. The Company has not recognized any liability for unrecognized tax benefits as of December 31, 2021. The Company’s policy is to record interest and penalties related to unrecognized tax benefits on the income tax expense line in the consolidated statement of operations. There are no interest or penalties accrued at December 31, 2021 and 2020.

The Company files tax returns, on an entity-level basis, 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. There are currently no pending tax examinations. Tax years from 2018 to the present are open to examination under the statute. The Company’s net operating losses and other attributes generated in a closed tax year may still be adjusted to determine the amount of carryforward deduction available in an open year under examination.