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Income Taxes
 12 Months Ended
Dec. 31, 2022
Income Taxes  
Income Taxes

14. Income Taxes

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

​

​

​

​

​

​

​

​

​

December 31, 

 

​

    

2022

    

2021

​

Expected income tax benefit at the federal statutory rate

 

21.0

%  

21.0

%

State taxes, net of federal benefit

 

6.5

 

6.5

​

Research and development credit, net

 

3.4

 

3.2

​

Non-deductible items

 

(1.7)

 

(1.8)

​

Prior year provision to return adjustments

 

(0.1)

 

(0.4)

​

Change in valuation allowance

 

(29.1)

 

(28.5)

​

Total

 

—

%  

—

%

​

Deferred income taxes reflect the net effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes.

The principal components of the Company’s deferred tax assets consisted of the following as of December 31, 2021 and 2020:

​

​

​

​

​

​

​

​

​

​

December 31, 

(in thousands)

    

 

2022

    

 

2021

Deferred tax assets:

​

 

  

​

 

  

Federal and state net operating loss carryforwards

 

$

49,789

 

$

44,451

Research and development tax credits

​

​

11,395

​

​

8,862

Capitalized R&D Costs

​

​

12,424

​

​

—

Operating lease liabilities

​

​

1,960

​

​

—

Share-based compensation

​

​

4,389

​

​

3,184

Accruals and other

​

​

1,305

​

​

1,291

Gross deferred tax assets

​

​

81,262

​

​

57,788

Less: valuation allowance

​

​

(79,724)

​

​

(57,705)

Total deferred tax assets

 

$

1,538

 

$

83

Deferred tax liabilities:

​

​

​

​

​

​

Depreciation and amortization

 

$

—

 

$

(83)

Operating lease assets

​

​

(1,538)

​

​

—

Gross deferred tax liabilities

 

$

(1,538)

 

$

(83)

Net deferred tax assets

 

$

—

 

$

—

​

Based on the Company’s history of losses, the Company recorded a full valuation allowance against its deferred tax assets as of December 31, 2022. The Company increased its valuation allowance by approximately $21.9 million for the year ended December 31, 2022. The Company intends to maintain a valuation allowance until sufficient positive evidence exists to support a reversal of the allowance.

As of December 31, 2022, the Company had federal and state net operating loss carryforwards of $180.2 million and $183.1 million, respectively, some of which begin to expire in the year ending December 31, 2036. Approximately $157.5 million of the federal net operating loss carryforwards do not expire. The Company had federal and state research and development tax credit carryforwards of approximately $11.3 million and $0.1 million, respectively, as of December 31, 2022. The federal credits begin to expire in the year ending December 31, 2036, and the state credits begin to expire in the year ending December 31, 2024.

Under the provisions of Sections 382 and 383 of the Internal Revenue Code (the “IRC”), certain substantial changes in the Company’s ownership may have limited, or may limit in the future, the amount of net operating loss and credit carryforwards that can be used to reduce future income taxes if there has been a significant change in ownership of the Company, as defined by the IRC. Future owner or equity shifts could result in limitations on net operating loss and credit carryforwards.

The Company files income tax returns in the U.S. federal jurisdiction as well as in Maryland. The tax years 2019 to 2021 remain open to examination by the major jurisdictions in which the Company is subject to tax. Fiscal years outside the normal statute of limitation remain open to audit by tax authorities due to tax attributes generated in those early years, which have been carried forward and may be audited in subsequent years when utilized.

The Company evaluates tax positions for recognition using a more-likely-than-not recognition threshold, and those tax positions eligible for recognition are measured as the largest amount of tax benefit that is greater than 50% likely of being realized upon the effective settlement with a taxing authority that has full knowledge of all relevant information. As of December 31, 2022, the Company had no unrecognized income tax benefits that would affect the Company’s effective tax rate if recognized.

The Coronavirus Aid, Relief, and Economic Security Act, or “CARES Act”, and the Consolidated Appropriations Act, 2021, or “Stimulus Bill”, signed into law on March 27, 2020 and December 27, 2020, respectively, have resulted in significant changes to the U.S. federal corporate tax law. Several states have also enacted tax legislation changes. We have considered the applicable tax law changes and determined there was no significant impact to the tax provision of the Company.