Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.24.1
Income Taxes
12 Months Ended
Dec. 31, 2023
Income Taxes  
Income Taxes

7.

Income Taxes

The domestic and foreign components of loss before provision for income taxes for the years ended December 31, 2023 and 2022 were as follows:

(in thousands)

    

2023

    

2022

Domestic

$

(18,562)

$

(16,149)

Foreign

 

(155)

 

Total

$

(18,717)

$

(16,149)

The following represent components of the income tax expense for the years ended December 31, 2023 and 2022:

Year Ended

Year Ended

December 31, 

December 31, 

(in thousands)

    

2023

    

2022

Current:

 

  

 

  

Federal

$

$

State

 

4

 

2

Foreign

 

 

Total current provision for income taxes

$

4

$

2

Deferred:

 

 

Federal

 

 

State

 

 

Foreign

 

 

Total deferred provision for income taxes

 

 

Total

$

4

$

2

Tax effects of temporary differences that give rise to significant portions of the Company’s deferred tax assets at December 31, 2023 and 2022 are presented below:

    

Year Ended

    

Year Ended

December 31, 

December 31, 

2023

2022

Deferred tax assets:

Net operating loss

$

20,268

$

17,664

Accruals and reserves

 

840

 

201

Amortization of intangible assets

 

3,457

 

2,196

Stock based compensation

821

758

Lease liability

167

53

Other

 

3

 

Gross deferred tax assets

 

25,556

 

20,872

Valuation allowance

 

(25,335)

 

(20,762)

Total deferred tax assets

 

221

 

110

Deferred tax liabilities:

 

 

Prepaid expenses

 

(59)

 

(62)

Right-of-use assets

(162)

(33)

Other

(15)

Total deferred tax liabilities

 

(221)

 

(110)

Net deferred tax assets

$

$

7.

Income Taxes, continued

The Company’s accounting for deferred taxes involves the evaluation of a number of factors concerning the realizability of the Company’s net deferred tax assets. The Company primarily considered such factors as the Company’s history of operating losses; the nature of the Company’s deferred tax assets and the timing, likelihood and amount, if any, of future taxable income during the periods in which those temporary differences and carryforwards become deductible. At present, the Company does not believe that it is “more-likely-than-not” that the deferred tax assets will be realized; accordingly, a full valuation allowance was maintained, and no deferred tax assets were shown in the accompanying consolidated balance sheets. The valuation allowance increased by $4,573,000 and $5,198,000 during the years ended December 31, 2023 and 2022, respectively.

As of December 31, 2023, the Company had federal net operating loss carryforwards of $74,026,000. The federal net operating loss carryforwards will carryforward indefinitely but is subject to the 80% taxable income limitation.

As of December 31, 2023, the Company had state net operating loss carryforwards of $72,951,000 which will begin to expire in 2038.

As of December 31, 2023, the Company had foreign net operating loss carryforwards of $155,000. The foreign net operating loss carryforwards will begin to expire in 2038.

Utilization of the Company’s net operating losses and credit carryforwards may be subject to annual limitations in the event of a Section 382 ownership change. Such future limitations could result in the expiration of net operating losses and credit carryforwards before utilization as a result of such an ownership change.

Provision for income taxes for the years ended December 31, 2023 and 2022 differed from the amounts computed by applying the statutory federal income tax rate of 21% to the loss before provision for income taxes as a result of the following:

Year Ended December 31, 

 

    

2023

    

2022

 

Effective tax rate reconciliation:

 

  

 

  

Income tax provision at statutory rate

 

21.0

%  

21.0

%

State taxes, net of federal benefit

 

 

Other permanent differences

 

1.3

 

3.5

Change in valuation allowance

 

(22.3)

 

(24.5)

Provision for income taxes

 

%  

%

Tax positions are evaluated in a two-step process. The Company first determines whether it is “more-likely-than-not” that a tax position will be sustained upon examination. If a tax position meets the “more-likely-than-not” recognition threshold it is then measured to determine the amount of benefit to recognize in the consolidated financial statements. The tax position is measured as the largest amount of benefit that is greater than 50% likely of being realized upon ultimate settlement. The aggregate changes in the balance of gross unrecognized tax benefits, which excludes interest and penalties, for the years ended December 31, 2023 and 2022 are zero.

The Company has not incurred any material tax interest or penalties as of December 31, 2023. The Company does not anticipate any significant change within 12 months of this reporting date of its uncertain tax positions. The Company is subject to taxation in the United States and various state jurisdictions. There are no ongoing examinations by taxing authorities at this time. The Company’s various tax years 2018 through 2023 remain open for examination by the federal and state authorities for three and four years, respectively, from the date of utilization of any net operating loss carryforwards.

The Company recognizes interest and penalties related to uncertain tax positions in the provision for income taxes. As of December 31, 2023 and 2022, the Company has not accrued any penalties or interest related to uncertain tax positions.