Note 12 — Income Taxes

 

Income taxes are disproportionate to income due to net operating loss carryforwards, which are fully reserved. As of December 31, 2025, the Company has federal net operating loss carryforwards of approximately $94 million. The federal net operating loss carryforward for years prior to 2018 expire from 2031 through 2038. Federal net operating loss carryforwards for year 2018 and thereafter do not expire.

 

Pursuant to Internal Revenue Code Sections 382 and 383, use of the Company’s net operating loss and credit carryforwards may be limited if a cumulative change in ownership of more than 50% occurs within any three-year period since the last ownership change. The Company may have had one or more changes in control under these Sections. However, the Company does not anticipate performing a complete analysis of the limitation on the annual use of the net operating loss and tax credit carryforwards until the time that it projects it will be able to utilize these tax attributes.

 

Management has concluded that it is more likely than not that the Company will not have sufficient foreseeable taxable income within the carryforward period as applicable and permitted by current law to allow for the utilization of certain of the deductible amounts generating the deferred tax assets; therefore, a full valuation allowance has been established to reduce the net deferred tax assets to zero at December 31, 2025 and 2024.

 

The following is a summary of the significant components of the Company’s net deferred income tax assets and liabilities as of December 31, 2025 and 2024:

 

   

For the Year Ended December 31,

 
   

2025

   

2024

 

Non-current deferred income tax assets and (liabilities):

               

Net operating loss

  $ 19,761,000     $ 16,049,000  

Research and development credit

    18,000       18,000  

Research and experimental costs

    597,000       2,018,000  
Accrued compensation and other     20,000       8,000  

Depreciation and amortization

    7,000       6,000  

Exercise of options and warrants

    (49,000 )     (49,000 )

Stock based compensation

    1,798,000       1,968,000  

Intangibles and other

    (572,000 )     (561,000 )

Less: valuation allowance

    (21,580,000 )     (19,457,000 )

Net non-current deferred tax assets

  $     $  

 

 

The Company has applied the provisions of FASB ASC 740, Income Tax, which clarifies the accounting for uncertainty in tax positions. FASB ASC 740 requires the recognition of the impact of a tax position in the financial statements if that position is more likely than not of being sustained on a tax return upon examination by the relevant taxing authority, based on the technical merits of the position. At December 31, 2025 and 2024, the Company had no unrecognized tax benefits.

 

The Company recognizes interest and penalties related to income tax matters in interest expense and operating expenses, respectively. As of December 31, 2025 and 2024, the Company has no accrued interest and penalties related to uncertain tax positions.

 

The Company is subject to tax in the United States (“U.S.”) and files tax returns in the U.S. federal and certain state jurisdictions. The details of income taxes paid, net of refunds received, for the year ended December 31, 2025 are as follows:

 

   

2025

 

U.S Federal

  $  

U.S State and Local

       

California

    800  

New Jersey

    500  

Total U.S. income taxes paid

    1,300  

Foreign

       

Foreign income taxes paid

     

Total income taxes paid

  $ 1,300  

 

The Company is generally no longer subject to U.S. federal, state and local income tax examinations by tax authorities for all tax years since inception due to the carryover of unused net operating losses and tax credits. The Company currently is not under examination by any tax authority.

 

The reconciliation between the statutory income tax rate and the effective tax rate is as follows:

 

   

For the Year Ended

 
   

December 31,

 
   

2025

   

2024

 

Statutory federal income tax rate

    (21 )%     (21 )%
State and local income taxes, net of federal income tax effect            
Nontaxable or nondeductible items                
Stock based compensation     1        
Other            
Other adjustments           (2 )

Valuation allowance

    20       23  
      %     %

  

   

For the Year Ended

 
   

December 31,

 
   

2025

   

2024

 

Statutory federal income tax rate

  $ (2,221,468 )   $ (2,187,741 )

State and local income taxes, net of federal income tax effect

    1,300        

Nontaxable or nondeductible items

               

Stock based compensation

    82,023       11,785  

Other

    7,228       1,290  

Other adjustments

    6,798       (172,224 )

Valuation allowance

    2,125,419       2,346,890  
    $ 1,300     $  

 

Historical Timeline

Fiscal YearFiled
2025Mar 27, 2026Showing above
2024Mar 28, 2025
2023Apr 1, 2024
2022Mar 30, 2023
2021Mar 25, 2022
2020Mar 26, 2021
2019Mar 31, 2020
2018Apr 1, 2019
2017Apr 2, 2018
2016Mar 29, 2017
2015Mar 30, 2016

About Income Taxes Disclosures

The income tax disclosure reveals how much a company actually pays in taxes versus what the statutory rate would predict. Analysts focus on the effective tax rate (ETR) reconciliation, which breaks down every item driving the gap between the 21% federal rate and the company's reported ETR — including R&D credits, foreign rate differentials, and state taxes. Deferred tax assets (DTAs) and their valuation allowances signal management's confidence in future profitability: a rising allowance suggests the company doubts it can use accumulated tax benefits. Uncertain tax benefit (UTB) reserves quantify exposure to IRS challenges on aggressive positions.

Key signals to watch: sudden ETR drops without clear operational reasons, large increases in valuation allowances, growing UTB balances, and significant unremitted foreign earnings. Post-TCJA, pay attention to GILTI and BEAT provisions that affect multinational tax structures. Compare the cash taxes paid (from the cash flow statement) against the income tax provision to gauge earnings quality.