NOTE 9 – INCOME TAXES

 

The Company accounts for income taxes under ASC 740 - Income Taxes (“ASC 740”), which provides for an asset and liability approach of accounting for income taxes. Under this approach, deferred tax assets and liabilities are recognized based on anticipated future tax consequences, using currently enacted tax laws, attributed to temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts calculated for income tax purposes.

 

Significant components of the Company’s deferred tax assets as of December 31, 2024 and 2023 are summarized below.

 

   December 31, 2024   December 31, 2023 
Deferred tax assets:        
Amortization  $
-
   $7,000 
Research & development costs   2,917,000    1,977,000 
ROU asset   
-
    1,000 
Warrant liabilities   40,000    19,000 
Stock-based compensation   307,000    430,000 
Net operation loss carryforwards   8,126,000    5,146,000 
Federal R&D tax credit   419,000    59,000 
Total deferred tax asset   11,809,000    7,639,000 
Deferred tax liabilities:          
Amortization   (83,000)   
-
 
Depreciation   (28,000)   (25,000)
Net deferred tax asset   11,698,000    7,614,000 
Valuation allowance   (11,698,000)   (7,614,000)
   $
-
   $
-
 

The Company recognizes deferred tax assets to the extent that it believes that these assets are more likely than not to be realized. In making such a determination, the Company considers all available positive and negative evidence, including future reversals of existing taxable temporary differences, projected future taxable income, tax-planning strategies, and results of recent operations. The Company assessed the need for a valuation allowance against its net deferred tax assets and determined a full valuation allowance is required since the Company has no history of generating taxable income. Our deferred tax asset and valuation allowance increased by $4,084,000 and $3,471,000 for the years ended December 31, 2024 and 2023, respectively.

 

A reconciliation of the federal income tax rate to the Company’s effective tax rate at December 31, 2024 and 2023 is as follows:   

 

   December 31,
2024
   December 31,
2023
 
Statutory federal income tax rate   21.0%   21.0%
State taxes, net of federal tax benefit   (0.1)%   1.7%
Stock-based compensation   (0.6)%   (0.9)%
Return to provision adjustment   (0.2)%   6.6%
Permanent items   
-
%   
-
%
R&D credit generated   1.7%     
Other   -%    (6.0)%
Change in valuation allowance   (22.3)%   (22.4)%
Income tax provision   (0.1)%   %

 

The Company’s ability to utilize net operating loss carryforwards will depend on its ability to generate adequate future taxable income. Future utilization of the net operating loss carry forwards is subject to certain limitations under Section 382 of the Internal Revenue Code. As of December 31, 2024, the Company had federal and state net operating loss carryforwards available to offset future taxable income in the amounts of approximately $34,610,000 and $18,430,000, respectively, which do not expire.

 

The Company has evaluated its income tax positions and has determined that it does not have any uncertain tax positions. The Company will recognize interest and penalties related to any uncertain tax position through its income tax expense.

 

The Company is subject to franchise tax filing requirements in the State of Delaware.

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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.