NOTE 15 – INCOME TAXES

The following table summarizes income before income taxes:

For the Years Ended,

  ​ ​ ​

12/31/2025

  ​ ​ ​

12/31/2024

Domestic

$

(61,899,782)

$

(17,523,629)

Foreign

 

 

Total

$

(61,899,782)

$

(17,523,629)

The Company’s income tax expense (benefit) is as follows:

For the Years Ended,

  ​ ​ ​

12/31/2025

  ​ ​ ​

12/31/2024

U.S. federal

 

$

 

$

State

Foreign

 

 

Current income tax expense (benefit)

U.S. federal

 

(12,746,999)

 

(2,542,839)

State

 

(1,642,546)

 

(200,562)

Foreign

 

 

Deferred income tax expense (benefit)

 

(14,389,545)

 

(2,743,401)

Change in valuation allowance

14,389,545

(2,743,401)

Total income tax expense (benefit)

$

$

The Company’s effective tax rate for the periods ended December 31, 2025 and 2024 were 0.0%. For the period ended December 31, 2025 and December 31, 2024, the primary driver of the variance from the statutory rate was valuation allowance activity.

The following is a reconciliation from the Company’s statuary rate to the effective tax rate reported in the financial statements:

For the Years Ended,

12/31/2025

  ​ ​ ​

12/31/2024

  ​

  ​ ​ ​

Amount

  ​ ​ ​

Percent

Amount

  ​ ​ ​

Percent

Income tax expense (benefit) at federal statutory rate

 

$

(13,041,538)

21.0

%

$

(3,676,946)

 

21.0

%

State and local income taxes, net of federal benefit of state

 

0.0

%

 

0.0

%

Foreign jurisdictions

 

0.0

%

 

0.0

%

Federal law changes

 

0.0

%

 

0.0

%

Tax credits (federal)

 

0.0

%

 

0.0

%

Federal R&D tax credit

0.0

%

0.0

%

Other federal tax credits (Orphan Drug)

 

0.0

%

 

0.0

%

Valuation allowance (federal)

 

12,749,892

(20.5)

%

2,539,107

 

(14.5)

%

Non-deductible or non-taxable items

 

0.0

%

 

0.0

%

Section 162(m) limitation

176,494

(0.3)

%

303,460

(1.7)

%

Share based compensation

157,680

(0.3)

%

782,949

(4.5)

%

Other

(42,529)

0.1

%

51,429

(0.3)

%

Unrecognized tax benefits

0.0

%

0.0

%

Other adjustments

0.0

%

0.0

%

Effective tax rate

$

0.0

%

$

(0.0)

%

For the periods ended December 31, 2025 and 2024, the Company’s state tax expense was $0.00.

The tax effect of temporary differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases that give rise to deferred tax assets and liabilities are as follows:

For the Years Ended,

  ​ ​ ​

12/31/2025

  ​ ​ ​

12/31/2024

Accrued expenses

 

$

43,454

 

$

16,113

Property & equipment

306,052

268,474

Intangible assets

 

110,285

 

42,312

Credit carry-forward

222,645

222,645

Net operating losses carryforward

 

25,955,934

 

15,514,550

Section 174 costs

1,861,126

2,587,355

Stock based compensation

909,402

461,408

Lease liability (ASC 842)

345,299

313,458

Unrealized gains/losses

3,468,214

171,710

Capital loss carryforward

794,275

Gross deferred tax assets

$

34,016,686

$

19,598,025

Valuation allowance

(33,696,912)

(19,307,367)

Net deferred tax assets

319,774

290,658

Deferred tax liabilities

Lease liability (ASC 842)

(319,774)

(290,658)

Total deferred tax liabilities

(319,774)

(290,658)

Total deferred tax assets (liabilities)

$

$

For the period ended December 31, 2025, the Company has federal and state post-apportioned net operating loss carryforwards of $105.3 million and $51.2 million, respectively. Of the federal amount, $3.3 million have a limited carryforward period and will begin to expire in 2033; the remaining $102.0 million will have an indefinite carryforward period. Of the state post-apportioned amount, $40.3 million have a limited carryforward period and will begin to expire in 2033; the remaining $10.9 million will have an indefinite carryforward period.

For the period ended December 31, 2025, the Company has federal and state tax credit carryforwards of $0.1 million and $0.1 million, respectively. The full federal amount of $0.1 million has a limited carryforward period and will begin to expire in 2033. The full state amount of $0.1 million has an indefinite carryforward period.

For the period ended December 31, 2025, the Company has federal capital loss carryforward of $3.3 million that will begin to expire in 2030.

In accordance with Section 382 and Section 383, utilization of the NOL and tax credit carryforwards may subject to limitations based on prior or future ownership changes.

Additionally, after weighing all available and positive and negative evidence for the period ended December 31, 2025, the Company determined a full valuation allowance was necessary, consistent with prior year.

No income tax was paid during the years ended December 31, 2025 and 2024.

Tax Law Change

On July 4, 2025, the President signed into law significant federal tax legislation, H.R.1 (the “Tax Reform Act of 2025”). The legislation includes numerous changes to U.S. corporate income tax law, including but not limited to: permanent 100% bonus depreciation for qualified property, immediate expensing of domestic research and experimental expenditures, modifications to the limitation on business interest expense, increased Section 179 expensing limits, changes to the international tax regime, and expanded limitations on the deductibility of executive compensation under IRC Section 162(m). Most provisions are effective for tax years beginning after December 31, 2024, with certain transition rules and exceptions.

The Company evaluated the impact of the Tax Reform Act of 2025 on its consolidated financial statements and determined the total impact on the tax expense to be immaterial.

Historical Timeline

Fiscal YearFiled
2025Mar 31, 2026Showing above
2024Mar 31, 2025
2023Apr 12, 2024
2022Mar 28, 2023
2021Mar 28, 2022
2020Mar 19, 2021
2019May 14, 2020
2018Mar 29, 2019
2017Apr 17, 2018

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.