Note 7 – Income Taxes 

 

The components of net loss before income taxes are as follows:

 

  

Years Ended

 
  

December 31,

 
  

2025

  

2024

 

U.S.

 $(13,641,497) $(15,490,482)

Foreign

  (74,598)  (95,137)

Total

 $(13,716,095) $(15,585,619)

 

ASC 740, Income Taxes, requires that the tax benefit of net operating losses, temporary differences, and credit carryforwards be recorded as an asset to the extent that management assesses that realization is “more likely than not.” Realization of the future tax benefits is dependent on the Company’s ability to generate sufficient taxable income within the carryforward period. The Company has reviewed the positive and negative evidence related to the realizability of the deferred tax assets and has concluded that the deferred tax assets are not “more likely than not” to be realized. The valuation allowance increased by $4,372,000 and $4,606,000 during the years ended December 31, 2025 and 2024, respectively.

 

The provision for income taxes for December 31, 2025 and 2024, consists of the following:

 

  

Years Ended December 31,

 
  

2025

  

2024

 

Current:

        

Federal

 $  $ 

State

  800   800 

Foreign

      

Total current:

  800   800 

Deferred:

        

Federal

      

State

      

Foreign

      

Total deferred:

      

Total provision*

 $800  $800 

 

*Total provision for income taxes of $800 for each of the years ended  December 31, 2025 and 2024, is recorded in general and administrative expenses on the Company’s consolidated statements of operations and comprehensive loss as it is not considered a material amount. 

 

Pursuant to the disclosure requirements of ASU 2023-09, the differences between the Companys effective income tax rate and the U.S. federal statutory income tax rate for the year ended December 31, 2025, are as follows:

 

  

Year Ended December 31,

 
  

2025

 
      

 

 
         

US federal statutory tax rate

 $(2,880,380)  21.00%

State & local income taxes, net of federal effect(1)

  632   0.00%

Foreign tax effects

  15,666   (0.11)%

Tax credits

  (1,001,283)  7.30%

Changes in valuation allowance

  3,399,495   (24.78)%

Nontaxable or nondeductible items

        

Stock-based compensation

  (698,082)  5.09%

Non-deductible compensation

  962,663   (7.02)%

Other

  1,833   (0.01)%

Changes in unrecognized tax benefits

  200,257   (1.46)%

Effective tax rate

 $800   (0.01)%

 

(1) During the year ended December 31, 2025, Illinois made up the majority (greater than 50 percent) of the tax effect in this category.

 

As previously disclosed for the years ended December 31, 2024 and 2023, prior to the adoption of ASU 2023-09, the effective income tax rate differed from the statutory federal income tax rate as follows:

 

  

Years Ended December 31,

 
  

2024

  

2023

 

Federal income tax

  21.00%  21.00%

State income taxes, less federal benefit

  7.21%  6.03%

Tax credits

  1.96%  3.12%

Permanent differences

  (0.66)%  (2.81)%

Change in valuation allowances

  (29.54)%  (25.33)%

Other

  0.02%  (2.02)%

Effective tax rate expense

  (0.01)%  (0.01)%

 

Deferred tax assets and liabilities consist of the following:

 

  

Years Ended December 31,

 
  

2025

  

2024

 

Deferred tax assets:

        

Net operating loss carryforwards

 $6,467,397  $4,476,675 

Tax credits carryforwards

  2,472,522   1,626,525 

Stock-based compensation

  1,567,813   895,349 

Intangible asset basis differences

  8,771,647   7,402,504 

Accrued liabilities & allowances

  164,126   324,561 

Capitalized research and development

  2,799,979   3,146,021 

Gross deferred tax assets

  22,243,484   17,871,635 

Valuation allowance

  (22,243,484)  (17,871,635)

Net deferred tax assets

 $  $ 

 

Cash paid for income taxes, net of refunds received, by jurisdiction pursuant to the disclosure requirements of ASU 2023-09 for the year ended December 31, 2025 is not material.

 

As of December 31, 2025, the Company had total federal net operating loss carryforwards of approximately $22,575,000, which will begin to expire in 2035. Losses generated after 2017 will be carried forward indefinitely. As of  December 31, 2025, the Company had state net operating loss carryforwards of approximately $22,605,000 which will begin to expire in 2035.

 

As of December 31, 2025, the Company had federal and state tax credits of $2,937,000 and $194,000, respectively. The federal credits begin to expire in 2035 and the state credits begin to expire in 2026.

 

The Tax Reform Act of 1986 limits the use of net operating carryforwards and R&D credits in certain situations where changes occur in the stock ownership of a company. In the event the Company has had a change in ownership, utilization of the carryforwards and R&D credits could be limited. The Company has not performed a net operating loss or R&D credit utilization study to date.

 

The Company accounts for uncertain tax positions in accordance with ASC 740-10,Accounting for Uncertainty in Income Taxes.” ASC 740-10 prescribes a comprehensive model for the recognition, measurement, presentation and disclosure in financial statements of any uncertain tax positions that have been taken or are expected to be taken on a tax return. It is the Company’s policy to include penalties and interest expense related to income taxes as an income tax expense.

 

A reconciliation of the beginning and ending amount of unrecognized tax benefits for the years ended December 31, 2025 and 2024, is as follows:

 

  

2025

  

2024

 

Beginning uncertain tax benefits

 $411,740  $335,822 

Current year - increases

  222,457   65,389 

Prior year - increases (decreases)

  (7,969)  10,529 

Ending uncertain tax benefits

 $626,228  $411,740 

 

Included in the balance of uncertain tax benefits as of  December 31, 2025, are $626,228 of tax benefits that, if recognized, would not impact the effective tax rate as it would be offset by the reversal of related deferred tax assets which are subject to a full valuation allowance. The Company anticipates that no material amounts of unrecognized tax benefits will be settled within 12 months of the reporting date. As of December 31, 2025, the Company had no accrued interest or penalties recorded related to uncertain tax positions.

 

The Company files and/or plans to file U.S. federal, California, Texas, and Illinois state tax returns. The Company is subject to California state minimum franchise taxes. All tax returns will remain open for examination by the federal and state taxing authorities for three and four years, respectively, from the date of utilization of any net operating loss carryforwards or R&D credits. In addition, due to the operations in certain foreign countries, the Company became subject to local tax laws of such countries. Nonetheless, as of December 31, 2025, due to the insignificant expenditures in such countries, there was no material tax effect to the Company’s 2025 consolidated financial statements.

 

On July 4, 2025, the One, Big, Beautiful Bill Act (“OBBBA”) was enacted. OBBBA added Section 174A to the Internal Revenue Code, which generally permits taxpayers to deduct domestic research or experimental expenditures paid or incurred in tax years beginning after December 31, 2024. Foreign research or experimental expenditures continue to be capitalized and amortized over 15 years. Accordingly, for the year ended December 31, 2025, the Company deducted domestic research and experimental expenditures as incurred for tax purposes and continued to capitalize and amortize foreign research and experimental expenditures in accordance with applicable tax law. The Company is also evaluating the election of an available transition method with respect to previously capitalized domestic research or experimental expenditures from prior tax years.

 

Historical Timeline

Fiscal YearFiled
2025Mar 27, 2026Showing above
2024Mar 31, 2025
2023Mar 28, 2024
2022Mar 23, 2023
2021Mar 24, 2022
2020Mar 25, 2021
2019Mar 27, 2020
2018Feb 26, 2019
2017Mar 26, 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.