NOTE 9 — INCOME TAXES

The provision for federal, foreign and state income taxes for the years ended December 31, 2025 and 2024 are as follows:

 

 

Year Ended December 31,

 

 

 

2025

 

 

2024

 

Current income tax provision (benefit)

 

 

 

 

 

 

Federal

 

$

 

 

$

 

Foreign

 

 

 

 

 

 

State

 

 

 

 

 

 

Deferred income tax provision (benefit)

 

 

 

 

 

 

Federal

 

 

 

 

 

 

Foreign

 

 

 

 

 

 

State

 

 

 

 

 

 

Total income tax provision (benefit)

 

$

 

 

$

 

 

Net deferred tax assets (liabilities) as of December 31, 2025 and 2024 consist of the following:

 

 

Year Ended December 31,

 

 

 

2025

 

 

2024

 

Deferred tax assets:

 

 

 

 

 

 

Net operating loss carryforwards

 

$

51,552,252

 

 

$

42,922,972

 

Research and development tax credits

 

 

145,115

 

 

 

145,115

 

Capitalized research and development costs

 

 

20,650,502

 

 

 

25,269,520

 

Stock-based compensation

 

 

8,969,653

 

 

 

8,860,595

 

Deferred start-up and license costs

 

 

1,916,533

 

 

 

2,464,112

 

Sale of royalties

 

 

16,392,000

 

 

 

16,392,000

 

Depreciation

 

 

916

 

 

 

39

 

Other

 

 

43,712

 

 

 

 

Total deferred tax assets

 

 

99,670,683

 

 

 

96,054,353

 

Deferred tax asset valuation allowance

 

 

(99,670,683

)

 

 

(96,054,353

)

Net deferred tax assets

 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

 

Depreciation

 

 

 

 

 

 

Total deferred tax liabilities

 

 

 

 

 

 

Total

 

$

 

 

$

 

A reconciliation between the Company’s effective tax rate and the federal statutory rate for the year ended December 31, 2025 is as follows:

 

 

Year Ended December 31, 2025

 

 

 

Amount

 

 

Percent

 

U.S. federal statutory tax rate

 

$

(61,618,867

)

 

 

21.00

%

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

 

 

 

 

 

0.00

%

Foreign tax effects

 

 

 

 

 

0.00

%

Other

 

 

 

 

 

0.00

%

Effect of changes in tax law or rates enacted in the current period

 

 

 

 

 

0.00

%

Effect of cross-border tax laws

 

 

 

 

 

0.00

%

Tax credits

 

 

 

 

 

0.00

%

Changes in valuation allowance

 

 

2,734,909

 

 

 

(0.93

%)

Nontaxable or nondeductible items

 

 

 

 

 

 

Warrants

 

 

58,634,473

 

 

 

(19.98

%)

Other

 

 

249,485

 

 

 

(0.09

%)

Changes in unrecognized tax benefits

 

 

 

 

 

0.00

%

Other adjustments

 

 

 

 

 

0.00

%

Effective tax rate

 

$

 

 

 

0.00

%

(1)
State taxes in Massachusetts made up the majority (greater than 50 percent) of the tax effect in this category.

A reconciliation between the Company’s effective tax rate and the federal statutory rate for the year ended December 31, 2024 is as follows:

 

 

Year Ended December 31, 2024

 

Federal statutory rate

 

 

21.00

%

Permanent differences

 

 

14.99

%

State income taxes, net of federal benefit

 

 

0.00

%

Valuation allowance

 

 

(35.99

%)

Effective tax rate

 

 

0.00

%

In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of the deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and tax planning strategies in making this assessment. Based upon the level of historical losses and the uncertainty of future taxable income over the periods which the Company will realize

the benefits of its net deferred tax assets, management believes it is more likely than not that the Company will not realize the benefits on the balance of its net deferred tax asset and, accordingly, the Company has established a full valuation allowance on its net deferred tax assets. The valuation allowance increased by approximately $3.6 million and decreased by approximately $0.8 million during the years ended December 31, 2025 and 2024, respectively.

As of December 31, 2025, the Company had approximately $188.2 million of federal net operating losses that will begin to expire in 2036, if not utilized. Of the total federal net operating loss, approximately $166.8 million has an unlimited carryforward and therefore will not expire. As of December 31, 2025, the Company had approximately $7.7 million of New Jersey and approximately $180.4 million of Massachusetts operating losses that will begin to expire in 2029 and 2037, respectively, if not utilized. As of December 31, 2025, the Company had approximately $0.1 million of federal research and development credits that will begin to expire in 2027, if not utilized.

The Company files tax returns as prescribed by the tax laws of the jurisdictions in which it operates. In the normal course of business, the Company is subject to examination by federal and state jurisdictions, where applicable. There are currently no pending income tax examinations. The Company’s tax years are still open under statute from 2022 to present.

As of December 31, 2025 and 2024, the Company had no liability recorded for unrecognized tax benefit. The Company classifies penalties and interest expense related to income tax liabilities as an income tax expense. There were no interest and penalties recognized in the statements of operations for the years ended December 31, 2025 and 2024, or accrued on the balance sheets as of December 31, 2025 and 2024.

The Company paid no cash for income taxes for the years ended December 31, 2025 and 2024.

On July 4, 2025, the One Big Beautiful Bill Act (“OBBBA” or the “Act” ) was enacted into law in the United States. The Act includes, among other provisions, changes to bonus depreciation rules, the treatment of research and experimental expenditures under Section 174A, limitations on the deductibility of interest under Section 163(j), and modifications to certain international tax regimes. The Company is required to account for the effects of changes in tax law in the period that includes the enactment date. Accordingly, during the year ended December 31, 2025, the Company remeasured its U.S. deferred tax assets and liabilities and corresponding valuation allowances to reflect the tax law changes under OBBBA. The net impact of the remeasurement was insignificant to income tax expense.

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Historical Timeline

Fiscal YearFiled
2025Mar 11, 2026Showing above
2024Feb 25, 2025
2023Feb 22, 2024
2022Mar 8, 2023
2021Mar 1, 2022
2020Mar 8, 2021
2019Mar 9, 2020
2018Mar 12, 2019
2017Mar 12, 2018
2016Mar 13, 2017
2015Mar 14, 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.