Note 12 – Income Taxes

 

The Company has no significant current income taxes due because of the losses generated each year.

 

Deferred income taxes reflect the net effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and those used for income tax purposes. The Company’s deferred tax assets relate primarily to its net operating loss carryforwards and other balance sheet basis differences. In accordance with ASC 740, the Company recorded a valuation allowance to fully offset the gross deferred tax asset because it is not “more likely than not” that the Company will realize future benefits associated with these deferred tax assets at December 31, 2025 and 2024. The valuation allowance increased by approximately $2,700,000 and $4,200,000 for the years ended December 31, 2025 and 2024, respectively.

 

The difference between income taxes at the statutory federal income tax rate and income taxes reported in the consolidated statements of operations is attributable to a full valuation allowance recorded in all periods since inception. The provision for income taxes for the taxable years ended December 31, 2025 and 2024 differs from the statutory federal income tax rate for the years ended December 31, 2025 and 2024 as follows:

 

               
    2025     2024  
Tax benefit at the federal statutory rate     21.0 %     21.0 %
State tax, net of federal benefit     7.0 %     7.0 %
Permanent differences     - %     9.0 %
Change in valuation allowance     (28.0 )%     (37.0 )%
Effective income tax rate     0.0 %     0.0 %

 

Significant components of the Company’s deferred tax assets at December 31, 2025 and 2024 are as follows:

 

               
    2025     2024  
Deferred tax assets:                
Net operating losses   $ 21,470,858     $ 8,369,543  
Share based compensation     6,883,290       2,405,371  
Interest expense     582,708       87,260  
Deferred research and development costs     -       1,230,953  
Accrued wages     71,428       205,765  
Accrued litigation costs     1,369,777       1,299,550  
Accrued advisory fees     428,248       -  
Deferred revenue and other     37,940       37,940  
Total deferred tax assets     30,844,248       13,636,382  
Valuation allowances     (30,844,248 )     (13,636,382 )
Deferred tax assets, net of valuation allowance     -       -  

 

At December 31, 2025 and 2024, the Company had Federal net operating loss carryforwards of approximately $46,800,000 and $29,800,000 which will begin to expire in 2035. Of the total Federal net operating losses, the amounts incurred after 2017 of approximately $22,800,000 will carry forward indefinitely. Sections 382 and 383 of the Internal Revenue Code, and similar state regulations, contain provisions that may limit the NOL carryforwards available to be used to offset income in any given year upon the occurrence of certain events, including changes in the ownership interests of significant stockholders. In the event of a cumulative change in ownership in excess of 50% over a three-year period, the amount of the NOL carryforwards that the Company may utilize in any year may be limited. Although the Company has not undertaken a formal analysis, it is likely that such an ownership change occurred prior to 2020. The years 2021 through 2024 are subject to examination by taxing authorities.

 

Management has evaluated and concluded that there were no material uncertain tax positions requiring recognition in the Company’s consolidated financial statements as of December 31, 2025 or 2024. The Company does not expect any significant changes in its unrecognized tax benefits within twelve months of the reporting date. No tax audits were commenced or were in process for the taxable years that ended December 31, 2025 and 2024. No tax related interest or penalties were incurred during the years ended December 31, 2025 and 2024.

 

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.