Income Taxes |
12 Months Ended |
|---|---|
Dec. 31, 2021 | |
| Income Taxes [Abstract] | |
| Income Taxes | Note 11 – Income Taxes New Tax Legislation On March 27, 2020, the President of the United States signed the Coronavirus Aid Relief and Economic Security Act (“CARES Act”). The CARES Act provides several provisions that effect businesses from an income tax perspective. Due to the history of the tax losses, most of the CARES Act provisions have no current benefit to the Company. The Company can, however benefit from one provision, which allows for the immediate refund of the Alternative Minimum Tax Credit (“AMT Credit”) previously recognized as deferred tax asset. The Company has filed an amendment to claim the AMT Credit and is anticipating a refund of $212 thousand. This tax receivable was recorded during 2017, and is reflected in Prepaid Expenses and Other Current Assets on the Consolidated Balance Sheet. Net loss before income taxes consists of the following (in thousands): For the Years Ended December 31, 2021 2020Domestic, current $ (5,206) $ (11,448)Total $ (5,206) $ (11,448) The tax effects of significant items comprising the Company’s deferred taxes are as follows (numbers are in thousands): For the Years Ended December 31, 2021 2020Deferred tax assets: Federal and State Net Operating Loss Carryforwards$ 22,578 $ 28,153Research and Development Tax Credit Carryforwards 2,237 2,450Stock based compensation 1,665 1,561Other provision and expenses not currently deductible 4,448 2,317Total deferred tax assets 30,928 34,481Deferred tax liabilities: Depreciation and amortization (507) (521)Prepaid expenses (7) (68)Total deferred liabilities (514) (589)Less: valuation allowance (30,414) (33,892)Net deferred tax asset$ — $ — The Company accounts for income taxes under an asset and liability approach that requires the recognition of deferred tax assets and liabilities for the expected future tax consequences of events that have been recognized in the Company’s financial statements or tax returns. The effect on deferred tax assets and liabilities of changes in tax rates will be recognized as income or expense in the period that the change occurs. A valuation allowance for deferred tax assets is recorded when it is more likely than not that some or all of the benefit from the deferred tax asset will not be realized. Changes in circumstances, assumptions and clarification of uncertain tax regimes may require changes to any valuation allowances associated with the Company’s deferred tax assets. As of December 31, 2021, the Company’s deferred tax assets were generated primarily from the federal and state net operating loss, stock based compensation, research and development tax credits and other provision and expenses not currently deductible. In assessing the realizability of deferred tax assets, management determined that it is more likely than not that none of the deferred tax assets will be realized. Therefore, the Company has provided a full valuation allowance against the deferred tax assets at December 31, 2021 and 2020. As of December 31, 2021 and 2020, the Company had net deferred tax assets before its valuation allowance of $30.4 million and $33.9 million, respectively. During the year ended December 31, 2021, the Company did not utilize its prior years’ net operating loss carryforwards and the net operating loss of $13.8 million and $14.4 million that originated in 2000 and 2001, respectively, expired. As of December 31, 2021, the Company had federal and state net operating loss carryforwards of $105.1 million and federal research and development tax credit carryforwards of $2.2 million. Pursuant to provisions of the 2017 Tax Cut and Jobs Act, the net operating losses originating in years subsequent to 2017 totaling $16.4 million can be carried forward indefinitely but limited to 80% of taxable income in the year of utilization. The federal net operating losses and tax credit carryforwards will expire as follows (in thousands): Net Research and Operating Development Losses Tax Credits 2019-2020 $ - $ -2021-2024 14,507 -2025-2037 74,173 2,237No Expiration 16,397 - $ 105,077 $ 2,237 The utilization of net operating losses can be subject to a limitation due to the change of ownership provisions under Section 382 of the Internal Revenue Code and similar state provisions. Such limitation may result in the expiration of the net operating losses before their utilization. The Company has done an analysis regarding prior year ownership changes, and it has been determined that the Section 382 limitation on the utilization of net operating losses will currently not materially affect the Company's ability to utilize its net operating losses. The difference between the statutory federal income tax rate on the Company's pre-tax loss and the Company's effective income tax rate is summarized as follows: For the Years Ended December 31, 2021 2020U.S. Federal income tax benefit at federal statutory rate 21% 21%Change in valuation allowance 67 9 Permanent differences 21 (8) NOL Expiration - 1998 (115) (21) Other, net 6 (1) Effective tax rate -% -% The Company did not have unrecognized tax benefits at December 31, 2021 and 2020. The Company recognizes interest accrued and penalties related to unrecognized tax benefits in tax expense. During the years ended December 31, 2021 and 2020, the Company recognized no interest and penalties. The Company files income tax returns in the U.S. federal jurisdiction and in certain U.S. states. Generally, the Company’s tax filings are subject to tax examinations by major taxing jurisdictions during the three years period subsequent to the due date of such returns, or if later, when the return is filed. However, due to the Company's operating losses, the utilization of a net operating loss subjects the year that such loss originated to being open for examination by major taxing jurisdictions to which the Company is subject. |