Annual report pursuant to Section 13 and 15(d)

Note 11 - Income Tax

v3.21.1
Note 11 - Income Tax
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Tax

The Company did not record any income tax provision for the years ended December 31, 2020 and 2019 due to the Company’s net losses. The Company files income tax returns in the United States (“Federal”) and California (“State”) jurisdictions. The Company is subject to Federal and State income tax examinations by tax authorities for all years since its inception. At December 31, 2020, the Company had Federal and State net operating loss carry forwards available to offset future taxable income of approximately $39 million. These carry forwards will begin to expire in the year ending December 31, 2030, subject to IRS limitations, including change in ownership. The Company periodically evaluates the likelihood of the realization of deferred tax assets, and adjusts the carrying amount of the deferred tax assets by a valuation allowance to the extent the future realization of the deferred tax assets is not judged to be more likely than not. The Company considers many factors when assessing the likelihood of future realization of our deferred tax assets, including recent cumulative earnings experience by taxing jurisdiction, expectations of future taxable income or loss, the carry-forward periods available to us for tax reporting purposes, and other relevant factors.

 

At December 31, 2020 and 2019, based on the weight of available evidence, including cumulative losses in recent years and expectations of future taxable income, the Company determined that it was more likely than not that its deferred tax assets would not be realized. Accordingly, the Company has recorded a valuation allowance for 100% of its cumulative deferred tax assets. The components of our deferred tax assets are as follows.

 

    December 31,  
    2020     2019  
Deferred tax assets:            
Federal net operating loss carryforward     39,340,000       36,803,000  
Stock based compensation and other items      4,779,000      -  
Intellectual property     58,504,000       58,504,000  
Accrued expense     -       1,262,000  
Patent amortization     4,000       4,000  
Deferred tax assets before valuation     102,627,000       96,573,000  
Valuation allowance     (102,627,000 )     (96,573,000 )
Net deferred income tax assets     -       -  

 

Generally accepted accounting principles 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. Because of the Company's history of operating losses, management has provided a valuation allowance equal to its net deferred tax assets.

 

A reconciliation of the federal statutory income tax rate and the effective income tax rate as a percentage of income before income tax provision is as follows for the year ended:

 

   

December 31,

2020

 

December 31,

2019

Federal statutory income tax rate     21 %     21 %
State tax, net of federal benefit     7 %     7 %
Change in valuation allowance on net operating loss carry-forwards     (28 %)     (28 %)
Effective income tax rate     0 %     0 %