Note 4 - Income Taxes

12 Months Ended

Dec. 31, 2021

Notes to Financial Statements

Income Tax Disclosure [Text Block]

Note 4:     Income Taxes

The Tax Cuts and Jobs Act (“TCJA”) was enacted on December 22, 2017 and became effective January 1, 2018. The TCJA contains several key provisions, including a reduction in the U.S. federal corporate income tax rate from 35% to 21% and repeal of the corporate alternative minimum tax (“AMT”). The TCJA’s reduction in the U.S. statutory tax rate had no additional impact on the consolidated financial statement for the year ended December 31, 2019.

The TCJA repealed the corporate AMT but permitted unused AMT credit carryforwards to be used to reduce the regular tax obligation in future years. Any AMT credit carryforwards that do not reduce regular taxes are eligible for a 50% refund in 2018 through 2020, and a 100% refund in 2021. Subsequently, the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”), which was signed into law in March 2020, accelerated the full refund of any unused AMT credits from 2021 (as provided for in the TCJA) to 2018 or 2019, at the taxpayer’s election.

Accordingly, we reclassified the balance of the AMT credit from the deferred tax asset to an income tax receivable in 2018. The corresponding balance in the valuation allowance has been reversed into income tax benefit in the amount of $1,001,233. In 2019, we have received 50% or approximately $0.5 million AMT refund for tax year 2018. In 2020, we received the remaining 50% or approximately $0.5 million AMT refund for the tax year 2019.

For the year ended December 31, 2021, there was no provision for income taxes or unrecognized tax benefits recorded.

The significant components of gain (loss) before income taxes are as follows:

	Years Ended December 31,
	2021			2020
U.S. operations	$	(13,115,869	)	$	(9,246,122	)
Foreign operations		45,618			(47,833	)
Total loss before provision for income taxes	$	(13,070,251	)	$	(9,293,955	)

The Company has no current or deferred income tax for the years ended December 31, 2021 and 2020.

The income tax provision differs from the expense amount that would result from applying the federal statutory rates to income before income taxes due to permanent differences, state income taxes and a change in the deferred tax valuation allowance.

The reconciliation between the statutory tax rate and the Company’s actual effective tax rate is as follows:

	Years Ended December 31,
	2021			2020
Tax at U.S. statutory rate		(21.00	)%		(21.00	)%
State taxes, net of federal benefit		(4.52	)		(3.60	)
Non-deductible items		(0.84	)		(0.45	)
Change in valuation allowance		28.09			24.19
True-up adjustment		0.06			1.33
Foreign operations		0.09			(0.13	)
Change in tax rate		(1.88	)		—
Other		—			(0.34	)
Effective income tax rate		—	%		—	%

The significant components of the Company’s net deferred income tax assets are as follows:

	December 31,
	2021			2020
Stock option expense	$	947,400		$	689,600
NOL carryforward		10,509,900			7,080,600
Research and development credits		1,656,500			1,656,500
Unrealized gain from investment in Alphazyme		(72,100	)		(69,800	)
Other		(6,100	)		7,900
Deferred tax asset, net of deferred tax liabilities		13,035,600			9,364,800
Valuation allowance		(13,035,600	)		(9,364,800	)
Net deferred tax asset	$	—		$	—

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. In assessing the realizability of deferred tax assets, Management evaluates 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 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 on Management’s evaluation, the net deferred tax asset, was offset by a full valuation allowance as of December 31, 2021 and 2020. 

The Company had net operating loss (“NOL”) carryforwards available as of December 31, 2021 and 2020, in the amount of approximately $39.9 million and $27.3 million, respectively. Approximately $37.1 million of the net operating loss carryforwards will be carried forward indefinitely and will be available to offset 80% of taxable income. The remaining amount of the net operating loss carryforwards will expire at varying dates through 2040.

Indian Tax

Income generated in India is subject to Tax Deducted at Source (“TDS”), which is a means of collecting income tax at the source when income is generated rather than at later by the Indian government. The TDS amount paid can be used as foreign tax credit for US tax purposes. However, we do not expect to use the credit due to our loss from operation. As a result, the Company recorded a provision for income taxes of approximately $31,000 as a result of TDS for the year ended December 31, 2020. There was no provision for income taxes related to TDS for the year ended December 31, 2021.