INCOME TAXES

12 Months Ended

Sep. 30, 2022

INCOME TAXES

INCOME TAXES

7. INCOME TAXES

At September 30, 2022 and 2021, the Company had net deferred tax assets of $52.9 million and $44.1 million, respectively. Due to uncertainties surrounding the Company’s ability to generate future taxable income to realize these assets, a full valuation allowance has been established to offset the net deferred tax assets. In assessing the realization of deferred tax assets, management considered whether it was more likely than not that some, or all, of the deferred tax asset will be realized.  The ultimate realization of the deferred tax assets is dependent upon the generation of future taxable income.  Management has considered the history of the Company’s operating losses and believes that the realization of the benefit of the deferred tax assets cannot be reasonably assured. 

Pursuant to Section 382 of the Internal Revenue Code, or IRC, annual use of the Company’s net operating loss (NOL) carryforwards may be limited in the event a cumulative change in ownership of more than 50% occurs within a three-year period. Such ownership change could result in annual limitations on the utilization of tax attributes, including NOL carryforwards and tax credits. The Company performed an analysis to determine if any additional ownership changes occurred during the year ended September 30, 2022 and no such shifts were identified. If changes in ownership occur after year end, NOL and tax credit carryforwards could be eliminated or restricted. If eliminated, the related asset would be removed from the deferred tax asset schedule with a corresponding reduction in the valuation allowance.

The Company had federal NOL carryforwards of approximately $100.2 million and $77.1 million at September 30, 2022 and 2021, respectively. Approximately $19.2 million of the NOL carryforwards begin to expire during the year ended September 30, 2023 and become fully expired by 2038 and approximately $81.0 million of NOL carryforwards, which were generated subsequent to the Tax Cuts and Jobs Act, have an indefinite life.  In addition, the Company has a general business credit as a result of the credit for increasing research activities (R&D credit) of approximately $1.2 million at September 30, 2022 and 2021.  The R&D credit expires during the fiscal year ending September 30, 2029. 

Significant components of the Company’s deferred tax assets and liabilities as of September 30, 2022 and 2021 are listed below: 

	2022			2021
NOL carryforwards	$	25,346,000		$	19,789,000
Capitalized R&D		15,042,000			15,040,000
Stock-based compensation		10,442,000			7,785,000
Lease liabilities		3,872,000			4,101,000
R&D credit		1,221,000			1,221,000
Vacation and other		307,000			126,000
Total deferred tax assets		56,230,000			48,062,000
Right of use assets		(3,244,000	)		(3,786,000	)
Fixed assets and intangibles		(44,000	)		(172,000	)
Total deferred tax liability		(3,288,000	)		(3,958,000	)
Net deferred tax asset		52,942,000			44,104,000
Valuation allowance		(52,942,000	)		(44,104,000	)
Ending balance	$	-		$	-

The Company has no federal or state current or deferred tax expense or benefit.  The Company’s effective tax rate differs from the applicable federal statutory tax rate.  The reconciliation of these rates is as follows for the years ended September 30:

	2022			2021
Federal rate		21.00	%		21.00	%
State tax rate change		(1.67	)		(1.37	)
State tax rate, net of federal benefit		4.34			4.72
Other adjustments		(0.28	)		(0.79	)
Permanent differences		0.21			0.23
Change in valuation allowance		(23.61	)		(23.79	)
Effective tax rate		0.00	%		0.00	%

The Company applies the provisions of ASC 740, “Accounting for Uncertainty in Income Taxes,” which requires financial statement benefits to be recognized for positions taken for tax return purposes when it is more likely than not that the position will be sustained.  The Company has elected to reflect any tax penalties or interest resulting from tax assessments on uncertain tax positions as a component of income tax expense.  The Company has generated federal net operating losses during the tax years ended September 30, 1999 through 2022.  The Company files income tax returns in the U.S. federal jurisdiction and various states. With few exceptions, the Company is no longer subject to U.S. federal and state income tax examinations by tax authorities for years  September 30, 2018 and prior.