Income Taxes

12 Months Ended

Dec. 31, 2020

Income Tax Disclosure [Abstract]

Income Taxes

Note 7. Income Taxes

The income tax benefit consisted of the following for the years ended December 31, 2020 and 2019:

	2020			2019
Federal	$	-		$	-
Foreign		-			-
State		(836,893	)		(610,676	)
Income tax benefit	$	(836,893	)	$	(610,676	)

The significant components of the Company’s deferred tax assets and liabilities at December 31, 2020 and 2019 are as follows:

	2020			2019
Net operating loss carry forwards	$	27,022,000		$	23,936,000
Orphan drug and research and development credit carry forwards		8,149,000			8,315,000
Equity based compensation		264,000			1,331,000
Intangibles		817,000			1,051,000
Total		36,252,000			34,633,000
Valuation allowance		(36,252,000	)		(34,633,000	)
Net deferred tax assets	$	-		$	-

The Company had gross NOLs at December 31, 2020 of approximately $119,000,000 for federal tax purposes, approximately $25,000,000 for state tax purposes and approximately $1,200,000 for foreign tax purposes. Federal losses generated in 2018 or later will carry forward indefinitely. In addition, the Company has approximately $8,149,000 of various tax credits which expire from 2021 to 2037. The Company may be able to utilize its NOLs to reduce future federal and state income tax liabilities. However, these NOLs are subject to various limitations under Internal Revenue Code (“IRC”) Section 382. IRC Section 382 limits the use of NOLs to the extent there has been an ownership change of more than 50 percentage points. In addition, the NOL carry forwards are subject to examination by the taxing authority and could be adjusted or disallowed due to such exams. Although the Company has not undergone an IRC Section 382 analysis, it is likely that the utilization of the NOLs may be substantially limited.

The Company and one or more of its subsidiaries files income tax returns in the U.S. Federal jurisdiction, and various state and local jurisdictions. During the year ended December 31, 2020 in accordance with the State of New Jersey’s Technology Business Tax Certificate Program, which allowed certain high technology and biotechnology companies to sell unused NOL carry forwards to other New Jersey-based corporate taxpayers, the Company sold New Jersey NOL carry forwards, resulting in the recognition of $836,893 of income tax benefit, net of transaction costs. The Company has not yet sold its 2020 New Jersey NOLs but may do so in the future. There can be no assurance as to the continuation or magnitude of this program in the future.

Reconciliations of the difference between income tax benefit computed at the federal and state statutory tax rates and the provision for income tax benefit for the years ended December 31, 2020 and 2019 were as follows:

	2020			2019
Federal tax at statutory rate		(21.0	)%		(21.0	)%
State tax benefits, plus sale of NJ NOL, net of federal benefit		(5.8	)		(8.8	)
Foreign tax rate difference		0.1			0.3
Orphan drug and research and development credits		4.8			1.8
Permanent differences		1.4			2.1
Foreign NOL adjustments		0.4			2.5
Expiration of tax attributes		6.9			8.8
Change in valuation allowance		8.7			8.3
Income tax benefit		(4.5	)%		(6.0	%)

Entities are also required to evaluate, measure, recognize and disclose any uncertain income tax provisions taken on their income tax returns. The Company has analyzed its tax positions and has concluded that as of December 31, 2020, there were no uncertain positions. The Company’s U.S. federal and state net operating losses have occurred since its inception and as such, tax years subject to potential tax examination could apply from 2011, the earliest year with a net operating loss carryover, because the utilization of net operating losses from prior years opens the relevant year to audit by the IRS and/or state taxing authorities. Interest and penalties, if any, as they relate to income taxes assessed, are included in the income tax provision. The Company did not have any unrecognized tax benefits and has not accrued any interest or penalties for the years ended December 31, 2020 and 2019.

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, was enacted and signed into law, and generally accepted accounting principles requires recognition of the tax effects of new legislation during the reporting period that includes the enactment date. The CARES Act, among other things, includes changes to the tax provisions that benefits business entities and makes certain technical corrections to the 2017 Tax Cuts and Jobs Act, including, permitting net operating losses, or NOLs, carryovers and carrybacks to offset 100% of taxable income for taxable years beginning before 2021. In addition, the CARES Act allows NOLs incurred in 2018, 2019, and 2020 to be carried back to each of the five preceding taxable years to generate a refund of previously paid income taxes. The CARES Act provides other reliefs and stimulus measures. The Company has evaluated the impact of the CARES Act, and does not expect that any provision of the CARES Act would result in a material cash benefit to the Company or have a material impact on the Company’s financial statements or internal controls over financial reporting.