Income Taxes

12 Months Ended

Dec. 31, 2020

Income Tax Disclosure [Abstract]

Income Taxes

13. Income Taxes

Loss before provision for income taxes was distributed geographically for the years ended December 31, as follows (in thousands):

	2020			2019
Domestic	$	(4,885	)	$	(4,200	)
Foreign		(1,338	)		(1,564	)
Total	$	(6,223	)	$	(5,764	)

The provision (benefit) for income taxes is as follows for the years ended December 31 (in thousands):

	2020			2019
Current
Federal	$	-		$	-
State		2			2
Foreign		57			36
Change in deferred
Federal		(948	)		(447	)
Federal valuation allowance		948			447
State		(1	)		20
State valuation allowance		1			(20	)
Foreign		(1,425	)		(453	)
Foreign valuation allowance		1,425			453
Total current	$	59		$	38

The differences between our effective income tax rate and the U.S. federal statutory federal income tax rate for the years ended December 31, are as follows:

	2020			2019
Amounts at statutory tax rates		21	%		21	%
Foreign losses taxed at different rates		-	%		(2	)%
Stock-based compensation		(2	)%		(8	)%
Other		-	%		(1	)%
Total		19	%		10	%
Valuation allowance		(20	)%		(11	)%
Effective tax rate		(1	)%		(1	)%

Significant components of the deferred tax asset balances at December 31 are as follows (in thousands):

	2020			2019
Deferred tax assets:
Accruals	$	48		$	48
Stock compensation		38			159
Net operating losses		18,788			16,293
Total deferred tax assets		18,874			16,500
Valuation allowance		(18,874	)		(16,500	)
Total net deferred tax assets	$	-		$	-

Valuation allowances are recorded to offset certain deferred tax assets due to management’s uncertainty of realizing the benefits of these items. Management applies a full valuation allowance for the accumulated losses of Neonode Inc. and its subsidiaries, since it is not determinable using the “more likely than not” criteria that there will be any future benefit of our deferred tax assets. This is mainly due to our history of operating losses. As of December 31, 2020, we had federal, state and foreign net operating losses of $68.9 million, $20.0 million and $14.2 million, respectively. The federal loss carryforward begins to expire in 2028, and the California loss carryforward begins to expire in 2030. Federal net operating losses generated for tax years ending after December 31, 2017 do not expire. The foreign loss carryforward, which is generated in Sweden, does not expire.

Utilization of the net operating loss and tax credit carryforwards is subject to an annual limitation due to the ownership percentage change limitations provided by Section 382 of the Internal Revenue Code and similar state provisions. The annual limitation may result in the expiration of the net operating losses and tax credit carryforwards before utilization.  As of December 31, 2020, we had not completed the determination of the amount to be limited under the provision.

We follow the provisions of accounting guidance which includes a two-step approach to recognizing, derecognizing and measuring uncertain tax positions. There were no unrecognized tax benefits for the years ended December 31, 2020 and 2019.

We follow the policy to classify accrued interest and penalties as part of the accrued tax liability in the provision for income taxes. For the years ended December 31, 2020 and 2019 we did not recognize any interest or penalties related to unrecognized tax benefits.

As of December 31, 2020, we had no uncertain tax positions that would be reduced as a result of a lapse of the applicable statute of limitations.

We file income tax returns in the U.S. federal jurisdiction, California, Sweden, Japan, South Korea, and Taiwan. The 2009 through 2019 tax years are open and may be subject to potential examination in one or more jurisdictions. We are not currently under any federal, state or foreign income tax examinations.