Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.23.1
Income Taxes
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Income Taxes

17. Income Taxes

 

The Company has established a full valuation allowance for its deferred tax assets based on management’s belief that it is not more likely than not that the related deferred tax assets will be realized. For the years ended December 31, 2022 and 2021, there was no income tax expense or benefit.

 

At December 31, 2022 and 2021, the Company had no recorded tax liabilities for uncertain tax positions. The Company does not expect any significant changes to the estimate amount of liabilities associated with uncertain tax positions in the next 12 months.

 

The income tax (benefit) provision consists of the following:

    2022       2021  
    For The Years Ended  
    December 31  
    2022       2021  
Federal:                
Current   $     $  
Deferred            
State and local:                
Current            
Deferred            
Income tax provision   $     $  

 

For the years ended December 31, 2022 and 2021, the expected tax benefit based on the statutory rate reconciled with the actual benefit is as follows:

 

                 
  For The Years Ended December 31,  
  2022     2021  
U.S. federal statutory rate     21.0 %     21.0 %
State tax rate, net of federal benefit     5.3 %     5.3 %
Permanent differences                
Non-deductible expenses     (9.7 )%     (10.5 )%
Timing differences     (0.0 )%     0.6 %
Change in valuation allowance     (16.6 )%     (16.4 )%
Income tax provision     0.0 %     0.0 %

 

For the years ended December 31, 2022 and 2021, differences between the expected tax expense based on the federal statutory rate and the actual tax expense is primarily attributable to the net losses incurred and the corresponding increase to the valuation allowance.

 

As of December 31, 2022 and 2021, the Company’s deferred tax assets consisted of the effects of temporary differences attributable to the following:

 

                 
  As of December 31,  
  2022     2021  
Deferred tax assets:                
Net operating loss carryforwards   $ 4,112     $ 3,326  
Other     6       4  
Total deferred tax assets     4,118       3,330  
Valuation allowance     (4,118 )     (3,330 )
Deferred tax assets, net of valuation allowance   $     $  
Deferred tax liabilities:            
Property and equipment, net            
Total deferred tax liabilities            
Net deferred tax liabilities   $     $  

 

 

As of December 31, 2022 and 2021, the Company has approximately $15.6 million and $12.6 million of federal NOL carryovers, respectively, which begin to expire in 2029 through 2036. Similarly, the subsidiary’s Pennsylvania state returns reported state NOL carryovers of approximately $15.6 million and $12.6 million, as of December 31, 2022 and 2021, respectively. However, these loss carryforwards on a separate company basis may be subject to limitations on the amounts that may be utilized pursuant to Internal Revenue Code section 382 and applicable state law. Section 382 imposes significant limitations on the utilization of net operating losses after certain changes of corporate ownership. The Company will need to determine the amount of loss carryforwards that may be utilized in the future as necessary.

 

In assessing the realization of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will be realized. The ultimate realization of the deferred tax assets is dependent upon the future generation of taxable income during the years 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. After consideration of all the evidence, both positive and negative, management has recorded a full valuation allowance against net deferred tax assets at December 31, 2022 and 2021 because management has determined that it is more likely than not that these deferred tax assets will not be realized.

 

The Company is subject to taxation in the U.S. and various states. Based on the history of net operating losses all jurisdictions and tax years are open for examination until the operating losses are utilized or the statute of limitations expires. As of December 31, 2022 and 2021, the Company does not have any significant uncertain tax positions.