Annual report pursuant to Section 13 and 15(d)

Income Taxes (Tables)

v3.23.1
Income Taxes (Tables)
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Schedule of components of income (loss) before the income tax provision (benefit)
The components of loss before the income tax provision consist of the following:
  Year Ended
December 31,
  2022 2021
United States $ (18,801,570) $ (8,446,034)
Foreign (673,291) (74,048)
Pre-tax loss and comprehensive loss from operations $ (19,474,861) $ (8,520,082)
The components of the income tax expense consisted of the following:
Year Ended
December 31,
2022 2021
Current income tax expense
State 6,741  2,100 
Total current income tax expense 6,741  2,100 
Schedule for significant portions of deferred income tax assets
The tax effects of temporary differences and carryforwards that give rise to significant portions of the deferred income tax assets are as follows:
  As of December 31,
Current deferred tax assets/(liabilities): 2022 2021
State taxes $ 756  $ 441 
Amortization 61  109 
Research and development credits 1,199,256  138,581 
Capitalized research and development costs 1,000,777  — 
Lease liability 16,565  33,906 
Contingent legal accrual 1,306,097  — 
Capital loss carryforwards 8,824,896  — 
Net operating loss 30,648,168  8,887,647 
Other 975,897  446,623 
Gross deferred tax assets 43,972,473  9,507,307 
Valuation allowance (43,957,489) (9,373,577)
Net deferred tax assets $ 14,984  $ 133,730 
Deferred tax liabilities
Right-of-use asset $ (14,984) $ (30,939)
Discount - Amended Credit Agreement —  (102,791)
Total deferred tax liabilities (14,984) (133,730)
Net deferred tax assets $   $  
Schedule of provision for income taxes on earnings subject to income taxes differs from the statutory Federal rate The provision for income taxes on earnings subject to income taxes differs from the statutory Federal rate at December 31, 2022 and 2021, due to the following:
  As of December 31,
  2022 2021
Expected income tax benefit at federal statutory tax rate $ (4,089,720) $ (1,789,217)
State income taxes, net of federal benefit (749,744) (475,287)
Change in fair value of warrants (76,672) 4,445 
Change in valuation allowance (892,837) 1,783,362 
Uncertain tax positions 884,911  557,016 
Reduction in compound derivative 4,974,768  — 
Non-deductible interest 35,624  36,731 
Stock compensation 69,754  31,863 
Research and development credits (281,709) (168,514)
Rate adjustment —  785 
Other permanent difference 132,366  20,916 
Provision for income taxes $ 6,741  $ 2,100 
Schedule of reconciliation of beginning and ending amounts of unrecognized tax positions
A reconciliation of the beginning and ending amounts of unrecognized tax positions are as follows:
  As of December 31,
  2022 2021
Unrecognized tax positions, beginning of the year $ 1,784,626  $ 1,134,173 
Gross increase - current period tax positions 1,087,413  687,598 
Gross decrease – prior period tax positions (19) (37,145)
Unrecognized tax positions, end of year $ 2,872,020  $ 1,784,626