Quarterly report pursuant to Section 13 or 15(d)

INCOME TAXES

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INCOME TAXES
 9 Months Ended
Sep. 30, 2024
Income Tax Disclosure [Abstract]  
INCOME TAXES

NOTE 13 – INCOME TAXES

 

Deferred taxes are determined by applying the provisions of enacted tax laws and rates for the jurisdictions in which the Company operates to the estimated future tax effects of the differences between the tax basis of assets and liabilities and their reported amounts in the Company’s financial statements. A valuation allowance is established to reduce deferred tax assets if it is more likely than not that the related tax benefits will not be realized.

 

Due to losses since inception and for all periods presented, no income tax benefit or expense has been recognized as a full valuation allowance has been established for any tax benefit that would have been recognized for the loss in any period presented.

 

The components of income tax expense (benefit) for the three and nine months ended September 30, 2024 and 2023 are as follows:

                       
   

Three Months

Ended

September 30, 2024

    

Three Months

Ended

September 30, 2023

    

Nine Months

Ended

September 30, 2024

    

Nine Months

Ended

September 30, 2023

  
                         
Expected federal income tax benefit at statutory rate     (2,864,081 )   $ (3,911,756 )   $ (8,461,517 )   $ (8,747,667 )
Non-deductible expenses     39,265       (4,468,467 )     (460,948 )     314,051  
Research and development credit     –       (148,811 )     –       (148,811 )
Prior year true up     794,012       –       4,029,744       –  
Return to provision true up     (89,625 )     –       (89,625 )     –  
Change in valuation allowance     2,120,429       8,529,034       4,982,346       8,582,427  
Income tax benefit   $ –     $ –     $ –     $ –  

 

Significant components of the Company’s deferred tax assets and liabilities at September 30, 2024 and December 31, 2023 are as follows:

           
   

September 30,

2024

    

December 31,

2023

  
Deferred tax assets                
Net operating losses   $ 23,910,910     $ 15,468,757  
Debt basis difference     –       5,121,397  
Depreciation and amortization     1,695,242       1,701,768  
Research & development credit     1,099,535       1,099,535  
Lease liability     184,753       246,704  
Stock-based compensation     –       3,235,732  
Inventory     –       152,749  
Accrued expenses     98,713       66,909  
Capital loss carryover     176,949       176,950  
Dealer rebates     –       459,713  
Vendor settlements and reserves     452,824       –  
Other     27,308       21,828  
Total     27,646,234       27,752,042  
Valuation allowance     (27,389,592 )     (27,171,016 )
Net deferred tax asset     256,642       581,026  
Deferred tax liabilities                
Prepaid expenses     (79,992 )     (342,421 )
Right-of-use assets     (176,650 )     (238,605 )
Total net deferred taxes deferred tax liabilities   $ –     $ –  

 

Management currently believes that since the Company has a history of losses it is more likely than not that the deferred tax regarding the loss carry forwards and other temporary differences will not be realized in the foreseeable future. Due to the impact of the reverse stock split in June 2024 on the adjusted number of outstanding options and exercise prices, the Company concluded that it is a remote possibility that any options will be exercised and therefore wrote off the deferred tax asset and related valuation allowance for stock-based compensation. The utilization of the Company’s net operating losses and credit carryovers may be subject to limitation due to the “change in ownership provisions” under Section 382 of the Internal Revenue Code. The Company’s cumulative net operating loss carry forward of $113.9 million as of September 30, 2024, may be limited in future years depending on future taxable income in any given fiscal year. The net operating losses can be carried forward indefinitely.

 

The Company has recorded no liability for income taxes associated with unrecognized tax benefits at the date of adoption and has not recorded any liability associated with unrecognized tax benefits. Accordingly, the Company has not recorded any interest or penalty in regard to any unrecognized benefit.