Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.20.4
Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

Note 12 – Income Taxes

 

Deferred income taxes reflect the net effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. The Company's deferred tax assets relate primarily to its net operating loss carryforwards and other balance sheet basis differences. In accordance with ASC 740, "Income Taxes," the Company recorded a valuation allowance to fully offset the gross deferred tax asset, because it is not more likely than not that the Company will realize future benefits associated with these deferred tax assets at December 31, 2020 and 2019.

 

As of December 31, 2020 and 2019, the Company had deferred tax assets of $22.3 million and $17.3 million, respectively, against which a full valuation allowance of $22.3 million and $17.3 million, respectively, had been recorded. The change in the valuation allowance for the year ended December 31, 2020 was an increase of $5.0 million. The increase in the valuation allowance for the year ended December 31, 2020 was mainly attributable to increases in net operating losses and non-deductible share based compensation, which resulted in an increase in the deferred tax assets with a corresponding valuation allowance. Significant components of the Company's deferred tax assets at December 31, 2020 and 2019 were as follows:

 

    December 31,  
    2020     2019  
Deferred tax assets:            
Net operating loss carryforwards – Federal and state   $ 3,371     $ 2,183  
Net operating loss carryforwards – Israel     16,323       12,680  
Share based compensation     1,268       1,004  
Capitalized research and development     734       731  
Accrued liabilities and reserves     743       841  
Total deferred tax assets     22,439       17,439  
Deferred tax liabilities:                
Right of use asset     (132 )     (168 )
Other     (16 )     (5 )
Total deferred tax liabilities     (148 )     (173 )
Net deferred tax assets before valuation allowance     22,291       17,266  
Valuation allowance     (22,291 )     (17,266 )
Net deferred tax assets after valuation allowance   $ -     $ -  

 

A reconciliation of the federal statutory tax rate and the effective tax rates for the years ended December 31, 2020 and 2019 is as follows:

 

    For the Year Ended December 31,  
    2020     2019  
U.S. federal statutory tax rate     21.0 %     21.0 %
State income taxes, net of federal benefit     4.2       0.9  
U.S. vs. foreign tax rate differential     1.5       1.7  
Non-deductible expenses     (0.6 )     (1.4 )
Change in valuation allowance     (26.1 )     (22.2 )
Effective tax rate     - %     - %

 

The Company had approximately $91.0 million and $71.0 million of gross net operating loss ("NOL") carryforwards (federal, state and Israel) as of December 31, 2020 and 2019, respectively. Sections 382 and 383 of the Internal Revenue Code, and similar state regulations, contain provisions that may limit the NOL carryforwards available to be used to offset income in any given year upon the occurrence of certain events, including changes in the ownership interests of significant stockholders. In the event of a cumulative change in ownership in excess of 50% over a three-year period, the amount of the NOL carryforwards that the Company may utilize in any one year may be limited.

 

A reconciliation of the Company's NOLs for the years ended December 31, 2020 and 2019 is as follows:

 

    December 31,  
    2020     2019  
U.S. Federal NOL's   $ 10,724     $ 8,630  
U.S. State NOL's     9,314       7,219  
Israel NOL's     70,971       55,132  
Total NOL's   $ 91,009     $ 70,981  

 

 

The Company's federal and state NOL's of $3.3 million and $9.3 million, respectively, begin to expire after 2036 through 2040. The Company's federal NOL of $7.4 million, generated since 2018, and the Israel NOL of $71.0 million do not expire. A check the box election for Israel was made and accepted by the IRS as of January 1st, 2019.  As such, approximately $21.2 million of Israeli NOLs are available for use in the U.S and have an indefinite life.

 

The Company follows guidance on accounting for uncertainty in income taxes which prescribes a minimum threshold a tax position is required to meet before being recognized in the financial statements. The Company does not have any liabilities as of December 31, 2020 and 2019 to account for potential income tax exposure. The Company is obligated to file income tax returns in the U.S. federal jurisdiction, several U.S. States and Israel. Since the Company had losses in the past, all prior years that generated net operating loss carry-forwards are open and subject to audit examination in relation to the net operating loss generated from those years. On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, was enacted in the United States, the impact of which was not material.