Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.19.3.a.u2
Income Taxes
12 Months Ended
Sep. 30, 2019
Income Taxes  
Income Taxes

9. Income Taxes

The Company has accumulated net losses since inception and has not recorded an income tax provision or benefit for the United States (U.S.) federal and state income taxes during the year ended September 30, 2019 and for the period from August 28, 2018 (inception) to September 30, 2018.

A reconciliation of income taxes at the statutory federal income tax rate to net income taxes included in the consolidated statements of operations is as follows:

 

 

 

 

 

 

 

 

    

 

    

For the Period

 

 

 

For the Year 

 

 From August 28,

 

 

 

Ended September

 

2018 (Inception) to

 

 

 

30,

 

September 30, 

 

 

 

2019

 

2018

 

U.S. federal income tax expense at the statutory rate

 

(21.0)

%  

(21.0)

%

State income taxes, net of federal taxes

 

(7.9)

 

(7.9)

 

Stock-based compensation

 

0.4

 

 —

 

Ohr acquisition

 

12.8

 

 —

 

Change in valuation allowance

 

15.0

 

28.4

 

Other permanent items

 

0.7

 

0.5

 

Income tax provision (benefit)

 

 0

%  

 0

%

 

The components of our deferred tax assets and liabilities are:

 

 

 

 

 

 

 

 

 

    

September 30, 

 

 

2019

    

2018

Deferred tax assets

 

 

 

 

 

 

Net operating loss carryforwards

 

$

1,840,194

 

$

11,907

Stock-based compensation

 

 

2,161,121

 

 

 —

Amortization

 

 

286,526

 

 

 —

Total deferred tax assets

 

 

4,287,841

 

 

11,907

Deferred tax liabilities

 

 

  

 

 

  

Depreciation

 

 

(19,310)

 

 

 —

Prepaid expenses

 

 

(205,116)

 

 

 —

Total deferred tax liabilities

 

 

(224,426)

 

 

 —

Valuation allowance

 

 

(4,063,415)

 

 

(11,907)

Net deferred tax assets, net of allowances

 

$

 —

 

$

 —

 

As of each reporting date, the Company considers existing evidence, both positive and negative, that could impact its view with regard to future realization of deferred tax assets. The Company believes that it is more likely than not that the benefit for deferred tax assets will not be realized. In recognition of this uncertainty, a full valuation allowance was applied to the deferred tax assets. The Company did not record a tax provision for the year ended September 30, 2019 and for the period August 28, 2018 (inception) through September 30, 2018, due to the Company’s estimate that the effective tax rate for each year is 0%.  

Future realization depends on the Company’s future earnings, if any, the timing and amount of which are uncertain as of September 30, 2019. In the future, should management conclude that it is more likely than not that the deferred tax assets are partially or fully realizable, the valuation allowance would be reduced to the extent of such expected realization and the amount would be recognized as a deferred income tax benefit in the Company’s consolidated statements of operations.

As of September 30, 2019, the Company had available total net operating loss carryforwards of approximately $6.4 million. Federal net operating losses of approximately $6.3 million carryforward indefinitely. State operating loss carryforwards of approximately $6.4 million, begin to expire in 2039.

Pursuant to Section 382 of the Internal Revenue Code of 1986, as amended, the Company’s federal and state net operating loss carryforwards may be limited in the event a cumulative change in ownership of more than 50% occurs within a three-year period.  The Company has not completed a Section 382 analysis regarding the limitation of net operating loss carryforwards. There is a risk that changes in ownership have occurred since Company’s formation. If a change in ownership were to have occurred, the NOL carryforwards could be limited or restricted. If limited, the related asset would be removed from the deferred tax asset schedule with a corresponding reduction in the valuation allowance. Due to the existence of the valuation allowance, limitations created by future ownership changes, if any, related to the Company’s operations will not impact the Company’s effective tax rate.

There are open statutes of limitations for taxing authorities in federal and state jurisdictions to audit our tax returns from inception of the Company. There have been no material income tax related interest or penalties assessed or recorded.

No liability related to uncertain tax positions is reported in the Company’s consolidated financial statements.