Mustang Bio, Inc. Annual report pursuant to Section 13 and 15(d)

Annual report pursuant to Section 13 and 15(d)

Income Taxes

Income Taxes

12 Months Ended

Dec. 31, 2019

Note 10 - Income Taxes

For financial reporting purposes, the Company calculated income tax provision and deferred income tax balances as if it was a separate entity and had filed its own separate tax return under Sub-Chapter C of the Internal Revenue Code.

A reconciliation of the statutory U.S. federal rate to the Company’s effective tax rate is as follows:


	For the year ended December 31,
	2019		2018
Statutory federal income tax rate	21	%	21	%
State taxes, net of federal tax benefit	15	%	7	%
Non-deductible items	—	%	—	%
Credits	3	%	3	%
Federal tax rate change	—	%	—	%
State tax rate change	4	%	(2)	%
Other	(2)	%	(1)	%
Change in valuation allowance	(41)	%	(28)	%
Income taxes provision (benefit)	—		—

The components of the net deferred tax asset as of December 31, 2019 and 2018 are the following ($ in thousands):


	For the year ended December 31,
	2019		2018
Deferred tax assets:
Net operating loss carryovers	$	27,446	$	14,305
Stock compensation and other		2,037		1,427
Change in fair value of warrant liabilities		57		45
Amortization of license		9,454		6,258
Lease liability		746		—
Accruals and reserves		519		237
Startup costs		7		6
Debt issuance costs		21		—
Tax credits		2,746		1,070
Total deferred tax assets		43,033		23,348
Less: valuation allowance		(42,608)		(23,348)
Net deferred tax assets	$	425	$	—

Deferred tax liabilities:
Stock compensation and other	$	—	$	—
Unrealized gain/loss on investment		—		—
Right of use asset		(425)		—
Basis in subsidiary		—		—
Total deferred tax assets, net	$	—	$	—

The Company has determined, based upon available evidence, that it is more likely than not that the net deferred tax asset will not be realized and, accordingly, has provided a full valuation allowance against its net deferred tax assets as of December 31, 2019 and 2018. A valuation allowance of approximately $42.6 million and $23.3 million, respectively, was recorded for the year ended December 31, 2019 and 2018.

As of December 31, 2019, the Company had federal and state net operating loss carryforwards of approximately $87.1 million and $141.1 million, respectively. The federal and state net operating loss carryforwards will begin to expire, if not utilized, by 2035 and 2035, respectively. Utilization of the net operating loss carryforward may be subject to an annual limitation due to the ownership change limitations provided by Section 382 of the Internal Revenue Code of 1986, as amended and similar state provisions.

There are no significant items determined to be unrecognized tax benefits taken or expected to be taken in a tax return, in accordance with ASC 740 “Income Taxes” (“ASC 740”), which clarifies the accounting for uncertainty in income taxes recognized in the financial statements, that have been recorded on the Company’s financial statements for the period ended December 31, 2019. The Company does not anticipate a material change to unrecognized tax benefits in the next twelve months.

Additionally, ASC 740 provides guidance on the recognition of interest and penalties related to income taxes. There were no interest or penalties related to income taxes that have been accrued or recognized as of and for the period ended December 31, 2019.

The federal and state tax returns for the years ended December 31, 2018, 2017, and 2016 are currently open for examination under the applicable federal and state income tax statues of limitations.