Annual report pursuant to Section 13 and 15(d)

NOTE 11 - INCOME TAXES

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NOTE 11 - INCOME TAXES
12 Months Ended
Dec. 31, 2017
Income Tax Disclosure [Abstract]  
NOTE 11 - INCOME TAXES

NOTE 11 – INCOME TAXES


The Company maintains deferred tax assets and liabilities that reflect the net tax 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 deferred tax assets at December 31, 2017 and 2016 consist of net operating loss carryforwards and differences in the book basis and tax basis of intangible assets.

 

On December 22, 2017, President Trump signed into law the Tax Cuts and Jobs Act (the “Act”), a tax reform bill which, among other items, reduces the current federal income tax rate to 21% from 34%. The rate reduction is effective January 1, 2018 and is permanent.


The Act has caused the Company’s deferred income taxes to be revalued. As changes in tax laws or rates are enacted, deferred tax assets and liabilities are adjusted through income tax expense. Pursuant to the guidance within SEC Staff Accounting Bulletin No. 118 (“SAB 118”), as of December 31, 2017, the Company recognized the provisional effects of the enactment of the Act for which measurement could be reasonably estimated. Since the Company has provided a full valuation allowance against its deferred tax assets, the revaluation of the deferred tax assets did not have a material impact on any period presented. The ultimate impact of the Act may differ from these estimates due to the Company’s continued analysis or further regulatory guidance that may be issued as a result of the Act.

 

As a result of the reduction of the federal corporate income tax rate, the Company reduced the value of its net deferred tax asset by $2,354,257 which was recorded as a corresponding reduction to the valuation allowance during the fourth quarter of 2017.


The items accounting for the difference between income taxes at the effective statutory rate and the provision for income taxes for the years ended December 31, 2017 and 2016 were as follows:

 

 

 

 

 

 

 

 

 

 

 

 

Years Ended December 31,

 

 

 

2017

 

 

2016

 

Income tax benefit at U.S. statutory rate of 34%

 

$

(1,751,842

)

 

$

(870,948

)

State income taxes

 

 

(185,489

)

 

 

(92,218

)

Non-deductible expenses

  

 

551,235

 

 

 

356,674

 

Effect of change in federal statutory rate to 21%

 

 

490,618

  

  

 

  

Change in valuation allowance

 

 

895,478

 

 

 

606,492

 

Total provision for income tax

 

$

 

 

$

 

 

The Company’s approximate net deferred tax assets as of December 31, 2017 and 2016 were as follows:

 

 

 

 

 

 

 

 

 

 

 

 

December 31,

 

 

 

2017

 

 

2016

 

Deferred Tax Assets:

 

 

 

 

 

 

 

 

Net operating loss carryforward

 

$

4,357,876

 

 

$

5,241,802

 

Intangible assets

 

 

97,103

 

 

 

181,338

 

 

 

 

4,454,979

 

 

 

5,423,140

 

Valuation allowance

 

 

(4,454,979

)

 

 

(5,423,140

)

Net deferred tax assets

 

$

 

 

$

 

 

The net operating loss carryforward was approximately $17,715,000 and $13,941,000 at December 31, 2017 and 2016, respectively. The Company provided a valuation allowance equal to the deferred income tax assets for the years ended December 31, 2017 and 2016 because it was not known whether future taxable income will be sufficient to utilize the loss carryforward and other deferred tax assets. The increase in the valuation allowance was $895,478 in 2017.

 

The potential tax benefit arising from the loss carryforward will expire in years through 2037. Additionally, the future utilization of the net operating loss carryforward to offset future taxable income may be subject to an annual limitation as a result of ownership changes that could occur in the future in accordance with Section 382 of the Internal Revenue Code. If necessary, the deferred tax assets will be reduced by any carryforward that expires prior to utilization as a result of such limitations, with a corresponding reduction of the valuation allowance. The Company believes its tax positions are all highly certain of being upheld upon examination. The Company’s 2017, 2016 and 2015 Corporate Income Tax Returns are subject to Internal Revenue Service examination.

 

The Company does not have any uncertain tax positions or events leading to uncertainty in a tax position.