Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

v3.20.2
INCOME TAXES
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
INCOME TAXES

NOTE H— INCOME TAXES

 

Income taxes are provided for temporary differences between financial and tax bases of assets and liabilities. The following is a reconciliation of the amount of benefit that would result from applying the federal statutory rate to pre-tax loss with the benefit from income taxes for the years ended December 31, 2015, 2016, 2017, 2018 and 2019:

 

The components of deferred tax assets and liabilities are as follows at December 31, 2015, 2016, 2017, 2018 and 2019, using a combined deferred income tax rate of 40% for 2015 and 2016 and 28% for 2017, 2018 and 2019:

 

The provisions for income taxes for the years ended December 31, 2019 and 2018 through 2016 are as follows:

 

    2019   2018   2017   2016   2015
Current:                    
Federal   $ (265,000 )   $ (418,000 )   $ (127,000 )   $ 110,000     $ (319,000 )
State     (123,000 )     (193,000 )     (36,000 )     31,000          
Deferred:                                        
Federal     (1,992,000 )     (1,111,000 )     (241,000 )     129,000       140,000  
State     (920,000 )     (513,000 )     (69,000 )     37,000          
Change in Valuation Allowance     3,300,000       2,235,000       473,000       (307,000 )     179,000  
Provision for income taxes   $ —       $ —       $ —       $ —       $ —    

 

A reconciliation of the federal statutory tax rate to the effective tax rate is as follows:

 

    2019   2018   2017   2016   2015
Federal statutory rate     21 %     21 %     21 %     34 %     34  %
State, net of federal tax benefit     6.98 %     6.98 %     6.98 %     5.83 %      5.83 %
Effect of permanent differences                                        
State return to provision                                        
Change in valuation allowance     -28 %     -28 %     -28 %     -40 %     -40  %
Effective tax rate     —         —         —         —         —    

 

The company uses the asset-liability method of computing deferred taxes in accordance with FASB ASC Topic 740.

 

The difference between the effective tax rate and the statutory tax rates is due primarily to the impact of the valuation allowance resulting in zero tax provision being recorded.

 

Tax law changes enacted in 2018 reduced the statutory federal rate from 34% to 21%. The deferred tax asset has been reduced to reflect the newly enacted rate, and was equally offset by the change in valuation allowance.

 

At December 31, 2019 and 2018 through 2015, the deferred income tax assets consisted of the following:

 

    2019   2018   2017   2016   2015
Deferred tax assets:   $ 14,563,000     $ 11,263,000     $ 9,028,000     $ 8,555,000     $ 8,862,000  
Less: Valuation Allowance     (14,563,000 )     (11,263,000 )     (9,028,000 )     (8,555,000 )     (8,862,000 )
Net deferred income taxes   $ —       $ —       $ —       $ —       $ —    

 

Deferred income taxes arise from temporary differences between the tax basis of assets and liabilities and their reported amounts in the financial statements, which will result in taxable or deductible amounts in the future. The majority of the balance is due deferred compensation, share based payments, the fair value of derivatives, and to continued losses resulting in NOL carryforwards, which may not be realized in future periods. As such, the company has recorded a 100% valuation allowance against the deferred tax assets.

 

At December 31, 2019 and 2018 through 2015, the deferred income tax assets consisted of the following temporary differences:

 

    2019   2018   2017   2016   2015
Net operating losses   $ 8,530,000     $ 8,140,000     $ 7,529,000     $ 7,366,000     $ 7,507,000  
Share based compensation     269,000       107,000       87,000       73,000       483,000  
Accrued payroll     1,631,000       1,359,000       1,412,000       1,116,000       830,000  
Impairment     —         —         —         —         42,000  
Derivative Liability     4,132,000       1,656,000       —         —         —    
Total deferred tax assets     14,562,000       11,262,000       9,028,000       8,555,000       8,862,000  
Less: Valuation allowance     (14,562,000 )     (11,262,000 )     (9,028,000 )     (8,555,000 )     (8,862,000 )
    $ —       $ —       $ —       $ —       $ —    

 

At December 31, 2019 through 2015, the Company has federal net operating loss carryforwards of approximately:

 

    2019   2018   2017   2016   2015
Net operating losses   $ 21,152,000     $ 19,765,000     $ 17,579,000     $ 17,169,000     $ 17,523,343  

 

Net operating losses begin to expire in the year ending 2021 through 2029.

 

Inasmuch as it is not possible to determine when or if the net operating losses will be utilized, a valuation allowance has been established to offset the benefit of the utilization of the net operating losses.

 

As of December 31, 2019, the Company had available net operating losses of approximately $21.2 million which can be utilized to offset future earnings of the Company. The utilization of the net operating losses is dependent upon the tax laws in effect at the time such losses can be utilized. The loss carryforwards expire between the years 2021 and 2037. Should the Company experience a significant change of ownership, the utilization of net operating losses could be reduced.

 

The Company and its subsidiaries file tax returns in the U.S. Federal jurisdiction and, in the state of California. The Company is no longer subject to U.S. federal tax examinations for tax years before and including December 31, 2015. The Company is no longer subject to examination by state tax authorities for tax years before and including December 31, 2015. During the years ended December 31, 2016, 2017, 2018 and 2019, the Company did not recognize interest and penalties.