(6) Income Taxes
The Company records deferred tax liabilities and assets for the expected future tax consequences of events that have been included in the consolidated financial statements or tax returns. Under this method, deferred tax liabilities and assets are determined based on the difference between the consolidated financial statement and tax basis of assets and liabilities using enacted tax rates in effect for the year in which the differences are expected to reverse.
The provision of income taxes consists of the following for the years ended December 31, 2017 and 2016:
| December 31, | ||||||||
| 2017 | 2016 | |||||||
| Current: | ||||||||
| Federal | $ | (206,031 | ) | $ | 26,665 | |||
| State | (17,446 | ) | - | |||||
| Total current | (223,477 | ) | 26,665 | |||||
| Deferred: | ||||||||
| Federal | - | 95,061 | ||||||
| State | - | - | ||||||
| Total deferred | - | 95,061 | ||||||
| Income tax (benefit) expense | $ | (223,477 | ) | $ | 121,726 | |||
Deferred tax assets and liabilities consisted of the following as of December 31, 2017 and 2016:
| December 31, | ||||||||
| 2017 | 2016 | |||||||
| Deferred tax assets (liabilities): | ||||||||
| Compensation accruals | $ | - | $ | 7,183 | ||||
| Investments in flow through entities | - | 12,432 | ||||||
| Bad debt reserve | - | 22,233 | ||||||
| Prepaid expenses | (329 | ) | (1,690 | ) | ||||
| Fixed assets | 985 | (35 | ) | |||||
| Unrealized losses | 7,397 | 76,764 | ||||||
| Interest payable - related party | - | 22,581 | ||||||
| Other | - | (609 | ) | |||||
| Equity / option compensation | - | - | ||||||
| Accumulated OCI | - | - | ||||||
| Net operating loss carryforwards | 41,634 | 23,442 | ||||||
| Total deferred tax asset | 49,687 | 162,301 | ||||||
| Total deferred tax assets (liabilities) | 49,687 | 162,301 | ||||||
| Valuation allowance | (49,687 | ) | (162,301 | ) | ||||
| Net deferred tax assets (liabilities) | $ | - | $ | - | ||||
The expense or benefit for income taxes differs from the amount computed by applying the U.S. federal income tax rate of 34% for 2017 and 2016 to income or loss before income taxes as follows for the years ended:
| 2017 | 2016 | |||||||
| U.S. federal income tax expense\(benefit) at statutory rates | $ | (99,271 | ) | $ | (10,283 | ) | ||
| Permanent differences | 25 | (3,722 | ) | |||||
| State income tax expense\(benefit), net of federal impact | (24,901 | ) | - | |||||
| Effect of Change in Estimated Federal Rate from 34% to actual graduated rate | 10,673 | 4,868 | ||||||
| Other | (1,635 | ) | 3,455 | |||||
| Impact of current period enactment of tax legislation | 4,246 | - | ||||||
| Change in valuation allowance related to enactment of tax legislation | (4,246 | ) | - | |||||
| Change in valuation allowance | (108,368 | ) | 127,408 | |||||
| $ | (223,477 | ) | $ | 121,726 | ||||
The Tax Cuts and Jobs Act ("Tax Act") was signed into law on December 22, 2017. The Tax Act includes significant changes to the U.S. corporate income tax system, including a Federal corporate rate reduction from the maximum rate of 35% to 21%; limitations on the deductibility of interest expense and executive compensation; eliminating the corporate alternative minimum tax (AMT) and changing how existing AMT credits can be realized; changing the rules related to uses and limitations of net operating loss carryforwards created in tax years beginning after December 31, 2017; and, the transition of U.S. international taxation from a worldwide tax system to a territorial tax system.
The Company uses the asset and liability method of accounting for income taxes. Under this method, deferred tax assets and liabilities are recognized for the future tax consequences attributable to differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax basis. Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to reverse. As a result of the reduction in the federal tax rate, the Company is required to revalue its ending net deferred tax liabilities/assets as of December 31, 2017, and alter the ending valuation allowance on the net deferred tax assets accordingly.
As of December 31, 2016, the Company had a state net operating loss carryforward of $1,138,269 which will expire in the tax years 2031 - 2037 if not utilized."Under the provisions of the Internal Revenue Code, substantial changes in the Company's ownership may result in limitations on the amount of NOL carryforwards that can be utilized in future years.
The Company has provided a full valuation allowance against its deferred tax assets as it has determined that it is not more likely than not that recognition of such deferred tax assets will be utilized in the foreseeable future. The amount of income taxes and related income tax positions taken are subject to audits by federal and state tax authorities. The Company has adopted accounting guidance for uncertain tax positions which provides that in order to recognize an uncertain tax benefit, the taxpayer must be more likely than not of sustaining the position, and the measurement of the benefit is calculated as the largest amount that is more than 50% likely to be realized upon recognition of the benefit. The Company believes that it has no material uncertain tax positions and has fully reserved against the Company's future tax benefit with a valuation allowance and does not expect significant changes in the amount of unrecognized tax benefits to occur within the next twelve months. The Company's policy is to record a liability for the difference between benefits that are both recognized and measured pursuant to GAAP and tax positions taken or expected to be taken on the tax return. Then, to the extent that the assessment of such tax positions changes, the change in estimate is recorded in the period in which the determination is made. The Company reports tax-related interest and penalties as a component of income tax expense. No interest or penalties have been assessed for the years ending December 31, 2017 and 2016. During the periods reported, management of the Company has concluded that no significant tax position requires recognition. The Company files income tax returns in the United States federal, Colorado and several other state jurisdictions. Net operating loss carryforwards are subject to examination in the year they are utilized regardless of whether the tax year in which they are generated has been closed by statute. The amount subject to disallowance is limited to the NOL utilized. Accordingly, the Company may be subject to examination for prior NOLs generated as such NOLs are utilized.