Total income tax expense differed from the amounts computed by applying the U.S. Federal and state income tax rate before income tax expense as a result of the NOL carry forward. Therefore, the Company’s effective tax rate is 0.0%. The Company files income tax returns in the United States (“Federal”) and California (“State”) jurisdictions. The Company is subject to Federal and State income tax examinations by tax authorities for all years since its inception.
At June 30, 2017, the Company had Federal and State net operating loss carry forwards available to offset future taxable income of approximately $10 million. These carry forwards will begin to expire in the year ending June 30, 2018 through 2023, subject to IRS limitations, including change in ownership.
The Company periodically evaluates the likelihood of the realization of deferred tax assets, and adjusts the carrying amount of the deferred tax assets by a valuation allowance to the extent the future realization of the deferred tax assets is not judged to be more likely than not. The Company considers many factors when assessing the likelihood of future realization of our deferred tax assets, including recent cumulative earnings experience by taxing jurisdiction, expectations of future taxable income or loss, the carry-forward periods available to us for tax reporting purposes, and other relevant factors.
At June 30, 2017, based on the weight of available evidence, including cumulative losses in recent years and expectations of future taxable income, the Company determined that it was more likely than not that its deferred tax assets of approximately $4.4 million would not be realized. Accordingly, the Company has recorded a valuation allowance for 100% of its cumulative deferred tax assets. The components of our deferred tax assets are as follows.
| June 30, | June 30, | |||||||
| 2017 | 2016 | |||||||
| Net Operating loss carryforwards | $ | 4,118,000 | $ | 3,585,000 | ||||
| Stock compensation expense | 957,000 | 725,000 | ||||||
| Amortization of Patents | 69,000 | 58,000 | ||||||
| Reserve for Obsolete Inventory | 68,000 | 68,000 | ||||||
| Total net deferred tax assets | 5,212,000 | 4,436,000 | ||||||
| Less valuation discount | (5,212,000 | ) | (4,436,000 | ) | ||||
| Net deferred tax assets | $ | – | $ | – | ||||
A reconciliation of the difference between the expense and income taxes as the statutory US federal income tax are as follows:
| June 30, | June 30, | |||||||
| 2017 | 2016 | |||||||
| Federal statutory rate | (34 | )% | 34% | |||||
| State income taxes | (7 | )% | 7% | |||||
| Net operating loss/carryforward | 41% | (41 | )% | |||||
| Income tax provision | – | – | ||||||
As a result of the implementation of certain provisions of ASC 740-10, the Company performed an analysis of its previous tax filings and determined that there were no positions taken that it considered uncertain. Therefore, there were no unrecognized tax benefits as of June 30, 2017.
Future changes in the unrecognized tax benefit are not expected to have an impact on the effective tax rate due to the existence of the valuation allowance. The Company estimates that the unrecognized tax benefit will not change within the next twelve months. The Company will continue to classify income tax penalties and interest, if any, as part of interest and other expenses in its consolidated statements of operations. There is no interest or penalties accrued as of June 30, 2017.
The following summarizes the open tax years for each major jurisdiction:
| Jurisdiction | Open Tax Years | ||
| Federal | 2013 - 2017 | ||
| California | 2012 - 2017 |
The Company’s net operating loss carry forwards are subject to IRS examination until they are utilized and such tax years are closed.