8. INCOME TAXES
The Company files income tax returns in the U.S. Federal jurisdiction, and the state of California. With few exceptions, the Company is no longer subject to U.S. federal, state and local, or non-U.S. income tax examinations by tax authorities for years before 2013.
Deferred income taxes have been provided by temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for tax purposes. To the extent allowed by GAAP, we provide valuation allowances against the deferred tax assets for amounts when the realization is uncertain. Included in the balance at December 31, 2016 and 2015, are no tax positions for which the ultimate deductibility is highly certain, but for which there is uncertainty about the timing of such deductibility. Because of the impact of deferred tax accounting, other than interest and penalties, the disallowance of the shorter deductibility period would not affect the annual effective tax rate but would accelerate the payment of cash to the taxing authority to an earlier period.
The Company's policy is to recognize interest accrued related to unrecognized tax benefits in interest expense and penalties in operating expenses. During the periods ended December 31, 2016 and 2015, the Company did not recognize interest and penalties.
At December 31, 2016, the Company had net operating loss carry-forwards of approximately $31,163,800, which expire at dates that have not been determined. No tax benefit has been reported in the December 31, 2016 financial statements since the potential tax benefit is offset by a valuation allowance of the same amount.
The income tax provision differs from the amount of income tax determined by applying the U.S. federal and state income tax rate to pretax income from continuing operations for the years ended December 31, 2016 and 2015 due to the following:
| 2016 | 2015 | ||||||||
| Book loss | $ | (1,658,300 | ) | $ | (4,646,020 | ) | |||
| Tax to book differences for deductible expenses | (16,300 | ) | 21,920 | ||||||
| Tax non deductible expenses | 919,200 | 2,926,750 | |||||||
| Valuation Allowance | 755,400 | 1,697,350 | |||||||
| Income tax expense | $ | - | $ | - | |||||
Deferred taxes are provided on a liability method whereby deferred tax assets are recognized for deductible differences and operating loss and tax credit carry-forwards and deferred tax liabilities are recognized for taxable temporary differences. Temporary differences are the difference between the reported amounts of assets and liabilities and their tax bases. Deferred tax assets are reduced by a valuation allowance when, in the opinion of management, it is more likely than not that some portion or all of the deferred tax assets will not be realized. Deferred tax assets and liabilities are adjusted for the effects of changes in tax laws and rates on the date of enactment.
Net deferred tax liabilities consist of the following components as of December 31,
| 2016 | 2015 | ||||||||
| Deferred tax assets: | |||||||||
| NOL carryover | $ | 12,465,500 | $ | 11,838,190 | |||||
| Other carryovers | 379,100 | 757,030 | |||||||
| Deferred tax liabilites: | |||||||||
| Depreciation | (24,600 | ) | 830 | ||||||
| Less Valuation Allowance | (12,820,000 | ) | (12,596,050 | ) | |||||
| Net deferred tax asset | $ | - | $ | - | |||||
Due to the change in ownership provisions of the Tax Reform Act of 1986, net operating loss carry-forwards for Federal income tax reporting purposes are subject to annual limitations. Should a change in ownership occur, net operating loss carry-forwards may be limited as to use in future years.