NOTE 8 - Income Taxes
Income tax expense (benefit) for the years ended December 31, 2017, 2016 and 2015 consisted of the following:
| 2017 | 2016 | 2015 | |||||||||||
| Current: | |||||||||||||
| Federal | $ | 3,033 | $ | (884,000 | ) | $ | 884,000 | ||||||
| State | 800 | 800 | 800 | ||||||||||
| Foreign | 4,686 | - | - | ||||||||||
| Total | $ | 8,519 | $ | (883,200 | ) | $ | 884,800 | ||||||
The following table presents a reconciliation of the income tax at statutory tax rate and the Company’s income tax at effective tax rate for the years ended December 31, 2017, 2016 and 2015.
| 2017 | 2016 | 2015 | |||||||||||
| Tax expense (benefit) at statutory rate | $ | (2,292,820 | ) | $ | (1,158,300 | ) | $ | 987,000 | |||||
| Prepayment from related parties | - | (286,300 | ) | 286,300 | |||||||||
| Net operating loss carryforwards (NOLs) | 1,760,600 | 717,600 | (345,000 | ) | |||||||||
| Stock-based compensation expense | 594,800 | 8,000 | - | ||||||||||
| Amortization expense | (11,200 | ) | (168,300 | ) | (28,100 | ) | |||||||
| Others | (42,861 | ) | 4,100 | (15,400 | ) | ||||||||
| Tax (benefit) at effective tax rate | $ | 8,519 | $ | (883,200 | ) | $ | 884,800 | ||||||
Deferred tax assets (liability) as of December 31, 2017 and 2016 consist of:
| 2017 | 2016 | ||||||||
| Net operating loss carryforwards (NOLs) | $ | 2,057,000 | $ | 519,000 | |||||
| Stock-based compensation expense | 489,000 | 8,000 | |||||||
| Accrued expenses and unpaid payable | 443,000 | 35,000 | |||||||
| Tax credit carryforwards | 68,000 | 63,000 | |||||||
| Excess of tax amortization over book amortization | (658,000 | ) | (230,000 | ) | |||||
| 2,399,000 | 395,000 | ||||||||
| Valuation allowance | (2,399,000 | ) | (395,000 | ) | |||||
| Net | $ | - | $ | - | |||||
Management does not believe the deferred tax assets will be utilized in the near future; therefore, a full valuation allowance is provided. The net change in deferred tax assets valuation allowance was an increase of $2,004,000, $9,000 and $371,000 for the years ended December 31, 2017, 2016 and 2015, respectively. As a result of the Tax Cuts and Jobs Act signed into law in December 2017, the U.S. federal corporate income tax rate is reduced to 21 percent, effective January 1, 2018. Consequently, the Company has recorded a decrease related to its deferred tax assets of $48,000. Since the Company reserved full valuation allowance to its deferred tax assets, there was no impact on income tax expense for the year ended December 31, 2017.
As of December 31, 2017, the Company had federal NOLs and State NOLs of approximately $6,686,000 and $7,897,000, respectively, available to reduce future federal and state taxable income, expiring in 2037.
As of December 31, 2016, the Company has Japan NOLs of approximately $326,000 available to reduce future Japan taxable income, expiring in 2019.
As of December 31, 2017, the Company had approximately $37,000 of federal research and development tax credit, available to offset future federal income tax. The credit begins to expire in 2034 if not utilized. As of December 31, 2017, the Company had approximately $39,000 of California state research and development tax credit available to offset future California state income tax. The credit can be carried forward indefinitely.
The Company’s ability to utilize its federal and state NOLs to offset future income taxes is subject to restrictions resulting from its prior change in ownership as defined by Internal Revenue Code Section 382. The Company does not expect to incur the limitation on NOLs utilization in future annual usage.