Entity information:

NOTE 11 - INCOME TAXES

 

We account for income taxes under ASC 740, "Expenses - Income Taxes". ASC 740 requires the recognition of deferred tax assets and liabilities for both the expected impact of differences between the financial statements and the tax basis of assets and liabilities, and for the expected future tax benefit to be derived from tax losses and tax credit carry forwards. ASC 740 additionally requires the establishment of a valuation allowance to reflect the likelihood of realization of deferred tax assets.

 

Our subsidiaries in the PRC are governed by the Income Tax Law of the People's Republic of China concerning Foreign Investment Enterprises and Foreign Enterprises and local income tax laws (the PRC Income Tax Law"). Pursuant to the PRC Income Tax Law, our PRC subsidiaries are subject to tax at a maximum statutory rate of 25% (inclusive of state and local income taxes).

 

The components of loss before income tax consisted of the following:

 

Fiscal Years Ended April 30,

2017

2016

U.S. Operations

  $   (1,826,809)

  $   (1,345,518)

Chinese Operations

        (2,071,215)

       (3,446,085)

Total

  $   (3,898,024)

  $   (4,791,603)

 

The table below summarizes the reconciliation of our income tax provision (benefit) computed at the statutory U.S. Federal rate and the actual tax provision:

 

 

Fiscal Years Ended April 30,

 

2017

2016

Income tax benefit at federal statutory rate

   $    (1,211,991)

$    (1,629,145)

State income taxes, net of federal benefit

            (269,258)

          (191,664)

Valuation allowances

          1,481,249 

         1,826,072 

     Tax provision

   $                     0 

$             5,263 

 

We have a net operating loss ("NOL") carry forward for U.S. income tax purposes aggregating approximately $11,127,000 at April 30, 2017 expiring through the tax year 2036, subject to the Internal Revenue Code Section 382, which places a limitation on the amount of taxable income that can be offset by net operating losses after a change in ownership. In addition, to U.S. NOL's, we have a PRC NOL for our Chinese operations as of April 30, 2017 of approximately $21,119,000, that expires in 2022.

 

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Included in the deferred tax asset is the aforementioned NOL and the tax benefit associated with the issuance of stock-based compensation. The realization of the deferred tax assets is dependent on future taxable income, in addition to the exercise of stock options; we are not able to predict if such future taxable income will be more likely than not sufficient to utilize the benefit. As such, we do not believe the benefit is more likely than not to be realized and we recognize a full valuation allowance for those deferred tax assets. Our deferred tax assets as of April 30, 2017 and 2016 are as follows:

 

 

Fiscal Years Ended April 30,

 

2017

2016

Deferred tax assets from NOL carry forwards

   $     9,516,000 

$    8,304,000 

Total deferred tax asset

          9,516,000 

       8,304,000 

Valuation allowance

         (9,516,000)

      (8,304,000)

Deferred tax asset, net of allowance

   $                     0 

$                    0