The provision for income tax expense (benefit) consists of the following:
| Fiscal Years Ended August 31, | ||||||||
| 2016 | 2015 | |||||||
| Current | ||||||||
| Federal | $ | | $ | | ||||
| State and local | | | ||||||
| Total current income tax expense | | | ||||||
| Deferred | ||||||||
| Federal | $ | (274,831 | ) | $ | (389,634 | ) | ||
| State and local | (84,563 | ) | (119,887 | |||||
| Valuation allowance | 359,394 | 509,521 | ||||||
| Total deferred income tax expense | | | ||||||
| Total income tax expense | $ | | $ | | ||||
The following table presents a reconciliation of the statutory federal rate and the Companys effective tax rate for the periods presented.
|
Fiscal Year Ended August 31, |
||||||||
| 2016 | 2015 | |||||||
| U.S. federal taxes at statutory rate | 34 | % | 34 | % | ||||
| State taxes, net of federal benefit | 6 | 6 | ||||||
| Permanent differences | (8 | ) | (19 | ) | ||||
| Change in valuation allowance | (32 | ) | (21 | ) | ||||
| Change in rate | | | ||||||
| Other | | | ||||||
| Effective tax rate | - | % | - | % | ||||
As of August 31, 2016, the Company had federal net operating loss carryforwards of approximately $3.5 million. The federal net operating losses and tax credits expire in years beginning in 2021. As of August 31, 2016, the Company had state net operating loss carryforwards of approximately $3.5 that expire in years beginning in 2021. Under Section 382 and 383 of the Internal Revenue Code of 1986, as amended, or the Code, if a corporation undergoes an ownership change, the corporations ability to use its pre-change net operating loss carryforwards and other pre-change tax attributes, such as research tax credits, to offset its post-change income may be limited. In general, an ownership change will occur if there is a cumulative change in our ownership by 5-percent shareholders that exceeds 50 percentage points over a rolling three-year period. Similar rules may apply under state tax laws. The Company has previously experienced ownership changes under section 382 of the Code and comparable state tax laws. The Company estimates that none of the federal and state pre-change net operating losses will be limited under Section 382 of the Code.
As of August 31, 2016 and 2015, the Company maintained a full valuation allowance on its net deferred tax assets. The valuation allowance was determined in accordance with the provisions of ASC 740, Accounting for Income Taxes, which requires an assessment of both positive and negative evidence when determining whether it is more likely than not that deferred tax assets are recoverable. Such assessment is required on a jurisdiction by jurisdiction basis. The Companys history of cumulative losses, along with expected future U.S. losses required that a full valuation allowance be recorded against all net deferred tax assets. The Company intends to maintain a full valuation allowance on net deferred tax assets until sufficient positive evidence exists to support reversal of the valuation allowance.
The Company files income tax returns in the United States and California. The 2013 - 2016 tax years remain subject to examination for U.S. federal and state purposes. All net operating losses and tax credits generated to date are subject to adjustment for U.S. federal and state purposes. The Company is not currently under examination in federal or state jurisdictions.