NOTE 11 – INCOME TAXES
The Company has not recognized an income tax benefit for its operating losses generated based on uncertainties concerning its ability to generate taxable income in future periods. The tax benefit for the periods presented is offset by a valuation allowance established against deferred tax assets arising from the net operating losses and other temporary differences, the realization of which could not be considered more likely than not. In future periods, tax benefits and related deferred tax assets will be recognized when management considers realization of such amounts to be more likely than not. As of December 31, 2016, the Company had a loss and for the period April 29, 2008 (date of inception) through December 31, 2016. The net operating losses resulting from operating activities result in deferred tax assets of approximately $23,552,000 at the effective statutory rates which will expire by the year 2033. The deferred tax asset has been offset by an equal valuation allowance. There are no current or deferred income tax expense or benefit recognized for the years ended December 31, 2016 and 2015.
A reconciliation of income taxes computed at the United States federal statutory income tax rate to the provision for income taxes for the years ended December 31, 2016 and 2015 is as follows:
| 2016 | 2015 | |||||||
| Federal statutory rates | $ | 786,859 | $ | (5,074,386 | ) | |||
| State income taxes, net of federal effect | 118,376 | (763,397 | ) | |||||
| Gain on discontinued operations | (1,658,314 | ) | - | |||||
| Other permanent differences | (2,296 | ) | 88,259 | |||||
| Valuation allowance against net deferred tax assets | 755,375 | 5,749,524 | ||||||
| $ | - | $ | - | |||||
The tax effects of temporary differences that give rise to significant portions of the deferred tax asset at December 31, 2016 and 2015 is as follows:
| 2016 | 2015 | |||||||
| Deferred income tax assets: | ||||||||
| Net operation loss carryforwards | 1,618,174 | 1,494,954 | ||||||
| Property, equipment and intangibles | 1,635,587 | 1,635,587 | ||||||
| Share-based compensation | 20,015,035 | 19,382,880 | ||||||
| Book to tax differences for allowance for uncollectible accounts | 283,658 | 283,658 | ||||||
| Total deferred income tax assets | 23,552,454 | 22,797,079 | ||||||
| Less: valuation allowance | (23,552,454 | ) | (22,797,079 | ) | ||||
| Total deferred income tax asset | $ | - | $ | - | ||||
The valuation allowance increased by $755,375 and $5,749,524 in 2016 and 2015, respectively, as a result of the Company’s generating additional net operating losses.
The Company has recorded as of December 31, 2016 and 2015 a valuation allowance of $23,552,454 and $22,797,079, respectively; as management believes that it is more likely than not that the deferred tax assets will not be realized in future years. Management has based its assessment on the Company’s lack of profitable operating history.
The Company annually conducts an analysis of its tax positions and has concluded that it had no uncertain tax positions as of December 31, 2016.
The Company has net operating loss carry-forwards of approximately $3,900,000. Such amounts are subject to IRS code section 382 limitations and begin to expire in 2033. The 2015 and 2016 tax years are still subject to audit.