5. INCOME TAXES
The Company’s book losses and other timing differences result in a net deferred income tax benefit which is offset by a valuation allowance for a net deferred asset of zero. The Company has concluded, in accordance with the applicable accounting standards, that it is more likely than not that the Company may not realize the benefit of all of its deferred tax assets. Accordingly, management has provided a 100% valuation allowance against its deferred tax assets until such time as management believes that its projections of future profits as well as expected future tax rates make the realization of these deferred tax assets more-likely-than-not. Significant judgment is required in the evaluation of deferred tax benefits and differences in future results from our estimates could result in material differences in the realization of these assets. The Company has recorded a full valuation allowance related to all of its deferred tax assets. The Company has performed an assessment of positive and negative evidence regarding the realization of the net deferred tax asset in accordance with FASB ASC 740-10, “Accounting for Income Taxes.” This assessment included the evaluation of scheduled reversals of deferred tax liabilities, the availability of carry forwards and estimates of projected future taxable income. The availability of the Company’s net operating loss carry forwards is subject to limitation if there is a 50% or more change in the ownership of the Company’s stock. The provision for income taxes consists of the state minimum tax imposed on corporations of $800. The Company has adopted guidance issued by the FASB that clarifies the accounting for uncertainty in income taxes recognized in an enterprise’s financial statements and prescribes a recognition threshold of more likely than not and a measurement process for financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. In making this assessment, a company must determine whether it is more likely than not that a tax position will be sustained upon examination, based solely on the technical merits of the position and must assume that the tax position will be examined by taxing authorities. The Company’s policy is to include interest and penalties related to unrecognized tax benefits in income tax expense. The Company has not recognized any unrecognized tax benefits and does not have any interest or penalties related to uncertain tax positions as of December 31, 2015 or December 31, 2016.
As of December 31, 2016, the Company estimated it had available gross net operating loss (NOL) carry forwards of approximately $18.665 million, which expire at various dates through 2037.
The components of the net deferred income taxes at December 31, 2015 and 2016 are summarized below:
| December 31, 2015 | December 31, 2016 | |||||||
| Deferred income tax assets | ||||||||
| Net operating loss carry forwards | $ | 18,400,000 | $ | 18,665,000 | ||||
| Less: valuation allowance | (18,400,000 | ) | (18,665,000 | ) | ||||
| Deferred income tax assets, net | $ | - | $ | - | ||||
The following is a reconciliation of the provision for income taxes at the U.S. federal income tax rate to the income taxes reflected in the Statement of Operations:
| December 31, 2015 | December 31, 2016 | |||||||
| Tax expense (benefit) at federal statutory rate | (34 | )% | (34 | )% | ||||
| State tax expense, net of federal tax | (6 | ) | (6 | ) | ||||
| Changes in valuation allowance | 40 | 40 | ||||||
| Effective income tax rate | $ | - | $ | - | ||||
Income tax expense for the period ended December 31, 2015 and the year ended December 31, 2016 is summarized below.
| 2015 | 2016 | |||||||
| Current tax expense: | ||||||||
| Federal | $ | - | $ | - | ||||
| State | 800 | 800 | ||||||
| Total current tax expense | $ | 800 | $ | 800 | ||||
| Deferred tax expense: | ||||||||
| Federal | $ | - | $ | - | ||||
| State | - | - | ||||||
| Total deferred tax expense, net | $ | - | $ | - | ||||
| Tax expense | $ | 800 | $ | 800 | ||||