Entity information:

Note 12 - Income Taxes

 

The Company’s policy is to record interest and penalties on uncertain tax positions as a component of income tax expense. As of December 31, 2017, the Company has not incurred any interest or penalties relating to uncertain tax positions.

 

The Company’s evaluation was performed for the tax years ending December 31, 2016, 2015 and 2014, which remain subject to examination by major tax jurisdictions as of December 31, 2017. The Company does not have any tax years that are no longer subject to U.S. federal, state, and local, or non-US income tax examinations.

 

For the years ended December 31, 2017 and 2016, the Company has incurred net losses and, therefore, has no current income tax liability and recognized no income tax expense. The net deferred tax asset generated by these losses, which principally consist of start-up costs deferred for income tax purposes, is fully reserved as of December 31, 2017 and 2016 since it is more likely than not that the benefit will not be realized in future periods.

 

A reconciliation of the statutory federal income tax expense (benefit) to the effective tax is as follows:

 

    2017     2016  
Statutory rate – federal     21.0 %     34.0 %
State taxes, net of federal benefit     4.0       4.0  
                 
Income tax benefit     25.0 %     38.0 %
Less valuation allowance     (25.0 )     (38.0 )
Total     0.00 %     0.00 %

 

Our financial statements contain certain deferred tax assets which have arisen primarily as a result of tax benefits associated with the loss before income taxes incurred, as well as net deferred income tax assets resulting from other temporary differences related to certain reserves and differences between book and tax depreciation and amortization. We record a valuation allowance against our net deferred tax assets when we determine that based on the weight of available evidence, it is more likely than not that our net deferred tax assets will not be realized.

 

In our evaluation of the weight of available evidence, we considered recent reported losses as negative evidence which carried substantial weight. Therefore, we considered evidence related to the four sources of taxable income, to determine whether such positive evidence outweighed the negative evidence associated with the losses incurred. The positive evidence considered included:

 

  taxable income in prior carryback years, if carryback is permitted under the tax law;
     
  future reversals of existing taxable temporary differences;
     
  tax planning strategies; and
     
  future taxable income exclusive of reversing temporary differences and carryforwards.

 

During fiscal 2017 and 2016, we weighed all available positive and negative evidence and concluded the weight of the negative evidence of a cumulative loss continued to outweigh the positive evidence. Based on the conclusions reached, we maintained a full valuation allowance during 2017 and 2016.

 

Deferred tax assets and liabilities consist of the following at December 31:

 

    2017     2016  
Deferred Tax Assets:                
Start-up costs   $ 5,566,520     $ 5,738,469  
Share-based compensation     238,109       203,761  
Total Deferred Tax Assets     5,804,629       5,942,230  
Valuation Allowance     (5,804,629 )     (5,942,230 )
Net Deferred Tax Asset   $     $  

 

The Company is required to file federal income tax returns and state income tax returns in the states of Florida, Georgia and Minnesota. There are no uncertain tax positions at December 31, 2017. The Company has not undergone any tax examinations since inception and is therefore not subject to examination by any applicable tax authorities.