Entity information:

7.  INCOME TAXES

 

Deferred income taxes are reported using the liability method.  Deferred tax assets are recognized for deductible temporary differences and deferred tax liabilities are recognized for taxable temporary differences.  Temporary differences are the differences between the reported amounts of assets and liabilities and their tax bases.  Deferred tax assets are reduced by a valuation allowance when, in the opinion of management, it is more likely than not that some portion or all of the deferred tax assets will not be realized.  Deferred tax assets and liabilities are adjusted for the effects of changes in tax laws and rates on the date of enactment.  Current year and accumulated deferred tax benefit at the effective Federal income tax rate of 34% is $30,061,431 (in addition to the pre-acquisition annual limitation carry-forward discussed in the following paragraph), and a valuation allowance has been set up for the full amount because of the unlikelihood that the accumulated deferred tax benefit will be realized in the future.

 

At December 31, 2016 and 2015, the Company had available federal and state net operating loss (NOL) carryforwards amounting to approximately $88,100,000 and $78,500,000, respectively, that are available to offset future federal and state taxable income and that expire in various periods through 2035 for federal tax purposes and 2020 for state tax purposes.  No benefit has been recorded for the loss carryforwards, and utilization in future years may be limited under Sections 382 and 383 of the Internal Revenue Code if significant ownership changes have occurred or from future tax legislation changes.  

 

The following table sets forth the significant components of the net deferred tax assets for operations in the US as of December 31, 2016 and 2015. 

 

   2016  2015
Deferred tax assets:          
   NOL expense (benefit)  $(30,061,431)  $(26,699,209)
   Add: timing difference on unrealized losses   (38,208)     
   Total NOL expense (benefit)   (30,099,639)   (26,699,209)
   Less: valuation allowance   30,099,639    26,699,209 
Net deferred tax assets  $—     $—   

 

A reconciliation of income tax expense at the statutory federal rate of 34% to income tax expense at the Company's effective tax rate for the years ended December 31, 2016 and 2015 is as follows:

 

   2016     2015   
Income tax expense (benefit) at                    
     statutory federal rate   (3,362,222)   34%   (6,331,250)   34%
Increase in valuation allowance   3,362,222    -34%   6,331,250    -34%
Income tax expense (benefit) at                    
     Company's effective tax rate   —      0%   —      0%