Note 7 - Income Taxes
There was no current or deferred income tax expense (benefit) for the years ended December 31, 2017 and December 31, 2016.
The following table sets forth a reconciliation of the provision for income taxes to the statutory federal rate:
| Year Ended December 31, | ||||||||
| 2017 | 2016 | |||||||
| Statutory tax rate | 35.00 | % | 35.00 | % | ||||
| State tax rate, net of federal tax | 2.01 | % | 1.78 | % | ||||
| Other permanent items | 0.00 | % | 0.00 | % | ||||
| Change in valuation allowance | (37.01 | )% | (36.78 | )% | ||||
| Effective tax rate | 0.00 | % | 0.00 | % | ||||
Significant components of the deferred tax assets and liabilities are as follows:
| Year Ended December 31, | ||||||||
| 2017 | 2016 | |||||||
| Non-current deferred tax asset: | ||||||||
| Oil and gas costs and long-lived assets | $ | 4,764,420 | $ | 11,500,697 | ||||
| Derivative instruments | — | — | ||||||
| Net operating loss carry-forward | 21,547,347 | 35,815,113 | ||||||
| Valuation allowance | (26,311,767 | ) | (47,315,809 | ) | ||||
| Net deferred tax asset (liability) | $ | — | $ | — | ||||
On December 22, 2017, the Tax Cuts and Jobs Act (TCJA) was signed into law. The TCJA, among other things, includes the reduction of the federal tax rate for corporations from 35% to 21% and changes or limits certain tax deductions including the utilization of net operating losses. Under generally accepted accounting principles, the Company is required to revalue its deferred tax assets and liabilities during the period in which the new tax legislation is enacted. The impact of TCJA resulted in a decrease in the Company's deferred tax assets in the amount of $18 million. However, there is no impact of the revaluation to the current net income because it was fully offset by the release of the valuation allowance that was previously recorded against the deferred tax asset.
At December 31, 2017, we have a net operating loss carry forward of approximately $93 million expiring in 2021-2038 that is subject to certain limitations on an annual basis. Such limitation has not been determined, by Management. Management has determined that a 100% valuation allowance be established against net operating losses where it is more likely than not that such losses will expire or will not be available before they are utilized.
The Company incurred a change of control as defined by the Internal Revenue Code (IRC 382). Accordingly, the rules will limit the utilization of the Company’s net operating losses. The limitation is determined by multiplying the value of the stock immediately before the ownership change by the applicable long-term exempt rate. It is estimated that approximately $40.9 million of net operating losses may be subject to an annual limitation. Any unused annual limitation may be carried over to later years. The amount of the limitation may under certain circumstances be increased by the built-in gains in assets held by the Company at the time of the change that are recognized in the five-year period after the change. No assurance can be made, as to the availability of the net operating losses based upon Internal Revenue Code (IRC 382), as described, and such amounts of net operating losses available, based upon the limitations described. If there was or is other changes of ownership, the net operating losses may be a totally unavailable to offset taxable income.
Internal Revenue Code (IRC 108), Income from discharge of indebtedness has rules to determine amounts that are required to be included or excluded from taxable income, based upon certain circumstances. Management has determined that any discharge of indebtedness that has occurred is included in taxable income for this period, but is reviewing such amounts, as it applied to IRC 108.