11. INCOME TAXES
The components of loss before income taxes are as follows:
| 2017 | 2016 | |||||||
| Domestic | (5,331,597 | ) | (1,411,971 | ) | ||||
| Foreign | (10,082,600 | ) | (9,549,369 | ) | ||||
| Loss before income tax | (10,961,340 | ) | (10,961,340 | ) | ||||
Income taxes relating to the Company’s operations are as follows:
| 2017 | 2016 | |||||||
| Current income taxes | ||||||||
| US Federal, state and local | — | — | ||||||
| Foreign | — | — | ||||||
| Deferred income taxes | — | — | ||||||
| US Federal, state and local | — | — | ||||||
| Foreign | — | — | ||||||
| Income tax expense/recovery | — | — |
Income taxes at the United States federal statutory rate compared to the Company’s income tax expenses as reported are as follows:
| 2017 | 2016 | |||||||
| Net loss before income tax | (15,414,197 | ) | (10,961,340 | ) | ||||
| Statutory rate | 35 | % | 35 | % | ||||
| Expected income tax recovery | (5,394,969 | ) | (3,836,469 | ) | ||||
| Impact on income tax expense/recovery from | ||||||||
| Change in valuation allowance | 4,534,893 | 3,518,283 | ||||||
| Different tax rates in foreign jurisdictions | 737,692 | 921,953 | ||||||
| Expiration of unused tax loss carry forwards | 1,148,939 | 502,483 | ||||||
| Permanent differences | 1,214,999 | (645,752 | ) | |||||
| Difference due to tax review / previous year adjustments | (2,270,718 | ) | (317,710 | ) | ||||
| Others | 29,164 | (142,789 | ) | |||||
| Income tax expense | — | — | ||||||
The Company’s deferred tax assets and liabilities consist of the following:
| December 31, 2017 | December 31, 2016 | |||||||
| Deferred tax assets | ||||||||
| Tax loss carry forward | 25,935,845 | 20,370,022 | ||||||
| Valuation allowance | (25,935,845 | ) | (20,370,022 | ) | ||||
| Deferred tax assets/liabilities | — | — | ||||||
As of December 31, 2017 and 2016, there were no known uncertain tax positions. We have not identified any tax positions for which it is reasonably possible that a significant change will occur during the next 12 months.
Pursuant to ASC 740-10-25-3 Income Taxes, an income tax provision has not been made for U.S. or additional foreign taxes since none of the subsidiaries of the Company are generating income nor are expected to in the foreseeable future. The company expects that future earnings will be reinvested, but could become subject to additional tax if they were remitted as dividends or were loaned to the Company, or if the Company should sell or dispose of its stock in the foreign subsidiaries. It is not practical to determine the deferred tax liability, if any, that might be payable on foreign earnings because if the Company were to repatriate these earnings, the Company believes there would be various methods available to it, each with different U.S. tax consequences.
The Company’s operating loss carry forward of all jurisdictions expire according to the following schedule:
| Domestic | Foreign | ||||||
| 2018 | — | 8,402,020 | |||||
| 2019 | — | 4,911,524 | |||||
| 2020 | — | 2,725,174 | |||||
| 2021 | — | 8,019,852 | |||||
| 2022 | — | 13,870,585 | |||||
| 2023 | 392,931 | 14,008,335 | |||||
| 2024 | 240,753 | 13,011,460 | |||||
| Beyond 2024 | 26,268,661 | 0 | |||||
| Total operating loss carry forwards | $ | 26,902,345 | 64,948,950 | ||||
The following tax years remain subject to examination:
| United States of America | Switzerland | Costa Rica* | ||||||
| 2008 | YES | NO | N/A | |||||
| 2009 | YES | NO | N/A | |||||
| 2010 | YES | NO | N/A | |||||
| 2011 | YES | NO | N/A | |||||
| 2012 | YES | NO | N/A | |||||
| 2013 | YES | NO | NO | |||||
| 2014 | YES | NO | NO | |||||
| 2015 | YES | YES | NO | |||||
| 2016 | YES | YES | NO | |||||
| 2017 | YES | YES | YES |
* The Costa Rican companies are taxable since 2013.