As of April 30, 2017, the Company had approximately $3.9 million of net operating loss carryovers (“NOLs ”) which expire beginning in 2027. The U.S. net operating loss carryovers are subject to limitation under Internal Revenue Code Section 382 should there be a greater than 50% ownership change as determined under the regulations. Management has determined that a change in ownership occurred as a result of the Share Exchange on April 23, 2013. Therefore, the net operating loss carryovers are subject to an annual limitation of approximately $156,000. The Company impaired the NOLs at the time of the change of ownership. Further the Company was limited in the recognition of a pre-acquisition loss deduction due to a net built in loss in 2015 at the time of the ownership change.
The income tax expense (benefit) consists of the following:
|
For the Year Ended April 30, 2017 |
For the Year Ended April 30, 2016 |
|||||||
| Foreign | ||||||||
| Current | $ | - | $ | - | ||||
| Deferred | - | - | ||||||
| U.S. Federal | ||||||||
| Current | - | |||||||
| Deferred | (446,593 | ) | (4,503,473 | ) | ||||
| U.S. State & Local | ||||||||
| Current | - | - | ||||||
| Deferred | (27,677 | ) | (504,613 | ) | ||||
| Change in valuation allowance | 1,415,785 | 7,509,295 | ||||||
| Income tax provision (benefit) | $ | 941,515 | $ | 2,501,209 | ||||
In assessing the realization of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income and tax planning strategies in making this assessment. Based on this assessment management has established a full valuation allowance against all of the deferred tax assets for every period, since it is more likely than not that all of the deferred tax assets will not be realized.
The Company’s deferred tax assets (liabilities) consisted of the effects of temporary differences attributable to the following:
| April 30, 2017 | April 30, 2016 | |||||||
| U.S. net operating loss carryovers | $ | 3,881,860 | $ | 3,933,952 | ||||
| Depreciation | 2,422,886 | 2,531,949 | ||||||
| Bandolier LLC flow-through | 4,320,684 | 4,313,122 | ||||||
| Accretion of asset retirement obligation | 201,729 | 288,511 | ||||||
| Stock-based compensation | 2,314,197 | 1,599,551 | ||||||
| Total deferred tax assets | 13,141,356 | 12,667,085 | ||||||
| Valuation allowance | (13,141,356 | ) | (12,667,085 | ) | ||||
| Deferred tax asset, net of valuation allowance | $ | - | $ | - | ||||
| April 30, 2017 | April 30, 2016 | |||||||
| Tax liability – MegaWest | $ | 3,442,724 | $ | 2,501,209 | ||||
| Total deferred tax liability | $ | 3,442,724 | $ | 2,501,209 | ||||
The expected tax expense (benefit) based on the statutory rate is reconciled with actual tax expense benefit as follows:
|
For the Year Ended April 30, 2017 |
For the Year Ended April 30, 2016 |
|||||||
| U.S. federal statutory rate | (34.00 | )% | (34.00 | )% | ||||
| State income tax, net of federal benefit | (2.11 | )% | (3.81 | )% | ||||
| Change in rate | 11.29 | % | (0.98 | )% | ||||
| Other permanent differences | 6.46 | % | (2.98 | )% | ||||
| Change in valuation allowance | 54.80 | % | 62.63 | % | ||||
| Income tax provision (benefit) | 36.44 | % | 20.86 | % | ||||