The Company recognizes deferred income tax assets or liabilities for the expected future tax consequences of events that have been recognized in the financial statements or income tax returns. Deferred income tax assets or liabilities are determined based upon the difference between the financial statement and tax bases of assets and liabilities using enacted tax rates expected to apply when the differences are expected to be settled or realized. Deferred income tax assets are reviewed periodically for recoverability and valuation allowances are provided as necessary. Interest and penalties related to income tax liabilities, when incurred, are classified in interest expense and income tax provision, respectively.
For the fiscal years ended September 30, 2017 and 2016, the Company incurred net losses for income tax purposes of $4,725,826 and $8,495,621, respectively. The amount and ultimate realization of the benefits from the net operating losses is dependent, in part, upon the tax laws in effect, our future earnings, and other future events, the effects of which cannot be determined. The Company has established a valuation allowance for all deferred income tax assets not offset by deferred income tax liabilities due to the uncertainty of their realization. Accordingly, there is no benefit for income taxes in the accompanying statements of operations.
At September 30, 2017, the Company had net carryforwards available to offset future taxable income of approximately $155,000,000, which will begin to expire in 2018. The utilization of the net loss carryforwards is dependent upon the tax laws in effect at the time the net operating loss carryforwards can be utilized. The Internal Revenue Code contains provisions that likely could reduce or limit the availability and utilization of these net operating loss carryforwards. An ownership change generally affects the rate at which NOLs and potentially other deferred tax assets are permitted to offset future taxable income. Since the Company maintains a full valuation allowance on all U.S. and state deferred tax assets, the impact of prior year ownership changes on the future realizability of U.S. and state deferred tax assets did not result in an impact to the provision for income taxes for the year ended September 30, 2017, or on net deferred tax asset as of September 30, 2017.
The Company files income tax returns in the U.S. federal jurisdiction and various state and foreign jurisdictions. The tax provision for the year ended September 30, 2017 was due primarily to taxes on the income of a foreign-based subsidiary and U.S. state and local income taxes.
The deferred income tax assets (liabilities) were comprised of the following for the periods indicated:
| Fiscal Years Ended | ||||||||
| September 30, | ||||||||
| 2017 | 2016 | |||||||
| Net loss carryforwards | $ | 57,385,000 | $ | 56,716,000 | ||||
| Accruals and reserves | 1,319,000 | 1,013,000 | ||||||
| Contributions | 24,000 | 24,000 | ||||||
| Depreciation | (113,000 | ) | (470,000 | ) | ||||
| Stock-based compensation | 594,000 | 577,000 | ||||||
| Valuation allowance | (59,209,000 | ) | (57,860,000 | ) | ||||
| Total | $ | - | $ | - | ||||
Reconciliations between the benefit for income taxes at the federal statutory income tax rate and the Company's benefit for income taxes for the years ended September 30, 2017 and 2016 are as follows:
| Fiscal Years Ended | ||||||||
| September 30, | ||||||||
| 2017 | 2016 | |||||||
| Federal income tax benefit at statutory rate | $ | 1,699,000 | $ | 2,889,000 | ||||
| State income tax benefit, net of federal income tax effect | 165,000 | 280,000 | ||||||
| Change in estimated tax rate and gain (loss) on non-deductible expenses | (516,000 | ) | 1,073,000 | |||||
| Change in valuation allowance | (1,348,000 | ) | (4,242,000 | ) | ||||
| Benefit for income taxes | $ | - | $ | - | ||||
During the fiscal year ended September 30, 2014, the Company began recognizing revenues from international sources from our products and monitoring services. During the fiscal year ended September 30, 2014, the Company began recognizing a liability for value-added taxes, which will be due upon collection. At September 30, 2017, the Company had a net receivable related to payments on VAT tax of $137,560.
The Company’s open tax years for federal and state income tax returns are for the tax years ended September 30, 2014 through September 30, 2017.