Income taxes are accounted for under the asset and liability method. Deferred tax assets and liabilities are recognized for the future tax consequences attributable to differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases and operating loss and tax credit carry-forwards. Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled. The effect of a change in tax rates on deferred tax assets and liabilities is recognized in income in the period during which such rates are enacted.
The Company considers all available evidence to determine 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 realizable. Management considers the scheduled reversal of deferred tax liabilities (including the impact of available carryback and carry-forward periods), and projected taxable income in assessing the realizability of deferred tax assets. In making such judgments, significant weight is given to evidence that can be objectively verified. Based on all available evidence, in particular our three-year historical cumulative losses, recent operating losses and U.S. pre-tax loss for the year ended December 31, 2017, we recorded a valuation allowance against our U.S. net deferred tax assets. In order to fully realize the U.S. deferred tax assets, we will need to generate sufficient taxable income in future periods before the expiration of the deferred tax assets governed by the tax code.
The following represent components of the income tax (expense) credit for the year ended December 31, 2017, 2016 and 2015:
| For the Year Ended | ||||||||||||
| December 31, | ||||||||||||
| 2017 | 2016 | 2015 | ||||||||||
| Current: | ||||||||||||
| US federal | $ | - | $ | - | $ | 733,158 | ||||||
| US state | (2,450 | ) | (4,093 | ) | (4,557 | ) | ||||||
| Foreign | - | |||||||||||
| Total current tax credit (expense) | $ | (2,450 | ) | $ | (4,093 | ) | $ | 728,601 | ||||
| Deferred: | ||||||||||||
| Federal | $ | - | $ | - | $ | - | ||||||
| State | - | - | - | |||||||||
| Foreign | - | - | - | |||||||||
| Total deferred tax expense | $ | - | $ | - | $ | - | ||||||
| Total income tax credit (expense) | $ | (2,450 | ) | $ | (4,093 | ) | $ | 728,601 | ||||
Tax effects of temporary differences that give rise to significant portions of the Company's deferred tax assets at December 31, 2017 and 2016 are presented below:
| December 31, | December 31, | |||||||
| 2017 | 2016 | |||||||
| Deferred tax assets: | ||||||||
| Net operating loss carry forwards (offshore) | $ | 5,448,339 | $ | 3,827,747 | ||||
| Net operating loss carry forwards (US) | 3,864,824 | 4,496,655 | ||||||
| Accruals (offshore) | 588,277 | 280,756 | ||||||
| Accrued compensation (US) | 83,071 | 25,168 | ||||||
| Stock-based compensation (US) | 2,315,801 | 3,018,905 | ||||||
| Investments (US) | 1,893,532 | 3,673,382 | ||||||
| Credits (US) | 217,329 | 97,504 | ||||||
| Property and equipment | 123 | - | ||||||
| Goodwill & intangibles | 49,653 | 33,079 | ||||||
| Subtotal | 14,460,949 | 15,453,196 | ||||||
| Less: valuation allowance | (14,460,949 | ) | (15,452,737 | ) | ||||
| Total deferred tax assets | - | 459 | ||||||
| Deferred tax liabilities: | ||||||||
| Property and equipment | - | (459 | ) | |||||
| Subtotal | - | (459 | ) | |||||
| Net deferred tax asset | $ | - | $ | - | ||||
In each period since inception, the Company has recorded a valuation allowance for the full amount of net deferred tax assets, as the realization of deferred tax assets is uncertain. As a result, the Company has not recorded any federal or state income tax benefit in the consolidated statements of operations and comprehensive income (loss).
On December 22, 2017, US President signed tax reform bill (Tax Cut and Jobs Act (H.R.1)) and reduced top corporate tax rate from 35% to 21% effective from January 1, 2018. Pursuant to this new Act, non-operating loss carry back period is eliminated and an indefinite carry forward period is permitted. As of December 31, 2017, the Company had net operating loss carryforwards of $16 million for U.S federal purposes, $6 million for U.S. state purposes. As of December 31, 2017, the Company had net operating loss carryforwards of $14 million for Chinese income tax purposes, such losses are set to expire in 2022 for Chinese income tax purposes. All deferred income tax expense is offset by changes in the valuation allowance pertaining to the Company's existing net operating loss carryforwards due to the unpredictability of future profit streams prior to the expiration of the tax losses. The Company's effective tax rate differs from statutory rates of 21% for U.S. federal income tax purposes, 15% ~ 25% for Chinese income tax purpose and 16.5% for Hong Kong income tax purposes due to the effects of the valuation allowance and certain permanent differences as it pertains to book-tax differences in the value of client shares received for services.
Pursuant to the Corporate Income Tax Law of the PRC, all of the Company’s PRC subsidiaries are liable to PRC Corporate Income Taxes (“CIT”) at a rate of 25% except for Cellular Biomedicine Group Ltd. (Shanghai) (“CBMG Shanghai”). According to Guoshuihan 2009 No. 203, if an entity is certified as an “advanced and new technology enterprise”, it is entitled to a preferential income tax rate of 15%. CBMG Shanghai obtained the certificate of “advanced and new technology enterprise” dated October 30, 2015 with an effective period of three years and the provision for PRC corporate income tax for CBMG Shanghai is calculated by applying the income tax rate of 15% from 2015. CBMG Shanghai will still apply the certificate of “advanced and new technology enterprise” in 2018.
Income tax expense for year ended December 31, 2017, 2016 and 2015 differed from the amounts computed by applying the statutory federal income tax rate of 35% to pretax income (loss) as a result of the following:
| For the Year Ended | For the Year Ended | For the Year Ended | ||||||||||
| December 31, 2017 | December 31, 2016 | December 31, 2015 | ||||||||||
| Effective Tax Rate Reconciliation | ||||||||||||
| Income tax provision at statutory rate | 35 | % | 35 | % | 35 | % | ||||||
| State income taxes, net of federal benefit | 0 | % | 0 | % | 0 | % | ||||||
| Rate deduction | (20 | )% | 0 | % | 0 | % | ||||||
| Foreign rate differential | (13 | )% | (9 | )% | (12 | )% | ||||||
| Other permanent difference | (2 | )% | (2 | )% | (4 | )% | ||||||
| Change in valuation allowance | 0 | % | (24 | )% | (15 | )% | ||||||
| Total tax credit (expense) | 0 | % | 0 | % | 4 | % | ||||||