Annual report pursuant to Section 13 and 15(d)

Income Taxes

Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

15. Income Taxes


The Company has the following net deferred tax assets and liabilities at December 31, 2019 and 2018:


    December 31,  
    2019     2018  
Goodwill and intangible assets   $ (44,715 )   $ (183,082 )
Developed technology     (25,985 )     (53,384 )
Derivative liability     (112,564 )     (113,811 )
Property and equipment     18,399       12,140  
Other deferred tax assets     42,678       44,654  
Settlements     150,290       191,781  
Stock based compensation     331,731       403,587  
Net operating loss     7,161,406       6,843,840  
Valuation allowance     (7,742,494 )     (7,543,369 )
Net deferred tax liability   $ (221,254 )   $ (397,644 )


The benefit for income taxes for the years ended December 31, 2019 and 2018 consists of the following:


    Year Ended December 31,  
    2019     2018  
Current provision   $ -     $ -  
Deferred provision (benefit)     (134,163 )     (1,057,488 )
      (134,163 )     (1,057,488 )
Current provision   $ -     $ -  
Deferred provision (benefit)     (43,338 )     (296,047 )
      (43,338 )     (296,047 )
Current provision   $ -     $ -  
Deferred provision (benefit)     -       -  
      -       -  
Income tax expense (benefit)   $ (177,501 )   $ (1,353,535 )


A reconciliation of the statutory federal income tax rate to the Company’s effective tax rate is as follows:


    Year Ended December 31,  
    2019     2018  
Expected federal statutory rate     21.0 %     21.0 %
State income taxes, net of federal benefit     6.1 %     6.4 %
Impairment charge     0.0 %     -8.6 %
Valuation allowance     -13.5 %     -8.0 %
Permanent items     -0.1 %     0.0 %
Rate change     -2.6 %     0.4 %
Other     -4.9 %     -1.5 %
      6.0 %     9.7 %


The valuation allowance at December 31, 2019 was approximately $7,742,000. The net change in the valuation allowance during the year ended December 31, 2019 was an increase of approximately $199,000. In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred income tax assets will not be realized. The ultimate realization of deferred income 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 income tax liabilities, projected future taxable income, and tax planning strategies in making this assessment. Based on consideration of these items, management has determined that enough uncertainty exists relative to the realization of the deferred income tax asset balances to warrant the application of a valuation allowance as of December 31, 2019.


At December 31, 2019, the Company had net operating loss carryforwards for federal and state income tax purposes of approximately $26,426,000. Of this amount, $20,476,000 expires between 2034 and 2038, and $5,950,000 has an indefinite carryforward period. Certain tax attributes are subject to an annual limitation as a result of changes in ownership as defined under Internal Revenue Code Section 382. The Company files tax returns in multiple jurisdictions and is subject to examination in these jurisdictions. Significant jurisdictions in the U.S. include New York, Illinois and California. 


On December 22, 2017 the U.S. Tax Cuts and Jobs Act of 2017 (“Tax Act”) was signed into law. As a result of the Tax Act, the U.S. statutory tax rate was lowered from 35% to 21% effective January 1, 2018, among other changes. ASC Topic 740 requires companies to recognize the effect of tax law changes in the period of enactment; therefore, the Company was required to revalue its deferred tax liabilities at the new rate. As a result of the reduction in the U.S. corporate income tax rate, we re-measured our ending net deferred tax liabilities at December 31, 2017 at the rate at which they are expected to reverse in the future and recognized a tax benefit of $788,000.


Additionally, Staff Accounting Bulletin No. 118 (“SAB 118”) was issued to address the application of U.S. GAAP in situations when a registrant does not have the necessary information available, prepared, or analyzed (including computations) in reasonable detail to complete the accounting for certain income tax effects of the Tax Act. December 22, 2018 marked the end of the measurement period for purposes of SAB 118. As such, the Company completed the provision calculations with its federal tax return.

The Tax Act provided for a one-time deemed mandatory repatriation of post-1986 undistributed foreign E&P through the year ended December 31, 2017. We had an estimated $332,000 of undistributed foreign E&P subject to the deemed mandatory repatriation, this income was offset by U.S. operating losses. As of December 31, 2018, foreign withholding taxes have not been provided on the undistributed E&P of our foreign subsidiaries as we intend to permanently reinvest these foreign earnings in those businesses outside the U.S.

Beginning in 2018, the Tax Act includes a new U.S. tax base erosion provision designed to tax the global intangible low-taxed income (“GILTI”). The GILTI provisions require us to include in our U.S. income tax return foreign subsidiary earnings in excess of an allowable return on the foreign subsidiary’s tangible assets. The Company has elected to recognize the tax on GILT as a period expense in the period the tax is incurred.