Annual report pursuant to Section 13 and 15(d)

10. Income Taxes

10. Income Taxes
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
10. Income Taxes

10. Income Taxes


For the years ended December 31, 2018 and 2017 the provisions for income taxes were as follows:


    2018   2017
Federal – current   $ -   $ -
State – current     -     -
Foreign – current     -     -
Total   $ -   $ -


Under ASC 740, deferred income tax assets and liabilities reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes.


Significant components of our net deferred tax assets and liabilities as of December 31, 2018 and 2017 are as follows:


    2018   2017
Deferred tax assets (liabilities):            
Net operating loss carryforwards   $ 11,621,000   $ 9,935,000
Stock based compensation     3,551,000     3,305,000
Accruals     16,000     23,000
Depreciation and amortization     4,759,000     4,575,000
Other compensation     20,000     41,000
Total deferred tax assets     19,967,000     17,879,000
Valuation allowance for net deferred tax assets     (19,967,000)     (17,879,000)
Total   $ -   $ -


The Company has provided a valuation allowance against deferred tax assets recorded as of December 31, 2018 and 2017 due to uncertainties regarding the realization of such assets.


The net change in the total valuation allowance for the year ended December 31, 2018 was an increase of approximately $2,088,000. The net change in the total valuation allowance for the year ended December 31, 2017 was a decrease of approximately $5,413,000. In assessing the valuation of deferred tax assets, the Company considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during periods in which those temporary differences become deductible. The Company considers projected future taxable income and planning strategies in making this assessment. Based on the level of historical operating results and projections for the taxable income for the future, the Company has determined that it is more likely than not that the deferred tax assets will not be realized. Accordingly, the Company has recorded a valuation allowance to reduce deferred tax assets to zero. There can be no assurance that the Company will ever be able to realize the benefit of some or all of the federal and state loss carryforwards, either due to ongoing operating losses or due to ownership changes, which limit the usefulness of the loss carryforwards.


As of December 31, 2018, the Company has available net operating loss carryforwards of approximately $42,000,000 for federal income tax purposes, which will start to expire in 2026. The net operating loss carryforwards for state purposes are approximately $42,000,000 and will start to expire in 2028.


The difference between the provision for income taxes and income taxes computed using the U.S. federal income tax rate for the years ended December 31, 2018 and 2017 was as follows:


    2018   2017
Computed expected tax expense   $ (1,515,000)   $ (2,022,000)
State taxes, net of federal benefit     (630,000)     (447,000)
Effect of tax rate changes on deferred tax assets and liabilities     -     7,657,000
Expiration of NOL carryforwards     44,000     188,000
Other     13,000     37,000
Change in valuation allowance     2,088,000     (5,413,000)
Total   $ -   $ -


The Company has determined that during 2010 it experienced a “change of ownership” as defined by Section 382 of the Internal Revenue Code. As such, utilization of net operating loss carryforwards and credits generated before the 2010 change in ownership will be limited to approximately $207,000 per year until such carryforwards are fully utilized. The pre change net operating loss carryforward was approximately $6,000,000.


The Company files income tax returns in the U.S. federal jurisdiction, Arizona, and California. It also files income tax returns in Nova Scotia, Canada.  Because the Company is carrying forward federal and state net operating losses from 2006, the Company is subject to U.S. federal and state income tax examinations by tax authorities for all years since 2006. The Company does not have a liability for any uncertain tax positions. As of December 31, 2018, no accrued interest or penalties are recorded in the financial statements.


On December 22, 2017, the United States enacted the Tax Cuts and Jobs Act (“TCJA”), which instituted fundamental changes to the taxation of multinational corporations, including a reduction the U.S. corporate income tax rate to 21% beginning in 2018. As a result, the Company re-measured its deferred tax assets and deferred tax liabilities at the new lower corporate income tax rate and reduced its net deferred tax assets by $7,657,000, with a corresponding net adjustment to the valuation allowance of $7,657,000 for the year ended December 31, 2017.


In December 2017, the SEC staff issued Staff Accounting Bulletin No. 118 ("SAB 118") 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 TCJA.  The Company has recognized the provisional tax impacts related to the revaluation of the deferred tax assets and liabilities and included these amounts in its consolidated financial statements for the year ended December 31, 2017.  The ultimate impact may differ from these provisional amounts due to, among other things, additional analysis, changes in interpretations and assumptions the Company has made, additional regulatory guidance that may be issued, and actions the Company may take as a result of the TCJA.  The Company completed the accounting for all of the enacted date income tax effects of the TCJA during 2018. No adjustments were recognized to the provisional amounts recorded at December 31, 2017.