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Income Taxes, Deferred Tax Assets and Deferred Tax Liabilities
 3 Months Ended
Dec. 31, 2014
Income Taxes, Deferred Tax Assets and Deferred Tax Liabilities [Text Block]
13.

Income Taxes, Deferred Tax Assets and Deferred Tax Liabilities

(a)       Income taxes in the condensed consolidated statements of comprehensive loss (income)

The Company’s provision for income taxes consisted of:

      Three months ended December 31,  
      2013     2014  
  PRC income tax:            
   Current $ 16,474   $   -  
   Deferred   -     5,845,066  
    $ 16,474   $ 5,845,066  

United States Tax
China BAK is subject to a statutory tax rate of 35% under the United States of America tax law. No provision for income taxes in the United States or elsewhere has been made as China BAK had no taxable income for the three months ended December 31, 2013 and 2014.

Hong Kong Tax
BAK Asia and BAK International are subject to Hong Kong profits tax rate of 16.5% and did not have any assessable profits arising in or derived from Hong Kong for the three months ended December 31, 2013 and 2014 and accordingly no provision for Hong Kong profits tax was made in these periods.

PRC Tax
The Company’s subsidiaries in China are subject to enterprise income tax at 25% for the three months ended December 31, 2013 and 2014.

Canada States Tax
BAK Canada was subject to statutory tax rate of 38% under Canada tax law. No provision for income taxes in Canada has been made as BAK Canada had no taxable income for the three months ended December 31, 2013.

German States Tax
BAK Europe was subject to a 25% statutory tax rate under Germany tax law. No provision for income taxes in Germany has been made as BAK Europe had no taxable income for the three months ended December 31, 2013.

India Tax
BAK India was subject to a 30% statutory tax rate under India tax law. No provision for income taxes in India has been made as BAK India had no taxable income for the three months ended December 31, 2013.

 

A reconciliation of the provision for income taxes determined at the statutory income tax rate to the Company's income taxes is as follows:

      Three months ended December 31,  
      2013     2014  
  Loss before income taxes - continuing operations $ (6,121,378 ) $ 23,233,659  
  United States federal corporate income tax rate   35%     35%  
  Income tax credit computed at United States statutory corporate income tax rate   (2,142,482 )   8,131,781  
  Reconciling items:            
  Valuation allowance on deferred tax assets   944,724     675  
  Rate differential for PRC earnings   796,091     (2,339,961 )
  Non-deductible expenses   402,733     58,084  
  Share based payments   15,408     -  
  Others   -     (5,513 )
  Provision for income taxes $ 16,474   $ 5,845,066  

(b)      Deferred tax assets and deferred tax liabilities

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities as of  September 30, 2014 and December 31, 2014 are presented below:

      September 30,     December 31,  
      2014     2014  
  Deferred tax assets            
  Net operating loss carried forward $ 12,534,160   $ 12,534,835  
  Valuation allowance   (12,534,160 )   (12,534,835 )
  Long-term deferred tax assets $   -   $   -  
               
  Deferred tax liabilities            
  Government grants $   -   $ 5,790,163  
  Less: current portion   -     (263,067 )
  Non-current portion $   -   $ 5,527,096  

As of September 30, 2014 and December 31, 2014, the Company’s U.S. entity had net operating loss carry forwards of $35,318,443, available to reduce future taxable income which will expire in various years through 2034 and the Company’s PRC subsidiaries had net operating loss carry forwards of $690,821 and $693,520 which will expire in various years through 2019. Management believes it is more likely than not that the Company will not realize these potential tax benefits as these operations will not generate any operating profits in the foreseeable future. As a result, a valuation allowance was provided against the full amount of the potential tax benefits.

The Company did not provide for deferred income taxes and foreign withholding taxes on the cumulative undistributed earnings of foreign subsidiaries as of September 30, 2014 and December 31, 2014 of approximately of nil and $17.3 million, respectively. The cumulative distributed earnings of foreign subsidiaries were included in accumulated deficit and will continue to be indefinitely reinvested in international operations. Accordingly, no provision has been made for U.S. deferred taxes or applicable withholding taxes, related to future repatriation of these earnings, nor is it practicable to estimate the amount of income taxes that would have to be provided if management concluded that such earnings will be remitted in the future.

As of September 30, 2014 and December 31, 2014, the Company had no material unrecognized tax benefits which would favorably affect the effective income tax rates in future periods and does not believe that there will be any significant increases or decreases of unrecognized tax benefits within the next twelve months. No interest or penalties relating to income tax matters have been imposed on the Company during the three months ended December 31, 2013 and 2014, and no provision for interest and penalties is deemed necessary as of December 31, 2014 and September 30, 2014.

According to the PRC Tax Administration and Collection Law, the statute of limitations is three years if the underpayment of taxes is due to computational errors made by the taxpayer or its withholding agent. The statute of limitations extends to five years under special circumstances, which are not clearly defined. In the case of a related party transaction, the statute of limitations is ten years. There is no statute of limitations in the case of tax evasion.