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Income Taxes, Deferred Tax Assets and Deferred Tax Liabilities
 12 Months Ended
Dec. 31, 2022
Income Taxes, Deferred Tax Assets and Deferred Tax Liabilities [Abstract]  
Income Taxes, Deferred Tax Assets and Deferred Tax Liabilities

20. Income Taxes, Deferred Tax Assets and Deferred Tax Liabilities

 

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

 

The Company’s provision for income taxes credit consisted of:

 

   December 31,   December 31, 
   2021   2022 
PRC income tax  $
   $
 
Current income tax credit, net   7,713,191    
-
 
Deferred income tax credit   19,855    1,228,207 
   $7,733,046   $1,228,207 

 

United States Tax

 

CBAK is a Nevada corporation that is subject to U.S. federal tax and state tax. On December 31, 2017 the U.S. government enacted comprehensive tax legislation commonly referred to as the Tax Cuts and Jobs Act (the “Tax Act”). The Tax Act makes broad and complex changes to the U.S. tax code, including, but not limited to, (1) reducing the U.S. federal corporate income tax rate from 35 percent to 21 percent; (2) requiring companies to pay a one-time transition tax on certain unrepatriated earnings of foreign subsidiaries; (3) generally eliminating U.S. federal corporate income taxes on dividends from foreign subsidiaries; (4) providing modification to subpart F provisions and new taxes on certain foreign earnings such as Global Intangible Low-Taxed Income (GILTI). Except for the one-time transition tax, most of these provisions go into effect starting January 1, 2018.

 

The Global Intangible Low-taxed Income (GILTI) is a new provision introduced by the Tax Cuts and Jobs Act. U.S. shareholders, who are domestic corporations, of controlled foreign corporations (CFCs) are eligible for up to an 80% deemed paid foreign tax credit (FTC) and a 50% deduction of the current year inclusion with the full amount of the Section 78 gross-up subject to limitation. This new provision is effective for tax years of foreign corporations beginning after December 31, 2017. The Company has evaluated whether it has additional provision amount resulted by the GILTI inclusion on current earnings and profits of its foreign controlled corporations. The Company has made an accounting policy choice of treating taxes due on future U.S. inclusions in taxable amount related to GILTI as a current period expense when incurred. As of December 31, 2022 and 2021, the Company does not have any aggregated positive tested income; and as such, does not have additional provision amount recorded for GILTI tax.

 

No provision for income taxes in the United States has been made as CBAK had no taxable income for the years ended December 31, 2021 and 2022.

 

Hong Kong Tax

 

The Company’s subsidiaries in Hong Kong 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 years ended December 31, 2021 and 2022 and accordingly no provision for Hong Kong profits tax was made in these periods.

 

PRC Tax

 

The CIT Law in China applies an income tax rate of 25% to all enterprises but grants preferential tax treatment to High-New Technology Enterprises. CBAK Power was regarded as a “High-new technology enterprise” pursuant to a certificate jointly issued by the relevant Dalian Government authorities. Under the preferential tax treatment, CBAK Power was entitled to enjoy a tax rate of 15% for the years from 2021 to 2024 provided that the qualifying conditions as a High-new technology enterprise were met. Hitrans was regarded as a “High-new technology enterprise” pursuant to a certificate jointly issued by the relevant Zhejiang Government authorities. Under the preferential tax treatment, Hitrans was entitled to enjoy a tax rate of 15% for the years from 2021 to 2024 provided that the qualifying conditions as a High-new technology enterprise were met.

 

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

 

   Year ended
December 31,
2021		   Year ended
December 31,
2022		 
Income (loss) before income taxes  $53,826,098   $(12,556,018)
United States federal corporate income tax rate   21%   21%
Income tax credit computed at United States statutory corporate income tax rate   11,303,481    (2,636,764)
Reconciling items:          
Over provision of deferred taxation in prior year          
Rate differential for PRC earnings   (235,947)   (685,944)
Non-taxable income   (12,978,422)   (1,199,100)
Tax effect of entity at preferential tax rate   (43,449)   683,459 
Non-deductible expenses   215,873    221,090 
Share based payments   220,033    13,481 
Decrease of uncertain tax position   (7,713,191)   
-
 
Tax effect of utilisation of tax losses previously not recognised   (70,067)   (885,021)
Valuation allowance on deferred tax assets   1,568,643    3,260,592 
Income tax credit  $(7,733,046)  $(1,228,207)

 

  (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 December 31, 2021 and 2022 are presented below:

 

   December 31,
2021		   December 31,
2022		 
Deferred tax assets        
Trade accounts receivable  $2,044,877    1,976,354 
Inventories   624,372    554,041 
Property, plant and equipment   1,671,628    2,353,141 
Non-marketable equity securities   175,813    161,716 
Intangible assets   82,174    97,468 
Accrued expenses, payroll and others   286,258    224,795 
Provision for product warranty   507,067    119,207 
Net operating loss carried forward   32,624,714    34,379,188 
Valuation allowance   (36,278,909)   (37,122,551)
Deferred tax assets, non-current  $1,737,994    2,743,359 
           
Deferred tax liabilities, non-current          
Long-lived assets arising from acquisitions  $334,181   $256,380 

 

As of December 31, 2022, the Company’s U.S. entity had net operating loss carry forwards of $103,580,741, of which $102,293 available to reduce future taxable income which will expire in various years through 2035 and $103,478,448 available to offset capital gains recognized in the succeeding 5 tax years. As of December 31, 2022, the Company’s PRC subsidiaries had net operating loss carry forwards of $52,187,090, which will expire in various years through 2022 to 2031. 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.

 

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.

 

The impact of an uncertain income tax positions on the income tax return must be recognized at the largest amount that is more likely than not to be sustained upon audit by the relevant tax authority. An uncertain income tax position will not be recognized if it has less than a 50% likelihood of being sustained. Interest and penalties on income taxes will be classified as a component of the provisions for income taxes.