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Income Taxes, Deferred Tax Assets and Deferred Tax Liabilities
 9 Months Ended
Sep. 30, 2023
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 expenses (credit) consisted of:

 

   Three months ended
September 30,		   Nine months ended
September 30,		 
   2022   2023   2022   2023 
PRC income tax:                
Current income tax  $
-
   $
-
   $
-
   $
-
 
Deferred income tax (credit) expenses   (2,012)   (305,431)   84,230    (1,015,626)
   $(2,012)  $(305,431)  $84,230   $(1,015,626)

 

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.

 

On December 22, 2017, the U.S. enacted the Tax Cuts and Jobs Act (the “Tax Act”), which significantly changed U.S. tax law and included a provision to tax global intangible low-taxed income (GILTI) of foreign subsidiaries. The Company recognizes taxes due under the GILTI provision as a current period expense. As of December 31, 2022 and September 30, 2023, 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 three and nine months ended September 30, 2022 and 2023.

 

Hong Kong Tax

 

BAK Asia and BAK Investment 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 and nine months ended September 30, 2022 and 2023 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. The certificate was valid for three years commencing from year 2021. 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. The certificate was valid for three years commencing from year 2021. 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:

 

   Three months ended
September 30,		   Nine months ended
September 30,		 
   2022   2023   2022   2023 
Income (loss) before income taxes  $(850,740)  $5,458,717   $932,270   $(395,187)
United States federal corporate income tax rate   21%   21%   21%   21%
Income tax credit computed at United States statutory corporate income tax rate   (178,655)   1,146,331    195,777    (82,989)
Reconciling items:                    
Rate differential for PRC earnings   (91,533)   233,423    (116,719)   51,139 
Tax effect of entity at preferential tax rate   355,197    333,663    313,990    386,649 
Non-taxable (income) expenses   (299,721)   51,741    (1,115,858)   149,861 
Share based payments   2,362    27,399    12,002    201,565 
Utilization of tax losses   175,188    
-
    (194,209)   
-
 
Valuation allowance on deferred tax assets   35,150    (2,097,988)   989,247    (1,721,851)
Income tax (credit) expenses  $(2,012)  $(305,431)  $84,230   $(1,015,626)

 

  (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, 2022 and September 30, 2023 are presented below:

 

   December 31,
2022		   September 30,
2023		 
Deferred tax assets        
Trade receivable  $1,976,354   $1,198,575 
Inventories   554,041    703,333 
Property, plant and equipment   2,353,141    1,797,372 
Long-term investments, net   161,716    153,572 
Intangible assets   97,468    108,146 
Accrued expenses, payroll and others   224,795    216,038 
Provision for product warranty   119,207    123,667 
Net operating loss carried forward   34,379,188    32,802,103 
Valuation allowance   (37,122,551)   (33,573,748)
Deferred tax assets, non-current  $2,743,359   $3,529,058 
           
Deferred tax liabilities, non-current          
Long-lived assets arising from acquisitions  $256,380   $131,492 

 

As of December 31, 2022 and September 30, 2023, 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 and September 30, 2023, the Company’s PRC subsidiaries had net operating loss carry forwards of $52,187,090 and $42,640,678 respectively, which will expire in various years through 2023 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 of $37,122,551 and $33,573,748 as of December 31, 2022 and September 30, 2023, respectively, were provided against subsidiaries which were not estimated to generate operating profits to utilize 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.