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INCOME TAXES
 12 Months Ended
Dec. 31, 2022
INCOME TAXES  
INCOME TAXES

NOTE 8 – INCOME TAXES

 

The Company provides for income taxes using an asset and liability approach under which deferred income taxes are provided for based upon enacted tax laws and rates applicable to periods in which the taxes become payable.

 

The domestic and foreign components of income (loss) before (benefit from) provision for income taxes were as follows:

 

 

 

December 31,

2022

 

 

December 31,

2021

 

Domestic

 

$(7,093,161 )

 

$(8,365,298 )

Foreign

 

 

(5,962,159 )

 

 

517,659

 

 

 

$(13,055,320 )

 

$(7,847,639 )

    

The components of the (benefit from) provision for income taxes are as follows:

 

 

 

December 31,

2022

 

 

December 31,

2021

 

Current tax provision

 

 

 

 

 

 

Federal

 

$-

 

 

$-

 

State

 

 

-

 

 

 

-

 

Foreign

 

 

(75,724 )

 

 

802,364

 

Total current tax provision

 

$(75,724 )

 

$802,364

 

 

 

 

 

 

 

 

 

 

Deferred tax provision

 

 

 

 

 

 

 

 

Domestic

 

$-

 

 

$-

 

State

 

 

-

 

 

 

-

 

Foreign

 

 

850,775

 

 

 

(688,354 )

Total deferred tax provision

 

$850,775

 

 

$(688,354 )

 

 

 

 

 

 

 

 

 

Total current provision

 

$775,051

 

 

$114,010

 

 

The reconciliation of income tax expense computed at the U.S. federal statutory rate to the income tax provision for the years ended December 31, 2022 and 2021 is as follows:

 

 

 

December 31,

2022

 

 

December 31,

2021

 

US

 

 

 

 

 

 

Loss before income taxes

 

$(13,055,320)

 

$(7,847,639)

Taxes under statutory US tax rates

 

$(2,741,617)

 

$(1,648,004)

Increase (decrease) in taxes resulting from:

 

 

 

 

 

 

 

 

Increase in valuation allowance

 

$3,989,786

 

 

$3,001,899

 

Foreign tax rate differential

 

$34,601

 

 

$(24,977)

Permanent differences

 

$128,705

 

 

$(734,428)

US tax on foreign income

 

$-

 

 

$493,028

 

163(j)catchup

 

 

-

 

 

 

(76,888)

Prior period adjustments

 

$(186,143)

 

$52,034

 

State taxes

 

$(450,280)

 

$(948,654)

Income tax expense

 

$775,052

 

 

$114,010

 

 

Companies subject to the Global Intangible Low-Taxed Income provision (GILTI) have the option to account for the GILTI tax as a period cost if and when incurred, or to recognize deferred taxes for outside basis temporary differences expected to reverse as GILTI. We have elected to account for GILTI as a period cost.

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amount of assets and liabilities for financial reporting purposes and amounts used for income tax purposes. Significant components of the Company’s deferred tax assets and liabilities consist of the following:

 

 

 

December 31,

2022

 

 

December 31,

2021

 

Net operating loss carryforward

 

$5,899,702

 

 

$4,515,900

 

Capital loss carryforward

 

 

801,744

 

 

 

801,744

 

Section 163(j) carryforward

 

 

561,130

 

 

 

-

 

Nonqualified stock options

 

 

-

 

 

 

96,104

 

Foreign exchange

 

 

297,263

 

 

 

13,438

 

Allowance for doubtful accounts

 

 

1,616,926

 

 

 

374,604

 

Accrued expenses

 

 

352,025

 

 

 

528,895

 

Mark to market adjustment in securities

 

 

358,761

 

 

 

358,761

 

Lease liability

 

 

259,381

 

 

 

253,620

 

Gain on extinguishment of debt

 

 

-

 

 

 

-

 

Depreciation

 

 

(22,914 )

 

 

(6,765 )

Total deferred tax assets

 

 

10,124,018

 

 

 

6,936,211

 

 

 

 

 

 

 

 

 

 

Intangibles

 

 

(8,139 )

 

 

(8,139 )

Inventory

 

 

(49,961 )

 

 

(14,728)

Right of use asset

 

 

(256,769 )

 

 

(243,207 )

Goodwill

 

 

(10,979 )

 

 

(10,979 )

Total deferred tax liabilities

 

 

(325,848 )

 

 

(277,053 )

Valuation allowance

 

 

(9,798,170 )

 

 

(5,808,384 )

Net deferred tax assets

 

$-

 

 

$850,774

 

 

At December 31, 2022, the Company had U.S. net operating loss (“NOL”) carryforwards of approximately $17,169,419 that may be offset against future taxable income, subject to limitation under IRC Section 382. Of the $17.2 million Federal NOL carryforwards, $2.5 million are pre-2018 and begin to expire in 2031. The remaining balance of $4.6 million, are limited to utilization of 80% of taxable income but do not have an expiration. At December 31, 2022, the Company had Greek NOL carryforwards of $87,384 and has UK NOL carryforwards of $1,450,783. A valuation allowance exists for all operations, based on a more likely than not criterion and in consideration of all available positive and negative evidence.

 

ASC 740 requires that the tax benefit of net operating losses (“NOLs”), temporary differences and credit carryforwards be recorded as an asset to the extent that management assesses that realization is “more likely than not.” Realization of the future tax benefits is dependent on the Company’s ability to generate sufficient taxable income within the carryforward period. Because of the Company’s history of domestic operating losses, management believes that recognition of the deferred tax assets arising from the above-mentioned future tax benefits is currently not likely to be realized and, accordingly, has provided a valuation allowance, on all our deferred tax asset. In 2020, foreign (Greece and United Kingdom) valuation allowances were released, aggregating $200,000, but has since reinstated all of the valuation allowances in the current year amounting to $2,372,000 during 2022. Management considered all available evidence to when evaluating the realizability of foreign deferred tax assets by jurisdiction and concluded primarily based upon a strong earnings history that these deferred tax assets were more-likely-than-not realizable.

 

The Company applied the “more-likely-than-not” recognition threshold to all tax positions taken or expected to be taken in a tax return, which resulted in no unrecognized tax benefits as of December 31, 2022 and December 31, 2021, respectively. We recognize interest accrued related to unrecognized tax benefits and penalties as income tax expense.

 

The Company files income tax returns in Illinois, United States, and in foreign jurisdictions including Greece, and United Kingdom. As of December 31, 2022, all domestic tax years are open to tax authority examination due the availability of net operating loss deductions, 2010 through 2022. In Greece, the statute of limitations is open for five years, 2017 through 2022. In United Kingdom, the statute of limitations is open for four years, 2018 through 2022. Currently, there are no ongoing tax authority income tax examinations.