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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

9. Income Taxes      

We compute income taxes using the asset and liability method in accordance with FASB ASC Topic 740, Income Taxes. Under the asset and liability method, we determine deferred income tax assets and liabilities based on the differences between the financial reporting and tax bases of assets and liabilities and measure them using currently enacted tax rates and laws. We provide a valuation allowance for the amount of deferred tax assets that, based on available evidence, are more likely than not to be realized. Realization of our net operating loss carryforward was not reasonably assured as of December 31, 2019 and 2018, and we have recorded a valuation allowance of $12,452,000 and $12,202,000, respectively, against deferred tax assets in excess of deferred tax liabilities in the accompanying consolidated financial statements. 

The components of net deferred taxes are as follows:

 

 

 

As of December 31,

 

 

 

2019

 

 

2018

 

Deferred tax assets (liabilities):

 

 

 

 

 

 

 

 

Net operating loss

 

$

4,616,000

 

 

$

5,095,000

 

Depreciation and amortization

 

 

5,002,000

 

 

 

4,449,000

 

Stock-based compensation

 

 

3,113,000

 

 

 

2,840,000

 

Capitalized software costs

 

 

(561,000

)

 

 

(522,000

)

Deferred lease liability

 

 

45,000

 

 

 

53,000

 

Allowance for doubtful accounts

 

 

206,000

 

 

 

251,000

 

Other

 

 

31,000

 

 

 

36,000

 

Total deferred tax assets, net

 

 

12,452,000

 

 

 

12,202,000

 

Less: valuation allowance

 

 

(12,452,000

)

 

 

(12,202,000

)

Net deferred taxes

 

$

 

 

$

 

 

Our statutory income tax rate is expected to be approximately 26.8%.  We had state income tax expense of $219,082 for the year ended December 31, 2019, which is attributable to state obligations for states with no net operating loss carryforwards, and the continued reserve against the benefit of the net operating losses at the federal level.  The provision for income taxes consisted of the following:

 

 

 

Years Ended December 31,

 

 

 

2019

 

 

2018

 

Current

 

$

219,082

 

 

$

 

Deferred

 

 

 

 

 

 

Total

 

$

219,082

 

 

$

 

 

The reconciliation between the income tax expense (benefit) calculated by applying statutory rates to net loss and the income tax expense reported in the accompanying consolidated financial statements is as follows:

 

 

 

Years Ended December 31,

 

 

 

2019

 

 

2018

 

U.S. federal statutory rate applied to pretax income (loss)

 

$

34,000

 

 

$

(512,000

)

State taxes, net of federal benefit

 

 

165,082

 

 

 

(146,000

)

Permanent differences

 

 

11,000

 

 

 

7,000

 

Benefit of federal operating loss carryforwards

 

 

(381,000

)

 

 

(170,000

)

Cumulative adjustment to deferred taxes

 

 

 

 

 

612,000

 

Change in state tax rates and other

 

 

140,000

 

 

 

157,000

 

Change in valuation allowance

 

 

250,000

 

 

 

52,000

 

 

 

$

219,082

 

 

$

 

 

As of December 31, 2019 and 2018, we had federal income tax net operating loss carryforwards of approximately $17,200,000 and $18,900,000, respectively, which expire at various dates ranging from 2031 through 2037.  We are subject to limitations existing under Internal Revenue Code Section 382 (Change of Control) relating to the availability of the operating loss. Such limitation of the net operating losses may have occurred, which we have not fully analyzed at this time as we have fully reserved the deferred tax asset.

As of December 31, 2019 and 2018, we did not recognize any assets or liabilities relative to uncertain tax positions, nor do we anticipate any significant unrecognized tax benefits will be recorded during 2020. It is our policy to classify interest and penalties on income taxes as interest expense or penalties expense, should any be incurred.

Tax positions are positions taken in a previously filed tax return or positions expected to be taken in a future tax return that are reflected in measuring current or deferred income tax assets and liabilities reported in the financial statements. Tax positions include the following:

 

an allocation or shift of income between taxing jurisdictions;

 

the characterization of income or a decision to exclude reportable taxable income in a tax return; or

 

a decision to classify a transaction, entity, or other position in a tax return as tax exempt.

We are potentially subject to tax audits for federal and state tax returns for tax years ended 2016 to 2019. Tax audits by their very nature are often complex and can require several years to complete.