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Note 13 - Income Tax Provision
 12 Months Ended
Dec. 31, 2023
Notes to Financial Statements  
Income Tax Disclosure [Text Block]

13. INCOME TAX PROVISION

 

The Company accounts for income taxes under the asset and liability method under which it recognizes deferred income taxes, net of valuation allowances, if any, for the estimated future tax effects of temporary differences between the financial statement carrying amounts of existing assets and liabilities and its tax bases and net operating loss and tax credit carryforwards.  The Company may, from time to time, be assessed interest or penalties by tax jurisdictions, although any such assessments historically have been minimal and immaterial to its financial results.  In the event the Company has such an assessment from a taxing authority, it is its accounting policy to recognize any interest and penalties as a component of income tax.  We, together with one of our entities, have elected to treat certain subsidiaries as a taxable REIT subsidiary (a “TRS”) for federal income tax purposes. Certain activities that we undertake must be conducted by a TRS, such as non-customary services for our tenants, and holding assets that we cannot hold directly. A TRS is subject to federal and state income taxes. The Company has concluded that there are no significant uncertain tax positions requiring recognition in its financial statements. Neither the Company nor its subsidiaries have been assessed any significant interest or penalties for tax positions by any tax jurisdictions.

 

Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled.  The effect on deferred tax assets and liabilities of a change in tax rates is recognized in income in the period that includes the enactment date.

 

The provision (benefit) for income taxes consists of the following for the years ended December 31, 2023 and 2022:

 

  

December 31, 2023

  

December 31, 2022

 

Current income tax expense (benefit)

        

Federal

 $100,036  $20,265 

State

  (89,054)  1,195,608 

Total current income tax expense (benefit)

  10,982   1,215,873 
         

Deferred income tax expense (benefit)

        

Federal

  (289,480)  211,627 

State

  (57,282)  - 

Total deferred income tax expense (benefit)

  (346,762)  211,627 
         

Change in Valuation Allowance

  -   (211,627)

Total income tax (benefit) expense

 $(335,780) $1,215,873 
         

 

Income tax provision differed from the amount computed by applying the U.S. federal income tax rate of 21% to income (loss) before taxes, as follows:

 

  

December 31, 2023

  

December 31, 2022

 
         

Taxes at federal statutory rate

 $2,696,767  $567,294 

State Taxes

  21,821   1,195,608 

REIT entities not subject to tax

  1,445,837   - 

Pass through entities not subject to tax

  (2,135,580)   

Deconsolidation adjustment

  (1,303,720)  - 

Non-controlling interest

  (636,527)  (758,656)

True Up Adjustment

  (424,378)  - 

Change In Valuation Allowance

  -   211,627 
         

Total income tax (benefit) expense

 $(335,780) $1,215,873 

 

The tax effects of temporary differences which give rise to significant portions of deferred tax assets are as follows as of December 31:

 

  

For The Years Ended

 
  

2023

  

2022

 
         
         

Deferred Tax Assets

        

Deferred Revenue

 $42,792   - 

State Taxes

  781   - 

Fixed Asset

  278,646   - 

Start up costs

  24,543   211,627 

Total deferred tax asset

  346,762   211,627 
         

Deferred Tax Liabilities

        

Basis difference in investments

  -   - 

Net deferred tax assets

  346,762   211,627 
         

Valuation allowance

  -   (211,627)

Net deferred tax assets (liability)

 $346,762  $- 

 

In 2022, the Company recognized a valuation allowance of  $211,627 against the deferred tax assets generated by the Murphy Canyon Acquisition Company. As of September 23, 2023, the Company deconsolidated with Murphy Canyon Acquisition Company, and no longer have a valuation allowance recorded to the company's deferred tax asset.  Management assessed the available positive and negative evidence to estimate whether sufficient future taxable income will be generated to permit use of the existing deferred tax assets.  A significant piece of objective positive evidence evaluated was the history of cumulative income for Model Homes Inc. incurred over the three-year period ended December 31, 2023. Such objective evidence provides support for no valuation allowance to be recorded for the year ended December 31, 2023.

 

The Company files income tax returns in the U.S. federal jurisdiction and various state jurisdictions.  The Company is no longer subject to U.S. federal, state, and local or non-U.S. income tax examinations by tax authorities for years before 2019.        

 

In December 2023, the FASB issued ASU 2023-09, Income Taxes (Topic 740): Improvements to Income Tax Disclosures, which improves income tax disclosures through enhanced disaggregation within the rate reconciliation table and disaggregation of income taxes paid by jurisdiction. The amendment is effective for fiscal years beginning after December 15, 2024 and early adoption is permitted. The amendments should be applied on a prospective basis, however, retrospective application is permitted. We are currently evaluating the impact of adopting this ASU on our disclosures.