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Income Tax
 9 Months Ended
Sep. 30, 2016
Income Tax [Abstract]  
INCOME TAX

17. INCOME TAX

 

The Company’s Chinese subsidiaries are governed by the Income Tax Law of the PRC concerning privately-run enterprises, which are generally subject to tax at 25% on income reported in the statutory financial statements after appropriate tax adjustments.  Under the Chinese tax law, the tax treatment of finance and sales-type leases is similar to US GAAP.  However, the local tax bureau continues to treat CREG sales-type leases as operating leases. Accordingly, the Company recorded deferred income taxes.

 

The Company’s subsidiaries generate all of their net income from their PRC operations. Yinghua and Shanghai TCH’s effective income tax rate for 2016 and 2015 was 25%. During 2013, Xi’an TCH was re-approved for high tech enterprise status and enjoyed 15% preferential income tax rate for three years effective January 1, 2013 through December 31, 2015, and is subject to 25% income tax rate in 2016 unless the renewal of preferential income tax rate is approved by the tax authority. Huahong, Zhonghong and Erdos TCH’s effective income tax rate for 2016 and 2015 was 25%. Yinghua, Shanghai TCH, Xi’an TCH, Huahong, Zhonghong and Erdos TCH file separate income tax returns.

 

There is no income tax for companies domiciled in the Cayman Islands. Accordingly, the Company’s consolidated financial statements do not present any income tax provisions related to Cayman Islands tax jurisdiction where Sifang Holding is domiciled.

 

The US parent company, China Recycling Energy Corporation, is taxed in the US and, as of September 30, 2016, had net operating loss (“NOL”) carry forwards for income taxes of $14.03 million, which may be available to reduce future years’ taxable income as NOLs can be carried forward up to 20 years from the year the loss is incurred. Our management believes the realization of benefits from these losses may be uncertain due to the US parent company’s continuing operating losses. Accordingly, a 100% deferred tax asset valuation allowance was provided.

 

The following table reconciles the US statutory rates to the Company’s effective tax rate for the nine and three months ended September 30, 2016 and 2015, respectively:

 

  Nine Months  Three Months 
  2016  2015  2016  2015 
U.S. statutory rates  34.0%  34.0%  34.0%  34.0%
Tax rate difference – current provision  (11.1)%  (9.3)%  (12.2)%  (9.3)%
Effective tax holiday  -%  (7.9)%  -%  (6.4)%
Other  4.6%  (3.6)%  14.9%  -%
Prior periods income tax adjustment per income tax return filed  (1.0)%  -%  (3.2)%  -%
Valuation allowance on PRC NOL  (80.0)%  -%  (19.9)%  -%
Valuation allowance on US NOL  7.9%  1.0%  5.9%  1.3%
Tax per financial statements  (45.6)%  14.2%  19.5%  19.6%

  

The provision for income taxes expense for the nine and three months ended September 30, 2016 and 2015 consisted of the following:

 

  Nine Months  Three Months 
  2016  2015  2016  2015 
Income tax expense – current $1,211,424  $4,466,774  $305,516  $730,828 
Income tax expense (benefit) - deferred  (2,073,235)  (1,370,648)  (194,559)  65,835)
Total income tax expense (benefit) $(861,811) $3,096,126  $110,957  $796,663