BIO KEY INTERNATIONAL INC Income Taxes Disclosure

NOTE P—INCOME TAXES

 

The components of net loss consist of the following:

 

		Year ended				Year ended
		December 31,				December 31,
		2024				2023
United States		$	(2,767,752	)		$	(7,279,970	)
Hong Kong			(222,901	)			(627,146	)
Nigeria			(223,426	)			(203,700	)
Spain			(1,086,613	)			(411,021	)
Total		$	(4,300,692	)		$	(8,521,837	)

 

There was no provision for current federal, foreign or state taxes for both of the years ended December 31, 2024 and 2023 as a result of taxable losses incurred in these jurisdictions. The provision for income tax benefits consist of the following (in thousands):

 

		Year ended				Year ended
		December 31,				December 31,
		2024				2023
Current – federal,		$	-			$	-
state
foreign
Deferred- Federal							40,986
States
Foreign			(22,998	)			(175,000	)
Total			(22,998	)			(134,014	)
Change in valuation allowance
Provision for income tax expense (benefit)		$	(22,998	)		$	(134,014	)

 

Significant components of deferred tax assets and liabilities are as follows at December 31, 2024 and 2023 :

 

		December 31,				December 31,
		2024				2023
Accrued compensation		$	154,457			$	112,201
Allowance for doubtful accounts			20,513				90,405
Research and development expenses			1,216,601				1,017,551
Capital loss carry forward			114,251				114,251
Stock-based compensation			34,299				32,408
Equipment and leasehold improvements			(6,268	)			(12,353	)
Intangible assets - US			-				-
Intangible assets - Foreign			-				(145,000	)
Reserve - Foreign			-				150,000
Inventory reserve			781,213				828,668
Interest expense			-				-
Operating lease liabilities			(16,346	)			-
Other			1,000				1,000
Tax credits			1,554,541				1,748,235
Operating lease right-of-use assets			16,406				206
Net operating loss and research and credit carryforwards			11,824,622				13,277,118
Valuation allowance			(15,740,289	)			(17,214,690	)
Net deferred tax liability		$	-			$

 

The Company has a valuation allowance against the full amount of its net deferred taxes due to the uncertainty of realization of the deferred tax assets due to operating loss history of the Company. The Company currently provides a valuation allowance against deferred taxes when it is more likely than not that some portion, or all of its deferred tax assets will not be realized. The valuation allowance could be reduced or eliminated based on future earnings and future estimates of taxable income. With a full valuation allowance, any change in the deferred tax asset or liability is fully offset by a corresponding change in the valuation allowance. At December 31, 2024 and 2023, the Company provided a valuation allowance on its net deferred tax assets of $15,740,289 and $17,214,690 respectively.

 

As of December 31, 2024, the Company has U.S. federal net operating loss carryforwards of approximately $54.6 million. Approximately $36 million are subject to expiration between 2025 and 2037, and $18.6 million net operating loss carryforwards have no expiration date. These net operating loss carryforwards could be subject to the limitations under Section 382 of the Internal Revenue Code due to changes in the equity ownership of the Company. In addition, the Company has net operating loss carry forwards from various states of approximately $5.9 million which expire from 2026 through 2043.

 

A reconciliation of the effective income tax rate on operations reflected in the statements of operations to the US federal statutory income tax rate is presented below.

 

		Year ended				Year ended
		December 31,				December 31,
		2024				2023
Federal statutory income tax rate			21	%			21	%
State taxes, net of federal benefit			0.82				(1.41	)
Permanent differences			(1.84	)			1.97
Expiration of net operating loss and research credit carryforwards			(46.14	)			(7.84	)
Expiration and forfeiture of stock options			-				-
foreign rate differential			(7.23	)			(5.84	)
rate change			(0.41	)			(1.05	)
Other			0.14				(9.08	)
Valuation allowance			33.98				(0.24	)
Effective tax rate			0.32	%			(2.5	)%

 

The Company has not been audited by the Internal Revenue Service (“IRS”) or any states in connection with income taxes. The Company files income tax returns in the U.S. federal jurisdiction and various state jurisdictions. The periods from 2020 through 2024 remain open to examination by the IRS and state jurisdictions.

 

The Company's subsidiary in Nigeria has not filed its required returns since inception. Management believes that when the returns are filed, no taxes will be owed due to the losses incurred during those periods. The Company is not subject to minimum tax during the first four years of operations. As a result, management could not calculate the amount of net operating loss carryforwards that are available to offset future taxable income. We estimate that the potential penalties for non-filing will be minimal due to the losses.  The Company is currently working on the filings and expects to be current by December 31, 2025.

 

The Company's subsidiary in Hong Kong has not filed its required returns in several years. Management believes that when the returns are filed, no taxes will be owed due to losses incurred during those periods. As a result, management could not calculate the amount of net operating loss carryforwards are available to offset future taxable income.  We estimate that the potential penalties for non-filing will be minimal due to the losses.  The Company will be working on the filings during 2025 and expects to be current in 2026.

 

The Company believes it is not subject to any tax audit risk beyond those periods. The Company’s policy is to recognize interest and penalties accrued on any unrecognized tax benefits as a component of income tax expense. The Company does not have any accrued interest or penalties associated with any unrecognized tax benefits, nor was any interest expense incurred during the years ended December 31, 2024 and 2023.