Brand Engagement Network Inc. Income Taxes Disclosure
NOTE K - INCOME TAX
Because of the Company’s continued losses, the company did not record a tax provisions for the years ended December 31, 2025 and 2024. The components of our deferred tax assets are as follows:
| December 31, | ||||||||
| 2025 | 2024 | |||||||
| Deferred Tax Assets: | ||||||||
| Intangible assets | $ | 1,020,000 | $ | 1,020,000 | ||||
| Section 174 | 70,000 | 70,000 | ||||||
| Accrued expenses | 860,000 | 860,000 | ||||||
| Federal net operating losses | 6,205,786 | 4,450,000 | ||||||
| Research and development credit | 18,971 | 40,000 | ||||||
| Total deferred tax assets | 8,174,757 | 6,440,000 | ||||||
| Less: Valuation allowance | (8,061,732 | ) | (6,320,000 | ) | ||||
| Net Deferred Tax Assets: | $ | 113,025 | $ | 120,000 | ||||
| Deferred Tax Liabilities: | ||||||||
| Fixed assets | $ | (113,025 | ) | $ | (120,000 | ) | ||
| Net Deferred Tax Liability | $ | $ | ||||||
A reconciliation of the statutory income tax rate to the effective tax rate is as follows:
| December 31, | ||||||||
| 2025 | 2024 | |||||||
| Federal rate | $ | (1,811,341 | ) | $ | (7,080,000 | ) | ||
| Stock compensation | 107,931 | 289,000 | ||||||
| Impairment loss | 2,830,000 | |||||||
| Change in fair value of warrant liability | (41,431 | ) | (209,000 | ) | ||||
| Federal RTP | (25,000 | ) | ||||||
| Deferred tax adjustment | (347,000 | ) | ||||||
| Other | 3,110 | 102,000 | ||||||
| Change in valuation allowance | 1,741,731 | 4,440,000 | ||||||
| Income Tax Provision (Benefit) | ||||||||
As of the Company’s last filed Federal returns on December 31, 2025 and 2024, the Company has net operating losses of $6,205,786 and $4,974,489, respectively, available for carryforward to future years. These operating losses are indefinite lived, however their deductibility is limited under Internal Revenue Code 720.
As of December 31, 2025, the Company has a valuation allowance of $8,061,732 against all net domestic deferred tax assets, for which realization cannot be considered more likely than not at this time. The net change in the valuation allowance was $1,741,731 for the year ended December 31, 2025. Management assesses the need for the valuation allowance on an annual basis. In assessing the need for a valuation allowance, the Company considers all positive and negative evidence, including scheduled reversals of deferred tax liabilities, projected future taxable income, tax planning strategies, and past financial performance.
Wyoming has no corporate income tax.
The Company does not expect any material changes in the amount of unrecognized tax benefits within the next twelve months. The Company files tax returns as prescribed by the laws of the jurisdictions in which it operates. In the normal course of business, the Company is subject to examination by federal and state jurisdictions, where applicable. There are currently no pending tax examinations. The statute of limitations period is generally three years. Due to the extent of the net operating loss carryforward, however, all tax years remain open to examination.
Historical Timeline
| Fiscal Year | Filed | |
|---|---|---|
| 2025 | Apr 16, 2026 | Showing above |
| 2024 | Mar 31, 2025 | |
About Income Taxes Disclosures
The income tax disclosure reveals how much a company actually pays in taxes versus what the statutory rate would predict. Analysts focus on the effective tax rate (ETR) reconciliation, which breaks down every item driving the gap between the 21% federal rate and the company's reported ETR — including R&D credits, foreign rate differentials, and state taxes. Deferred tax assets (DTAs) and their valuation allowances signal management's confidence in future profitability: a rising allowance suggests the company doubts it can use accumulated tax benefits. Uncertain tax benefit (UTB) reserves quantify exposure to IRS challenges on aggressive positions.
Key signals to watch: sudden ETR drops without clear operational reasons, large increases in valuation allowances, growing UTB balances, and significant unremitted foreign earnings. Post-TCJA, pay attention to GILTI and BEAT provisions that affect multinational tax structures. Compare the cash taxes paid (from the cash flow statement) against the income tax provision to gauge earnings quality.