FLEXIBLE SOLUTIONS INTERNATIONAL INC Income Taxes Disclosure
12. INCOME TAXES
The provision for income tax expense (benefit) is comprised of the following:
| 2025 | 2024 | |||||||
| Current tax, federal | $ | 673,742 | $ | 405,475 | ||||
| Current tax, state | 50,564 | 183,429 | ||||||
| Current tax, foreign | 19,878 | 115,540 | ||||||
| Current tax, total expense | 744,184 | 704,444 | ||||||
| Deferred income tax, federal | 114,484 | 101,053 | ||||||
| Deferred income tax, state | 40,915 | 45,714 | ||||||
| Deferred income tax, foreign | ||||||||
| Deferred income tax, total expense (benefit) | 155,399 | 146,767 | ||||||
| Total | $ | 899,583 | $ | 851,211 | ||||
Income taxes paid in cash, net refunds received, during the years ended December 31, 2025 and 2024 were as follows:
| United States | $ | (107,188 | ) | $ | 52,367 | |||
| State of Illinois | ||||||||
| Canada | 927,345 | |||||||
| Total | $ | 820,157 | $ | 52,367 |
The following table reconciles the income tax expense at the U.S. Federal statutory rate to income tax expense at the Company’s effective tax rates.
| 2025 | 2024 | ||||||||||||||
| $ | % | $ | % | ||||||||||||
| Income before income tax - United States | $ | 4,561,178 | $ | 4,472,950 | |||||||||||
| Income before income tax - Canada | (627,055 | ) | 479,850 | ||||||||||||
| Income before income tax - Panama | (666,745 | ) | |||||||||||||
| Income before income tax | 3,267,378 | 4,952,800 | |||||||||||||
| US federal statutory tax rate | 686,149 | 21.0 | % | 1,040,088 | 21 | % | |||||||||
| Illinois state income tax, net of federal tax benefit | 344,367 | 10.5 | % | 371,708 | 7.5 | % | |||||||||
| Foreign tax effects - Canada | 151,906 | 4.7 | % | (35,952 | ) | (0.7 | )% | ||||||||
| Foreign tax effects – Panama | 140,016 | 4.3 | % | ||||||||||||
| Valuation allowance | (49,801 | ) |
(1.5 | )% | (395,348 | ) | (8.0 | )% | |||||||
Nontaxable or nondeductible items: | |||||||||||||||
Income attributable to non-controlling interests in pass-through entities | (410,808 | ) | (12.6 | )% | (283,414 | ) | (5.7 | ) | |||||||
Other | 1,314 | % | 64,857 | 1.3 | % | ||||||||||
Other adjustments | 36,440 | 1.1 | % | 89,272 | 1.8 | % | |||||||||
| Total | $ | 899,583 | 27.5 | % | $ | 851,211 | 17.2 | % | |||||||
Deferred taxes reflect the tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes. Deferred tax assets (liabilities) at December 31, 2025 and 2024 are comprised of the following:
| 2025 | 2024 | |||||||
| Canada | ||||||||
| Non-capital loss carryforwards | $ | 1,225,583 | $ | 1,059,468 | ||||
| Share issuance costs | 2,324 | 1,024 | ||||||
| Property, equipment and leaseholds | 33,978 | 27,995 | ||||||
| 1,261,885 | 1,088,487 | |||||||
| Valuation allowance | (1,261,885 | ) | (1,088,487 | ) | ||||
| Net deferred tax asset | $ | $ | ||||||
| United States | ||||||||
| Net operating loss carryforwards | $ | 2,917 | $ | 190,024 | ||||
| Property, equipment and leaseholds | 308,583 | 502,646 | ||||||
| Deferred tax asset | 311,500 | 692,670 | ||||||
| Intangible assets | (487,567 | ) | (516,414 | ) | ||||
| Investments | (98,433 | ) | (105,322 | ) | ||||
| Valuation allowance | (2,917 | ) | (192,953 | ) | ||||
| Net deferred tax liability | $ | (277,417 | ) | $ | (122,019 | ) | ||
| Panama | ||||||||
| Net operating loss carryforwards | $ | 166,686 | $ | |||||
| Valuation allowance | (166,686 | ) | ||||||
| Net deferred tax liability | $ | (277,417 | ) | $ | (122,019 | ) |
The Company has non-capital loss carryforwards of $5,328,621 which may be carried forward to apply against future year income tax for Canadian income tax purposes, subject to the final determination by taxation authorities, expiring in the following years:
| Loss | ||||
| 2030 | $ | 31,050 | ||
| 2031 | 908,846 | |||
| 2032 | 594,293 | |||
| 2037 | 1,633,234 | |||
| 2039 | 144,912 | |||
| 2040 | 415,910 | |||
| 2041 | 316,051 | |||
| 2042 | 330,847 | |||
| 2043 | 233,120 | |||
| 2044 | 195,057 | |||
| 2045 | 525,301 | |||
| Total | $ | 5,328,621 | ||
As at December 31, 2025, the Company has federal and state income tax net operating loss carryforwards of $10,234 available for US tax purposes. The NOLs carry forward indefinitely, with utilization limited to offsetting up to 80% of taxable income in any given year.
As at December 31, 2025, the Company has income tax net operating loss carryforwards of $666,745 available for Panama tax purposes. The NOLs carry forward five years.
The Company’s federal income tax returns for fiscal years 2022 through 2025 remain open and subject to examination.
The Company recognizes income tax liabilities from uncertain tax positions where there is uncertainty as to whether a tax position is sustainable using the more-likely-than-not threshold. During the years ended December 31, 2025 and 2024, the total liability for uncertain tax positions changed by $(161,320) and $419,214, respectively, primarily due to increased liabilities based on existing tax positions. As of December 31, 2025 and 2024, the Company has recognized liabilities for uncertain tax positions of $1,964,485 and $2,125,805, respectively, which is included in income taxes payable on the consolidated balance sheets. All recorded uncertain tax positions impact the Company’s effective tax rate.
Subsequent to December 31, 2025, based on discussions with its tax consultants, management determined that the Company is responsible for paying income taxes with respect to tax positions taken since 2019. This determination confirms the existence of the liability previously accrued by the Company. The liability recorded as of December 31, 2025 represents management’s best estimate of the obligation based on information available at the balance sheet date. Management is currently working with its tax consultants to assess the full extent of the obligation, and any adjustment to the estimated recorded liability resulting from this process will be reflected in the period in which the change in estimate is identified.
Additionally, the Company has accrued interest and penalties related to these tax liabilities, which are recorded as a component of income tax expense (benefit). As of December 31, 2025 and 2024, the Company recorded a change of $277,262 and $333,086 in accrued interest and penalties. At December 31, 2025 and 2024, the Company had accrued cumulative interest and penalties of $1,064,926 and $787,664, respectively, which is included in income taxes payable on the consolidated balance sheets. Given the confirmation of the underlying tax liability, the Company expects that interest and penalties will continue to accrue until the matter is resolved with the taxing authorities.
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Historical Timeline
| Fiscal Year | Filed | |
|---|---|---|
| 2025 | Apr 15, 2026 | Showing above |
| 2024 | Mar 31, 2025 | |
| 2023 | Apr 1, 2024 | |
| 2022 | Mar 31, 2023 | |
| 2021 | Mar 29, 2022 | |
| 2020 | Mar 31, 2021 | |
| 2019 | Mar 30, 2020 | |
| 2017 | Apr 2, 2018 | |
| 2016 | Mar 31, 2017 | |
| 2015 | Mar 29, 2016 | |
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.