Sports Entertainment Gaming Global Corp Income Taxes Disclosure
10. Income Taxes
The Company’s pre-tax income (loss) by jurisdiction was as follows for the years ending December 31, 2022 and December 31, 2021;
| Year ended | Year ended | |||||||
| December 31, 2022 | December 31, 2021 | |||||||
| Domestic | $ | (58,379,329 | ) | $ | (55,259,603 | ) | ||
| Foreign | $ | (1,899,580 | ) | 684,622 | ||||
| Total | $ | (60,278,909 | ) | $ | (54,574,981 | ) | ||
The provision for income taxes for continuing operations for the year ended December 31, 2022 and 2021 consist of the following:
Year ended December 31, 2022 | Year ended December 31, 2021 | |||||||
| Current income taxes | ||||||||
| Federal | (16,846 | ) | ||||||
| State | 104,356 | 5,578 | ||||||
| Foreign | ||||||||
| Total current income taxes | 104,356 | (11,268 | ) | |||||
| Deferred income taxes | ||||||||
| Federal | (1,757,535 | ) | ||||||
| State | ||||||||
| Foreign | 104,467 | |||||||
| Total deferred income taxes | (1,653,067 | ) | ||||||
| Valuation allowance | ||||||||
| Total income tax expense (benefit) | 104,356 | (1,664,335 | ) | |||||
A reconciliation between the amount of reported income tax expense (benefit) and the amount computed by multiplying income from continuing operations before income taxes by the statutory federal income tax rate is shown below. Income tax expense for the year ended December 31, 2022 includes state minimum taxes, permanent differences, and deferred tax assets for which a full valuation allowance has been placed. A corresponding tax expense is included for the year ended December 31, 2022 to reflect the increase in the valuation allowance.
Year ended December 31, 2022 | Year ended December 31, 2021 | |||||||
| Tax Expense at statutory federal rate of 21% | $ | (12,680,485 | ) | $ | (11,460,747 | ) | ||
| State income taxes, net of federal income tax benefit | 34,594 | |||||||
| Foreign rate differential | (135,255 | ) | 127,739 | |||||
| Permanent differences | 37,919 | 2,106,611 | ||||||
| Other – Miscellaneous | ||||||||
| Change in valuation allowance | 12,825,669 | 7,562,061 | ||||||
| Income tax expense (benefit) | $ | 104,356 | $ | (1,664,335 | ) | |||
Deferred income taxes reflect the tax effects of temporary differences between the carrying amount of assets and liabilities for financial reporting purposes and the amount used for income tax purposes. The following table discloses those significant components of our deferred tax assets and liabilities, including any valuation allowance:
| 2022 | 2021 | |||||||
| Long-term deferred tax assets: | ||||||||
| Federal net operating loss carryforwards | $ | 24,838,785 | $ | 20,145,126 | ||||
| Foreign net operating loss carryforwards | 625,440 | (321,330 | ) | |||||
| Stock compensation | 9,136,562 | 3,308,116 | ||||||
| Fixed assets | ||||||||
| Intangible assets | ||||||||
| Other | 19,540 | 19,540 | ||||||
| Total deferred tax assets before valuation allowance | $ | 34,620,327 | $ | 23,151,451 | ||||
| Deferred tax liabilities: | ||||||||
| Fixed assets | $ | (46,035 | ) | $ | 336,699 | |||
| Intangible assets | 478,213 | 1,452,273 | ||||||
| Total deferred tax liabilities | 432,178 | 1,788,972 | ||||||
| Valuation allowance | (34,188,149 | ) | (21,362,480 | ) | ||||
| Net deferred tax assets and liabilities | $ | $ | ||||||
Due to the Global Gaming acquisition and the recording of related deferred tax liabilities, the Company released approximately $1,600,000 of valuation allowance since the additional deferred tax liabilities represent a future source of taxable income. For the year ended December 31, 2022, the valuation allowance increased by approximately $12,825,669. the Company believes a full valuation allowance against the net deferred tax asset is appropriate at this time. The Company will continue to evaluate the realizability of its deferred tax assets in future years.
At December 31, 2021, our carryforwards available to offset future taxable income consisted of federal net operating loss (“NOL”) carryforwards of approximately $116,408,640, $21,739,564 of which expires between 2036 and 2037 and $94,564,720 of which has no expiration date.
We account for uncertain tax positions in accordance with ASC 740-10-25, which prescribes a comprehensive model for the financial statement recognition, measurement, presentation and disclosure of uncertain tax positions taken or expected to be taken in income tax returns. We have not recorded any unrecognized tax benefits as of December 31, 2022.
Our practice is to recognize interest and penalties related to income tax matters in income tax expense in our consolidated statements of operations. We did not have any interest or penalties on unrecognized tax benefits accrued at December 31, 2022.
The Company files U.S. federal and state returns. The Company’s foreign subsidiary also files a local tax return in their local jurisdiction. From a U.S. federal, state and Mexican perspective the years that remain open to examination are consistent with each jurisdiction’s statute of limitations. The Company has not filed its 2021 and 2022 U.S. federal and state corporate income tax returns. The Company’s foreign subsidiary in Mexico is current with the filing of its tax returns through 2022. The Company expects to file these documents as soon as possible. While the Company is in a net loss position and expects no income tax amounts to be due except for minimum state and local income taxes, the Company is at risk for failure to file. As of the date of this Report, the Company has not been informed that such penalties have been assessed, therefore no accrual for such has been recorded in the Company’s financial statements. The Company’s federal income tax returns for the years 2017-2022 remain subject to examination by the Internal Revenue Service.
Historical Timeline
| Fiscal Year | Filed | |
|---|---|---|
| 2022 | Jun 15, 2023 | Showing above |
| 2021 | Apr 1, 2022 | |
| 2020 | Mar 30, 2021 | |
| 2019 | Mar 16, 2020 | |
| 2018 | Mar 27, 2019 | |
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.