Note 12 – Tax Provision 

 

The Company has evaluated the positive and negative evidence in assessing the realizability of its deferred tax assets. This assessment included the evaluation of scheduled reversals of deferred tax liabilities, estimates of projected future taxable income and tax planning strategies to determine which deferred tax assets are more likely than not to be realized in the future. Due to uncertainty about the Company’s ability to utilize its deferred tax assets, the Company has recorded a full valuation allowance against its deferred tax assets.

 

On December 31, 2025, the Company’s net operating loss carryforward for Federal income tax purposes was $128,566,840, which will be available to offset future taxable income. If not used, these carry forwards will begin to expire in 2032, except for the net operating losses generated January 1, 2018 and after, which can be carried forward indefinitely.

 

There was no income tax expense or benefit for the years ended December 31, 2025 and 2024 due to the full valuation allowance recorded.

 

The reconciliation of the income tax benefit is computed at the U.S. federal statutory rate as follows:

 

Schedule of effective income tax rate reconciliation          
   2025  2024
       
Federal Statutory Tax Rate   21.00%   21.00%
Permanent Differences   (6.93%)   (1.57%)
Change in Valuation Allowance   (14.07%)   (19.43%)
Net deferred tax asset        

 

The tax effects of temporary differences which give rise to significant portions of deferred tax

 

assets or liabilities on December 31 are as follows:

 

          
   2025  2024
Deferred Tax Assets:          
Net Operating Losses  $32,585,266   $31,444,821 
Accrued Interest/Interest Expense Limitation   5,311,062    2,251,164 
Total deferred tax assets   37,896,328    33,695,985 
           
Deferred Tax Liabilities:          
Depreciation   (235,827)   (145,467)
Total deferred tax liabilities   (235,827)   (145,467)
           
Less: Valuation allowance   (37,660,500)   (33,550,518)
Total Net Deferred Tax Assets  $   $ 

  

The Company continually evaluates expiring statutes of limitations, audits, proposed settlements, changes in tax law and new authoritative rulings. The open tax years subject to examination with respect to the Company’s operations are 2015 through 2025.

 

Historical Timeline

Fiscal YearFiled
2025Apr 15, 2026Showing above
2024Jul 11, 2025
2023Mar 29, 2024
2022Mar 31, 2023

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.