8. Income Taxes

 

The Company adopted ASU 2023-09 on a prospective basis as of January 1, 2025, which resulted in additional income tax disclosures for the rate reconciliation and related to income taxes paid for 2025. Given that the Company elected to adopt ASU 2023-09 prospectively, the 2024 rate reconciliation is not disaggregated in accordance with 2023-09 and the income taxes paid is not presented by jurisdiction.

 

The following table summarizes disaggregated loss from continuing operations before income tax expense:

 

   Domestic   Foreign   Total 
Loss before income tax expense from continuing operations               
Federal  $(10,934,578)  $-   $(10,934,578)
State   (1,712,911)   -    (1,712,911)
Foreign   -    (6,704,808)   (6,704,808)
Total continuing operation  $(12,647,489)  $(6,704,808)  $(19,352,297)

 

Income tax expense (benefit) from continuing operations or the fiscal year ended December 31, 2025 consisted of the following:

 

   Current   Deferred   Total 
2025               
Federal  $-   $(2,042,695)  $(2,042,695)
State   -    (516,688)   (516,688)
Foreign   -    (1,641,617)   (1,641,617)
   $-   $(4,201,000)  $(4,201,000)
Valuation allowance   -    4,201,000    4,201,000 
Income tax expense  $-   $-   $- 

 

The provision for income taxes for the fiscal year ended December 31, 2025 differed from the amount computed by applying the federal statutory income tax rate due to:

   Amount   Percent 
U.S. Federal Statutory Income Tax and Rate  $(2,656,369)   (21.0)%
State and Local Income Taxes, Net of Federal Income Tax Effect (1)   (364,757)   (0.5)%
           
Foreign Tax Effects   (1,641,617)   (2.1)%
           
Changes in Unrecognized Tax Benefits          
Share compensation   345,850    0.5%
Other   19,201    0.0%
Tax Credits          
Research and Development Tax Credit   (40,000)   (0.00)%
Nontaxable and nondeductible items          
Share Based Compensation   131,152    0.2%
Other   5,539    0.0%
Changes in Valuation Allowance   4,201,000    22.9%
Effective Tax Rate  $-    0.0%

 

  (1) State taxes in Florida, New York, New Jersey and Massachusetts make up the majority (more than 50%) of the tax effect of this category.

 

 

Worksport Ltd.

Notes to the Consolidated Financial Statements

December 31, 2025 and 2024

 

8. Income Taxes (continued)

 

A reconciliation of the statutory U.S. federal income tax rate to the effective tax rate for the period before the adoption of ASU 2023-09 was as follows:

 

   2024 
Federal statutory income tax rate   21.0%
State taxes, net of federal benefits   (0.7)%
Share based compensation   1.3%
Other   1.3%
Effective income tax rate   22.9%
Income tax benefit   (3,383,000)
Estimated research and development credit   (90,000)
Increase in valuation allowance   3,473,000 
Provision for income taxes  $- 

 

Income taxes paid (net or refunds) consisted of the following:

 

   2025 
Federal  $-
State   2,420
Foreign   -
Total income taxes paid   2,420

 

Income taxes paid (net of refunds) was $62 for the year ended December 31, 2024.

 

Income taxes paid, net of refunds, exceeded five (5) percent of total income taxes paid (net of refunds) in the following jurisdictions:

 

   2025 
State     
New Jersey  $2,138
New York   150
Massachusetts   132
State   2,420
Foreign   -
Total income taxes paid   2,420

 

The tax effects of temporary differences that give rise to the deferred income tax assets at December 31, 2025 and 2024 are as follows:

 

   2025   2024 
Net operating loss carry forwards  $13,618,000  $10,029,000 
Differences in basis of depreciation of property and equipment   417,000   465,000 
Share based compensation   2,012,000   1,352,000 
Research and development credit   180,000   180,000 
 Deferred tax asset, gross   16,227,000   12,026,000 
Deferred tax assets not recognized   (16,227,000)   (12,026,000)
Net deferred tax asset  $-  $- 

 

Deferred income taxes within each jurisdiction on the balance sheets at December 31, 2025 and 2024 are as follows:

 

   2025   2024 
United States  $10,118,000  $7,488,000 
Canada   6,109,000   4,538,000 
Deferred income taxes   16,227,000   12,026,000 
Valuation allowance   (16,227,000)   (12,026,000)
Net deferred tax asset  $-  $- 

 

The Company has non-capital losses carried forward of approximately $58,867,000 available to reduce future years’ taxable income. These losses will expire as follows:

 

   United States   Canada   Total 
2034  $53,000   $183,000   $236,000 
2035   161,000    368,000    529,000 
2036   868,000    262,000    1,130,000 
2037   1,472,000    59,000    1,531,000 
2038   -    520,000    520,000 
2039   -    193,000    193,000 
2040   -    718,000    718,000 
2041   -    2,854,000    2,854,000 
2042   -    3,771,000    3,771,000 
2043        2,686,000    2,686,000 
2044   -    5,032,000    5,032,000 
2045   -    6,197,000    6,197,000 
Non-capital losses carried forward Total  $2,554,000   $22,843,000   $25,397,000 
Never expire  $33,470,000   $-   $33,470,000 

 

 

Worksport Ltd.

Notes to the Consolidated Financial Statements

December 31, 2025 and 2024

 

8. Income Taxes (continued)

 

Realization of deferred tax assets is dependent, in part, upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers projected future taxable income, tax planning strategies and carryback opportunities in making its assessment of the recoverability of tax assets. Net operating loss carryforwards of approximately $58,867,000 may be offset against future taxable income. No tax benefit from these losses have been reported in the December 31, 2025 consolidated financial statements since the potential tax benefit is offset by a valuation allowance of the same amount.

 

Due to change in ownership provisions of the Tax Reform Act of 1986, net operating loss carryforwards for Federal income tax reporting purposes are subject to annual limitations. Should a change in ownership occur, net operating loss carryforwards may be limited as to use in future years.

 

The Company complies with the provisions of ASC 740 in accounting for its uncertain tax positions. ASC 740 addresses the determination of whether tax benefits claimed or expected to be claimed on a tax return should be recorded in the financial statements. Under ASC 740, the Company may recognize the tax benefit from an uncertain tax position only if it is more likely than not that the tax position will be sustained on examination by the taxing authorities, based on the technical merits of the position. The Company has determined that the Company has no significant uncertain tax positions requiring recognition under ASC 740.

 

The Company does not expect the amount of unrecognized tax benefits to materially change within the next twelve months.

 

The Company is subject to income taxes in the U.S. and in various states and foreign jurisdictions. Tax regulations with each jurisdiction are subject to the interpretation of the related tax laws and regulations and require the application of significant judgment. The Company is no longer subject to U.S. federal, state, and local income tax examinations by tax authorities for tax years ending before December 31, 2020 in the U.S. The Company is no longer subject to non-U.S. income tax examinations by tax authorities for tax years ending before December 31, 2014.

 

Historical Timeline

Fiscal YearFiled
2025Mar 26, 2026Showing above
2024Mar 27, 2025
2022Mar 31, 2023
2021Mar 31, 2022
2015May 9, 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.