Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

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INCOME TAXES
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
INCOME TAXES

NOTE 10 – INCOME TAXES

 

During 2018, the Company had no current tax liabilities, however, the Company was able to recover $215,000 of taxes previously paid from utilization of its net operating loss carry forwards. The Company has no provision for income taxes during the year ended December 31, 2017.

 

    Years Ended December 31,  
    2018     2017  
Current                
Federal   $     $  
State            
Deferred                
Federal     195,000        
State     20,000        
Income tax benefit   $ 215,000     $  

   

The reconciliation of the effective income tax rate to the federal statutory rate is as follows:

 

    Years Ended December 31,  
    2018     2017  
Federal income tax rate     (21 )%     (34 )%
State tax, net of federal benefit     (8 )%     (8 )%
Change in accrued liabilities     2 %     9 %
Change in valuation allowances     27 %     33 %
Effective income tax rate              — %                — %

 

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial statement purposes and the amounts used for income tax purposes. Significant components of the Company’s deferred tax assets and liabilities at December 31, 2018 and 2017 are as follows:

 

    December 31,
2018
    December 31,
2017
 
Deferred tax assets:                
Inventory reserves   $ 210,283     $ 221,053  
Accrued liabilities     120,251       138,160  
Net operating loss carryover     326,515        
Deferred tax liability:                
Accumulated depreciation     (86,562 )     (145,935 )
                 
Net deferred tax assets     570,487       213,278  
Valuation allowance     (570,487 )     (213,278 )
Net deferred tax assets, net of valuation allowances   $     $  

 

Effective January 1, 2007, the Company adopted FASB guidelines that address the determination of whether tax benefits claimed or expected to be claimed on a tax return should be recorded in the financial statements. Under this guidance, 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 tax benefits recognized in the financial statements from such a position should be measured based on the largest benefit that has a greater than fifty percent likelihood of being realized upon ultimate settlement. This guidance also provides guidance on derecognition, classification, interest and penalties on income taxes, accounting in interim periods and requires increased disclosures. At the date of adoption, and as of December 31, 2018 and 2017, the Company did not have a liability for unrecognized tax benefits, and no adjustment was required at adoption.

 

The Company files income tax returns in the U.S. federal jurisdiction and various states. The Company is subject to U.S. federal or state income tax examinations by tax authorities for tax years after 2010.

 

The Company’s policy is to record interest and penalties on uncertain tax provisions as income tax expense. As of December 31, 2018 and 2017, the Company had no accrued interest or penalties related to uncertain tax positions. Additionally, tax years 2010 through 2018 remain open to examination by the major taxing jurisdictions to which the Company is subject.

 

Authoritative guidance issued by the ASC Topic 740 – Income Taxes requires that a valuation allowance be established when it is more likely than not that all or a portion of deferred tax assets will not be realized. The Company considers all evidence available when determining whether deferred tax assets are more likely-than-not to be realized, including projected future taxable income, scheduled reversals of deferred tax liabilities, prudent tax planning strategies, and recent financial operations. The evaluation of this evidence requires significant judgement about the forecast of future taxable income is consistent with the plans and estimates we are using to manage the underlying business. Based on their evaluation, the Company determined that the net deferred tax assets of approximately $570,000 during 2018, do not meet the requirements to be realized, and as such, the Company has provided a full valuation allowance against them.

 

As of December 31, 2018 and 2017, the Company had refundable (federal and state) income taxes in the accompanying balance sheet, which consisted of refunds of income taxes paid during the first half of 2017, and carry back claims of income taxes in two consecutive prior years.    At December 31, 2017, balance of the Company’s refundable income taxes was $629,316.   During 2018, the Company received the $128,400 refundable state income taxes.   The Company also calculated additional refundable income taxes based on the results of its operations during the year ended December 31, 2018 of $215,000.   As such, balance of refundable income taxes at December 31, 2018 was $715,916.   Subsequently in March 2019, the Company received the refundable federal income taxes for 2017 of approximately $500,000.