Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.19.3.a.u2
Income Taxes
12 Months Ended
Dec. 31, 2019
Income Taxes  
Income taxes

11.Income Taxes

 

On December 22, 2017, the U.S. government enacted comprehensive tax legislation commonly referred to as the Tax Cut and Jobs Act (“Tax Act”). The Tax Act makes broad and complex changes to the U.S. tax code that affects 2018. The Tax Act reduces the U.S. federal corporate tax rate from 35% to 21% for tax years beginning after December 31, 2017. In addition, the Tax Act makes certain changes to the depreciation rules and implements new limits on the deductibility of certain executive compensation.

 

A reconciliation of income taxes at the statutory Canadian income tax rate to net income taxes included in the accompanying statements of operations is as follows:

 

 

 

 

 

 

 

 

Year ended December 31,

 

2019

    

2018

    

2017

 

$

 

$

 

$

Income (loss) before income taxes

(8,425)

 

4,564

 

76

 

 

 

 

 

 

Statutory rate

26.50%

 

26.50%

 

26.50%

 

 

 

 

 

 

Taxes based on statutory rates

(2,232)

 

1,209

 

20

State tax

(958)

 

335

 

 -

Permanent differences

(40)

 

(164)

 

91

True-Ups and other

533

 

422

 

17,115

Effect of foreign rax rate difference

334

 

(379)

 

355

Change in valuation allowance

2,363

 

(1,423)

 

(17,581)

Total

 -

 

 -

 

 -

 

Deferred tax assets and liabilities reflect the net tax effects of net operating losses, credit carryforwards and temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and amounts used for income tax purposes. The components of the Company’s deferred tax assets and liabilities are as follows:

 

 

 

 

 

 

 

As at December 31,

 

2019

    

2018

    

2017

 

$

 

$

 

$

Future income tax assets

 

 

 

 

 

Deferred tax assets

9,650

 

10,162

 

9,617

Net operating loss carry forwards

30,883

 

27,554

 

30,250

Less:  valuation allowance

(40,533)

 

(37,716)

 

(39,867)

Net future income tax assets

 -

 

 -

 

 -

 

Based upon the level of historical taxable loss, management believes it is more likely than not that the Company will not realize the benefits of these deductible differences and accordingly has established a full valuation allowance as of December 31, 2019, 2018 and 2017. No deferred tax assets are therefore recognized at this point.

 

 

 

 

 

 

 

Income tax recovery (expense)

2019

 

2018

 

2017

 

$

 

$

 

$

Current income tax recovery (expense)

 -

 

 -

 

 -

 

 

 

 

 

 

As of December 31, 2019, the Company had the following net operating loss carryforwards available:

 

 

 

 

 

 

 

Income tax loss carry forwards

 

 

 

 

 

Canadian (expiring 2026)

 

 

 

 

34,940

United States - pre January 1, 2018 (expiring 2019 - 2032)

 

 

 

 

79,699

United States - post December 31, 2017 (no expiration)

 

 

 

 

8,424

Individual states (expiration varies by state)

 

 

 

 

93,845

 

The Company follows a comprehensive model for recognizing, measuring, presenting and disclosing uncertain tax positions taken or expected to be taken on a tax return. Tax positions must initially be recognized in the financial statements when it is more likely than not the position will be sustained upon examination by the tax authorities. Such tax positions must initially and subsequently be measured as the largest amount of tax benefit that has a greater than 50% likelihood of being realized upon ultimate settlement with the tax authority assuming full knowledge of the position and relevant facts.

 

The Company currently has no uncertain tax positions and is therefore not reflecting any adjustments for such in its deferred tax assets.

 

There are open statutes of limitations for tax authorities in the U.S., Canada and state jurisdictions to audit the Company’s tax returns for the years ended December 31, 2016, 2017 and 2018.

 

The Company’s policy is to account for income tax related interest and penalties in income tax expense in the accompanying statements of operations. There have been no income tax related interest or penalties assessed or recorded.

 

Other comprehensive loss was not subject to income tax effects and is therefore shown net of taxes.