Income Taxes

12 Months Ended

Dec. 31, 2023

Income Taxes

Income Taxes

13. Income Taxes

Income tax provision is as follows for the years ended:

	DECEMBER 31,
	2023			2022
Current provision
State	$	30,000		$	20,000
Foreign		(3,914	)		26,982
Total		26,086			46,982
Deferred provision (benefit)
Federal		57,849			4,717,527
State		77,519			298,832
Foreign		(28,211	)		14,534
Total		107,157			5,030,893
Income tax provision	$	133,243		$	5,077,875

Income tax provision effective rates, which differs from the federal and state statutory rate as follows for the years ended: 

	DECEMBER 31,
	2023			2022
Statutory federal income tax rate		21.0	%		21.0	%
State, net of federal benefit		4.4	%		4.0	%
Non-deductible expenses		-1.3	%		-5.7	%
Valuation allowance		-23.4	%		-45.9	%
Foreign rate differential		-0.6	%		0.0	%
Return to accrual difference true-ups		-1.7	%		0.3	%
Other		-0.8	%		-0.2	%
Deferred tax adjustment and true-up		0.2	%		-1.0	%
Combined effective tax rate		-2.2	%		-27.4	%

The tax effects of temporary differences that give rise to significant portions of the Company’s deferred tax assets (liabilities) consisted of the following:

	DECEMBER 31,
	2023			2022
Deferred tax assets:
Net operating loss carryforwards	$	11,836,460		$	10,584,372
Alternative minimum tax credit		45,650			45,650
Share-based compensation		531,179			475,297
Intangible amortization		(334,043	)		(48,740	)
Lease liability		1,581,946			1,555,503
Other assets		770,488			167,825
Total deferred tax assets		14,431,680			12,779,907
Less: valuation allowance		(11,930,917	)		(10,503,243	)
Total deferred tax assets, net		2,500,763			2,276,664
Deferred tax liabilities:
Goodwill amortization		366,764			116,530
Depreciation		456,913			324,959
Foreign intangible amortization		276,321			334,973
Other liabilities		15,052			11,354
Lease asset		1,402,636			1,401,939
Total deferred tax liabilities		2,517,686			2,189,755
Net deferred tax (liability) asset	$	(16,923	)	$	86,909

As of December 31, 2023, the Company had approximately $42.6 million in net operating loss (NOL) carry forwards available to offset future taxable income for federal income tax purposes that consist of $29.7 million that will expire between 2023 and 2036 and $12.9 million related to years after December 31, 2017 that does not have an expiration under current tax law. NOLs arising in tax years beginning in 2018 and after may only reduce 80 percent of taxable income every year but can be carried forward indefinitely. Included in the recorded deferred tax asset, the Company had a benefit of approximately $51.4 million available to offset future taxable income for state income tax purposes. These state NOL carry forwards expire between 2024 and 2043.

Under the provisions of the Internal Revenue Code, the net operating losses (“NOL”) and tax credit carryforwards are subject to review and possible adjustment by the Internal Revenue Service and state tax authorities. NOL and tax credit carryforwards may become subject to an annual limitation in the event of certain cumulative changes in the ownership interest of significant shareholders over a three-year period in excess of 50%, as defined under Sections 382 and 383 of the Internal Revenue Code of 1986, respectively, as well as similar state tax provisions. This could limit the amount of tax attributes that the Company can utilize annually to offset future taxable income or tax liabilities. The amount of the annual limitation, if any, will be determined based on the value of the Company immediately prior to the ownership change. Subsequent ownership changes may further affect the limitation in future years. Utilization of the net operating loss and tax credits carryforwards may be limited by “ownership change” rules, as defined in Section 382 of the Internal Revenue Code of 1986, as amended, and similar state provisions. This annual limitation may result in the expiration of the net operating losses and credits before utilization.

Changes in the valuation allowance for the years ended were as follows:

	DECEMBER 31,
	2023			2022
Beginning balance	$	(10,503,243	)	$	(1,999,630	)
Increases		(1,427,674	)		(8,503,613	)
Ending balance	$	(11,930,917	)	$	(10,503,243	)

As of each reporting date, management considers new evidence, both positive and negative, that could affect its view of the future realization of deferred tax assets. On the basis of this evaluation, management recorded a valuation allowance against a portion of domestic deferred tax assets because management has determined that it is more likely than not that the Company will not earn income sufficient to realize the deferred tax assets during the carry forward period. During the year ended December 31, 2023, the Company increased the valuation allowance by $1.4 million. If management’s assumptions change and we determine we will be able to realize these deferred tax assets, the tax benefits relating to any reversal of the valuation allowance on deferred tax assets will be accounted for as a reduction of income tax expense.

The Company files U.S. federal income tax returns with the Internal Revenue Service (“IRS”) as well as income tax returns in various states and certain foreign countries. The Company may be subject to examination by the IRS for tax years 2003 and forward. The Company may be subject to examinations by various state taxing jurisdictions for tax years 2003 and forward. The Company may be subject to examination by various foreign countries for tax years 2019 forward. As of December 31, 2023, the Company is currently not under examination by the IRS, any state or foreign tax jurisdiction. The Company did not have any unrecognized tax benefits at either December 31, 2023 or 2022. In the future, any interest and penalties related to uncertain tax positions will be recognized in income tax expense.