Income Taxes, Deferred Tax Assets and Deferred Tax Liabilities

3 Months Ended

Mar. 31, 2022

Income Tax Disclosure [Abstract]

Income Taxes, Deferred Tax Assets and Deferred Tax Liabilities

19. Income Taxes, Deferred Tax Assets and Deferred Tax Liabilities

(a) Income taxes in the consolidated statements of comprehensive loss(income)

The Company’s provision for income taxes credit consisted of:

	Three months ended March 31,
	2021		2022
PRC income tax
Current income tax	$	-	$	-
Deferred income tax credit		-		93,546
	$	-	$	93,546

United States Tax

CBAK is a Nevada corporation that is subject to U.S. corporate income tax on its taxable income at a rate of up to 21% for taxable years beginning after December 31, 2017 and U.S. corporate income tax on its taxable income of up to 35% for prior tax years. The U.S. Tax Reform signed into law on December 22, 2017 significantly modified the U.S. Internal Revenue Code by, among other things, reducing the statutory U.S. federal corporate income tax rate from 35% to 21% for taxable years beginning after December 31, 2017; limiting and/or eliminating many business deductions; migrating the U.S. to a territorial tax system with a one-time transition tax on a mandatory deemed repatriation of previously deferred foreign earnings of certain foreign subsidiaries; subject to certain limitations, generally eliminating U.S. corporate income tax on dividends from foreign subsidiaries; and providing for new taxes on certain foreign earnings. Taxpayers may elect to pay the one-time transition tax over eight years, or in a single lump sum.

The U.S. Tax Reform also includes provisions for a new tax on GILTI effective for tax years of foreign corporations beginning after December 31, 2017. The GILTI provisions impose a tax on foreign income in excess of a deemed return on tangible assets of controlled foreign corporations (“CFCs”), subject to the possible use of foreign tax credits and a deduction equal to 50 percent to offset the income tax liability, subject to some limitations.

To the extent that portions of CBAK’s U.S. taxable income, such as Subpart F income or GILTI, are determined to be from sources outside of the U.S., subject to certain limitations, the Company may be able to claim foreign tax credits to offset its U.S. income tax liabilities. If dividends that CBAK receives from its subsidiaries are determined to be from sources outside of the U.S., subject to certain limitations, CBAK will generally not be required to pay U.S. corporate income tax on those dividends. Any liabilities for U.S. corporate income tax will be accrued in the Company’s consolidated statements of comprehensive loss and estimated tax payments will be made when required by U.S. law.

No provision for income taxes in the United States has been made as CBAK had no taxable income for the three months ended March 31, 2021 and 2022.

Hong Kong Tax

BAK Asia and BAK Investment are subject to Hong Kong profits tax rate of 16.5% and did not have any assessable profits arising in or derived from Hong Kong For the three months ended March 31, 2021 and 2022 and accordingly no provision for Hong Kong profits tax was made in these periods.

PRC Tax

The CIT Law in China applies an income tax rate of 25% to all enterprises but grants preferential tax treatment to High-New Technology Enterprises. CBAK Power was regarded as a “High-new technology enterprise” pursuant to a certificate jointly issued by the relevant Dalian Government authorities. The certificate was valid for three years commencing from year 2021. Under the preferential tax treatment, CBAK Power was entitled to enjoy a tax rate of 15% for the years from 2021 to 2024 provided that the qualifying conditions as a High-new technology enterprise were met. Hitrans was regarded as a “High-new technology enterprise” pursuant to a certificate jointly issued by the relevant Zhejiang Government authorities. The certificate was valid for three years commencing from year 2021. Under the preferential tax treatment, Hitrans was entitled to enjoy a tax rate of 15% for the years from 2021 to 2024 provided that the qualifying conditions as a High-new technology enterprise were met.

A reconciliation of the provision for income taxes determined at the statutory income tax rate to the Company’s income taxes is as follows:

	Three months ended March 31,
	2021			2022
Income before income taxes	$	29,608,168		$	586,957
United States federal corporate income tax rate		21	%		21	%
Income tax expenses (credit) computed at United States statutory corporate income tax rate		6,217,715			123,261
Reconciling items:
Rate differential for PRC earnings		69,004			(25,584	)
Tax effect of entity at preferential tax rate		-			(9,972	)
Non-taxable (income) expenses		(5,886,790	)		(264,922	)
Share based payments		31,252			7,304
Valuation allowance on deferred tax assets		(431,181	)		76,367
Income tax credit	$	-		$	(93,546	)

(b) Deferred tax assets and deferred tax liabilities

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities as of December 31, 2021 and March 31, 2022 are presented below:

	December 31, 2021			March 31, 2022
Deferred tax assets
Trade receivable	$	2,044,877		$	2,116,363
Inventories		624,372			662,511
Property, plant and equipment		1,671,628			1,543,877
Non-marketable equity securities		175,813			176,202
Intangible assets		82,174			99,819
Accrued expenses, payroll and others		286,258			154,923
Provision for product warranty		507,067			506,916
Net operating loss carried forward		32,624,714			33,312,212
Valuation allowance		(36,278,909	)		(36,751,234	)
Deferred tax assets, non-current	$	1,737,994		$	1,821,589
Deferred tax liabilities, non-current
Long-lived assets arising from acquisitions	$	334,181		$	321,025

As of December 31, 2021 and March 31, 2022, the Company’s U.S. entity had net operating loss carry forwards of $103,580,741 and $103,580,741, of which $102,293 available to reduce future taxable income which will expire in various years through 2035 and $103,478,448 available to offset capital gains recognized in the succeeding 5 tax years. As of December 31, 2021 and March 31, 2022, the Company’s PRC subsidiaries had net operating loss carry forwards of $43,929,161 and $47,668,784, respectively, which will expire in various years through 2022 to 2030. Management believes it is more likely than not that the Company will not realize these potential tax benefits as these operations will not generate any operating profits in the foreseeable future. As a result, a valuation allowance of $36,278,909 and $36,751,234 as of December 31, 2021 and March 31, 2022, respectively, were provided against subsidiaries which were not estimated to generate operating profits to utilize the potential tax benefits.

According to the PRC Tax Administration and Collection Law, the statute of limitations is three years if the underpayment of taxes is due to computational errors made by the taxpayer or its withholding agent. The statute of limitations extends to five years under special circumstances, which are not clearly defined. In the case of a related party transaction, the statute of limitations is ten years. There is no statute of limitations in the case of tax evasion.

The impact of an uncertain income tax positions on the income tax return must be recognized at the largest amount that is more likely than not to be sustained upon audit by the relevant tax authority. An uncertain income tax position will not be recognized if it has less than a 50% likelihood of being sustained. Interest and penalties on income taxes will be classified as a component of the provisions for income taxes.