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Note 11 - Income Taxes
9 Months Ended 12 Months Ended
Sep. 30, 2023
Dec. 31, 2022
Notes to Financial Statements    
Income Tax Disclosure [Text Block]

Note 11.         Income Taxes

 

For the three and nine months ended September 30, 2022, the Company’s effective tax rate was 0%. The difference between the statutory tax rate and the effective tax rate is primarily driven by the presence of a full valuation allowance against all deferred tax assets.

Note 12.         Income Taxes

 

Income tax expense for the years ended December 31, 2022 and 2021 consists of the following:

 

  

2022

  

2021

 

Current income tax (expense) benefit

        

Federal

 $(2,533) $- 

State & Local

  (7,566)  (1,813)
   (10,099)  (1,813)

Deferred income tax (expense) benefit

        

Federal

  723,041   973,918 

State & Local

  385,342   98,749 
   1,108,383   1,072,667 

Income tax benefit

 $1,098,284  $1,070,854 

 

The provision for income taxes is at an effective rate different from the federal statutory rate due principally to the following:

 

  

2022

  

2021

 

Loss before taxes

 $(18,852,122) $(2,202,303)

Income tax benefit at federal statutory rate

 $3,957,892  $462,484 

State income tax benefit, net of federal benefit

  379,365   97,318 
Permanent Differences  (1,313,947)  (111,237)

Net Operating Loss ("NOL") expirations

  (12,431)  - 

Other

  163,945   19,485 

Federal valuation allowance

  (2,076,540)  602,804 

Income tax benefit

 $1,098,284  $1,070,854 

 

Deferred Income Taxes

 

Deferred income taxes reflect the net effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of our deferred tax assets and liabilities were as follows:

 

  

2022

  

2021

 

Deferred tax assets

        

Net operating losses

 $2,649,902  $547,035 

Stock-based compensation

  743,915   428,072 

Accrued commissions

  17,836   50,047 

Accrued vacations

  46,665   41,331 

Fixed assets

  1,509   - 
Other  28,025   - 

Deferred tax assets before valuation allowance

  3,487,852   1,066,485 

Valuation allowance

  (2,793,271)  - 

Net deferred tax assets

  694,581   1,066,485 

Deferred tax liabilities

        

Intangible Assets

  (753,702)  (2,185,281)

Fixed Assets

  -   (3,434)

Other

  -   (45,274)

Deferred tax liabilities

  (753,702)  (2,233,989)

Net deferred tax liabilities

 $(59,121) $(1,167,504)

 

The Company has net operating loss carryforwards of approximately $9.4 million, of which $1.3 million will expire, if unused, between the years 2023 and 2037. 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.

 

The Company has analyzed its income tax positions using the criteria required by U.S. GAAP and concluded that, as of December 31, 2022 and 2021, it has no material uncertain tax positions and no interest and penalties have been accrued. The Company has elected to recognize any estimated penalties and interest on its income tax liabilities as a component of its provision for income taxes.

 

Our income tax returns are subject to examination by income taxing authorities in all jurisdictions for which we file tax returns, generally for three years after each return was filed, but extending to years from which net operating loss carryforwards are utilized to reduce current year taxes. We are not currently under audit in any jurisdiction.