Annual report pursuant to Section 13 and 15(d)

DEFERRED INCOME TAXES

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DEFERRED INCOME TAXES
12 Months Ended
Sep. 30, 2018
Income Tax Disclosure [Abstract]  
DEFERRED INCOME TAXES

NOTE 4 - DEFERRED INCOME TAXES

 


2017 U.S. Tax Reform

 

On December 22, 2017, President Trump signed into law the Tax Cuts and Jobs Act (the “TCJA”) that significantly reforms the Internal Revenue Code of 1986, as amended (the “Internal Revenue Code”). The TCJA, among other things, contains significant changes to corporate taxation, including reduction of the corporate tax rate from a top marginal rate of 35% to a flat rate of 21%, effective as of January 1, 2018; limitation of the tax deduction for interest expense; limitation of the deduction for net operating losses to 80% of current year taxable income and elimination of net operating loss carrybacks, in each case, for losses arising in taxable years beginning after September 30, 2018 (though any such tax losses may be carried forward indefinitely); modifying or repealing many business deductions and credits, including reducing the business tax credit for certain clinical testing expenses incurred in the testing of certain drugs for rare diseases or conditions generally referred to as “orphan drugs”; and repeal of the federal Alternative Minimum Tax (“AMT”).

 

The staff of the Securities and Exchange Commission issued Staff Accounting Bulletin No. 118 to address the application of GAAP in situations when a registrant does not have the necessary information available, prepared or analyzed (including computations) in reasonable detail to complete the accounting for certain income tax effects of the TCJA. In connection with the initial analysis of the impact of the TCJA, the Company remeasured its deferred tax assets and liabilities based on the rates at which they are expected to reverse in the future, which is generally 21%. The remeasurement of the Company's deferred tax assets and liabilities was offset by a change in the valuation allowance.

 

The Company is still in the process of analyzing the impact to the Company of the TCJA. Where the Company has been able to make reasonable estimates of the effects related to which its analysis is not yet complete, the Company has recorded provisional amounts. The ultimate impact to the Company’s consolidated financial statements of the TCJA may differ from the provisional amounts due to, among other things, additional analysis, changes in interpretations and assumptions the Company has made, additional regulatory guidance that may be issued, and actions the Company may take as a result of the TCJA. The accounting is expected to be complete when the Company’s 2018 U.S. corporate income tax return is filed in 2019.


The Company calculates its deferred tax assets based upon its consolidated net operating loss (NOL) carryovers available to offset future taxable income, net of other tax credit(s) or tax deferred liabilities, if any. No deferred tax assets for the years ended September 30, 2018 and 2017 have been recorded since any available deferred tax assets are fully offset by increases in its valuation allowances. The Company increased its valuation allowance based on its history of consolidated net losses. At September 30, 2018, the Company has an adjusted net operating loss carryforward of approximately $12,000,000 that expire through 2038. Should a cumulative change in the ownership of more than 50% occur within a three-year period, there could be an annual limitation on the use of the net operating loss carryforwards.

 

Deferred income taxes reflect the tax effects of temporary differences between the carrying amount of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes plus any available consolidated, net deferred tax credits.  Significant components of the Company’s net deferred income tax assets at September 30, 2018 and 2017, respectively are as follows:  

 

 

 

 2018

 

 

2017

 

 

 

 

 

 

 

 

 

 

Amortization and impairment of license agreement

 

$

    382,593

 

 

$

     529,503

 

Allowance for doubtful account

   

        4,053

             

            750

 

Net operating loss carryforward

   

  3,066,449

   4,909,891

 

Net deferred income tax asset

 

 

  3,453,095

 

 

 

   5,440,144

 

Less: valuation allowance

 

  

 (3,453,095)

 

 

 

(5,440,144)

 

Total deferred income tax assets

 

$

0.00

 

 

$

0.00

 


A reconciliation of the Federal and respective State income tax rate as a percentage of income before taxes is as follows:


 

      2018

 

    2017

 

 

 

 

 

 

Federal statutory taxes

$

(101,415)

 

$

(276,055)

State income taxes, net of federal benefit

 

(26,561)

 

 

(47,255)

Change in tax rate estimates

 

1,620,004

 

 

-0-

Less: Valuation allowance, non-deductable items

 

495,021

 

 

    26,449

Change in valuation allowance

 

(1,987,049)

 

 

296,861

 

$

-0-

 

$

-0-


 

 

      2018

 

 

    2017

 

 

 

 

 

 

 

 

Federal statutory Income tax rate

 

 

21.00%

 

 

 

32,13%

State taxes, net of federal benefit

 

 

4.35%

 

 

 

5.50%

Effective rate of deferred tax asset

 

 

25.35%

 

 

 

37.63%

Less: Valuation allowance

 

 

(25.35%)

 

 

 

    (37.63%)

Effective income tax rate

 

 

0.00%

 

 

 

0.00%


Management has determined that it is more likely than not that the Company will not use the NOL carryforward and has a 100% valuation allowance against the deferred asset. The reserve is based on historical experience of the Company’s operations as it has not recognized net income in its current incarnation and there is no indication of any events or conditions that would show that trend will not continue due to the Company’s current expectation of expense requirements.