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12. Income Taxes
9 Months Ended
Sep. 30, 2016
Related Party Transactions [Abstract]  
Income Taxes

United States

 

During the nine months ended September 30, 2016, it was determined that, after utilization of the Company’s net operating loss carry forwards, a tax liability of $12,979 was due for income taxes in the United States.

 

Management estimates the effective tax rate in the United States at 0% for the current year.

 

Mexico

 

On October 25, 2016, the national tax authority (“SAT”) in Mexico notified us that they had completed its audit of our 2013 tax filing and have determined that we owe $781,947 in income taxes and penalties.  We are required to respond to SAT of our intentions by December 6, 2016.    We plan to enter into negotiation with the authorities and have engaged legal and tax counsel in Mexico to guide us through our options.   Based on preliminary discussions, we believe that it is probable that we will pay at least some type of assessment and have determined a most likely estimate of our ultimate liability will be $410,510.   Accordingly, we have recorded a tax provision and a corresponding liability for this amount as of September 30, 2016.   We hope to be able to pay the amount over a period of 24 months.   At this time, however, there can be no assurance as to whether SAT will accept this settlement and we may need to pay the entire assessed amount.

 

We anticipate that our assessment can be partially settled by applying our IVA tax (a national sales type tax) refund against the settlement amount.  At September 30, 2016, we have approximately $140,000 of IVA tax on deposit with the SAT which is currently a current asset as of September 30, 2016.

 

The assessment relates to our 2013 tax filing in Mexico.   SAT has not notified us whether other tax filings for the year 2011, 2012, 2014 or 2015 will also be examined.   We could be assessed additional amounts if this occurs.     Because of taxable operating losses in early years and the potential for offset of operating income in later years, management has not yet determined the impact of these open years as of September 30, 2016 and has not recorded any liability that may result if there are additional audits by SAT.    Management will continue to assess the situation.