XML 35 R14.htm IDEA: XBRL DOCUMENT v2.4.0.8
Income Tax
9 Months Ended
Sep. 30, 2013
Income Tax Disclosure [Abstract]  
9. Income Tax

The Company is incorporated in the United States of America and is subject to United States federal taxation. No provisions for income taxes have been made, as the Company had no U.S. taxable income for the nine months ended September 30, 2013 and 2012.

 

The Company has not provided deferred taxes on undistributed earnings attributable to its PRC subsidiaries as they are to be permanently reinvested. On February 22, 2008, MOF, and SAT, jointly issued Cai Shui 2008 Circular 1, “Circular 1.” According to Article 4 of Circular 1, distributions of accumulated profits earned by foreign investment enterprises, (“FIE”) prior to January 1, 2008 to their foreign investors will be exempt from withholding tax, (“WHT”) while distribution of the profits earned by a FIE after January 1, 2008 to its foreign investors shall be subject to WHT.

 

Dividend payments by PRC subsidiaries are limited by certain statutory regulations in the PRC. No dividends may be paid by PRC subsidiaries without first receiving prior approval from SAFE. Dividend payments are restricted to 90% of after tax profits.

 

Since the Company intends to reinvest its earnings to further expand its businesses in mainland China, its PRC subsidiaries do not intend to declare dividends to their immediate foreign holding companies in the foreseeable future. Accordingly, the Company has not recorded any deferred taxes in relation to WHT on the cumulative amount of undistributed retained earnings since January 1, 2008.

 

The Company had no material adjustments to its liabilities for unrecognized income tax benefits according to the provisions of ASC Topic 740, Income Taxes. Since SkyPeople (China) intends to reinvest its earnings to further expand its businesses in mainland China, its PRC subsidiaries do not intend to declare dividends to their immediate foreign holding companies in the foreseeable future. Accordingly, the Company has not recorded any deferred taxes in relation to US tax on the cumulative amount of undistributed retained earnings since January 1, 2008.

 

The reconciliation of income tax expense at the U.S. statutory rate of 35% in 2013 and 2012, to the Company's effective tax rate is as follows:

 

    Nine Months Ended September 30,  
    2013     2012  
U.S. Statutory rate   $ 3,897,318     $ 4,745,244  
Tax rate difference between China and U.S.     (1,168,760 )     (1,450,547 )
Change in Valuation Allowance     175,717       331,411  
Permanent difference     32,732       83,990  
Effective tax rate   $ 2,937,007     $ 3,710,098  

 

 

Nine Months Ended

September 30,

 
  2013   2012  
Current   $ 3,265,775     $ 3,567,191  
Deferred     (328,768 )     142,907  
Total   $ 2,937,007     $ 3,710,098