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INCOME TAX
12 Months Ended
Dec. 31, 2011
Notes to Financial Statements  
Note 11. INCOME TAX

The provision for income tax expense (benefit) is compromised of the following:

 

    2011     2010  
Current tax, federal   $ 852,316     $ 604,340  
Current tax, state     293,850       165,840  
Current tax, foreign     -       -  
Current tax, total     1,146,166       770,180  
                 
Deferred income tax, federal     (20,000 )     (80,000 )
Deferred income tax, state     -       -  
Deferred income tax, foreign     -       -  
Deferred income tax, total     (20,000 )     (80,000 )
Total   $ 1,126,166     $ 690,180  

Income taxes vary from the amount that would be computed by applying the U.S. statutory federal income tax rate (34%) to income (loss) before income tax expense (benefit):

    2011     2010  
             
Income before taxes, domestic   $ 2,682,495     $ 1,864,781  
Income before taxes, foreign     (1,373,873 )     (1,364,681 )
Income before taxes, total   $ 1,308,622     $ 500,100  
Expense (recovery) for income taxes at statutory rate (34%)   $ 444,931     $ 170,034  
Impact of lower statutory rates on foreign subsidiary     114,131       280,972  
Non-deductible expenses     82,340       40,303  
Other items     (116,981 )     (131,450 )
Change in valuation allowance     311,357       330,321  
Income tax expense (recovery)   $ 835,785     $ 690,180  

 

Deferred income taxes reflect the tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. The Company’s deferred tax assets are consisting of the following:

    US     Foreign     Total 2011     Total 2010  
                         
Non-capital loss carry forwards   $ -     $ 1,741,452     $ 1,741,452     $ 1,507,733  
Property and equipment     219,000       (53,287 )     165,713       137,605  
Stock based compensation     114,400       -       114,400       44,862  
Valuation allowance     (114,400 )     (1,688,165 )     (1,802,565 )     (1,491,200 )
Net deferred tax assets   $ 219,000     $ -     $ 219,000     $ 199,000  

 

A valuation allowance of $1,822,450 has been recorded as of December 31, 2011 (2010 - $1,491,200). Due to uncertainties related to Company’s ability to utilize some of the deferred income tax assets, primarily consisting of the foreign operations in Canada. The valuation allowance is based on the estimates of taxable income in the various jurisdictions in which the company operates and the period over which deferred income tax assets will be recoverable. The realization of net deferred income tax assets of $219,000 as of December 31, 2011 (2010 - $199,000) is primarily dependent upon the ability to generate future taxable income in the U.S.

 

The Company's foreign subsidiary in Canada carried losses for foreign income tax purposes of $6,965,807 (2010 - $6,030,934), which may be carried forward to apply against future income tax in Canada, expiring between 2014 and 2031. The deferred tax benefit of these loss carry-forwards has been offset with a full valuation allowance, due to uncertainties related to the foreign subsidiary to utilize those deferred tax assets before they expire. These losses expire as follows:

 

2014     447,873  
2025     711,791  
2026     918,978  
2027     825,269  
2028     739,475  
2029     1,018,577  
2030     1,063,777  
2031     1,240,066  

 

Accounting for uncertainty for Income Tax

 

Effective January 1, 2009, the Company adopted the interpretation for accounting for uncertainty in income taxes which was an interpretation of the accounting standard accounting for income taxes. This interpretation created a single model to address accounting for uncertainty in tax positions. This interpretation clarifies the accounting for income taxes, by prescribing a minimum recognition threshold a tax position is required to meet before being recognized in the financial statements.

 

As at December 31, 2011 and 2010, the Company’s consolidated balance sheets did not reflect a liability for uncertain tax positions, nor any accrued penalties or interest associated with income tax uncertainties. The Company is subject to income taxation at the federal and state levels. The Company is subject to US federal tax examinations for the tax years 2008 through 2011. Loss carryforwards generated or utilized in years earlier than 2008 are also subject to examination and adjustment. The Company has no income tax examinations in process.

 

The operating income shown in the income statement is on a consolidated basis. As shown in the income tax reconciliation in Note 11, net income and net loss has been segregated so that the financial statement reader can see that the company has a significant net income before tax in the United States, and a significant loss before tax in 'foreign' jurisdictions. On a consolidated basis, the net income earned in the States is being offset by the losses in Canada.