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10. INCOME TAX
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract]  
Note 10. INCOME TAX

 

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

 

    2013     2012  
Current tax, federal   $ (110,302 )   $ 921,247  
Current tax, state     (24,418 )     205,221  
Current tax, foreign     -       -  
Current tax, total     (134,720 )     1,126,468  
                 
Deferred income tax, federal     (79,178 )     (73,111 )
Deferred income tax, state     -       -  
Deferred income tax, foreign     (2,329,217 )     -  
Deferred income tax, total     (2,408,395 )     (73,111 )
Total   $ (2,543,115 )   $ 1,053,357  

 

The following table reconciles the income tax benefit at the U.S. Federal statutory rate to income tax benefit at the Company's effective tax rates.

 

    2013     2012  
Loss before taxes     (721,481 )     (31,090 )
US statutory tax rate     38.62 %     34.00 %
Expected income tax (recovery)     (278,635 )     (10,571 )
Non-deductible items     (396,793 )     (71,650 )
Change in estimates     (163,928 )     758  
Change in enacted tax rate     91,711       -  
Option expired during the year     20,878       -  
Functional currency adjustments     164,890       (40,925 )
Foreign tax rate difference     365,377       217,576  
Change in valuation allowance     (2,346,616 )     752,948  
Total income taxes (recovery)     (2,543,115 )     848,136  
                 
Current income tax expenses (recovery)     (134,720 )     1,126,468  
Deferred tax expenses (recovery)     (2,408,395 )     (73,111 )
Total income taxes (recovery)     (2,543,115 )     1,053,357  

 

Deferred taxes reflect the tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes. Deferred tax assets (liabilities) at December 31, 2013 and 2012 are comprised of the following:

 

Canada   2013     2012  
Non capital loss carryforwards     1,596,755       2,119,669  
Patents     33,936       (118 )
Fixed Assets     698,526       199,983  
      2,329,217       2,319,534  
Valuation Allowance     -       2,319,534  
Net Deferred tax asset (liability)     2,329,217       -  
                 
USA                
      2013       2012  
Net operating loss carryforwards     -       108,969  
Fixed Assets     348,517       272,062  
Stock-Based Compensation     213,662       147,051  
      580,178       528,082  
Deferred tax asset not recognized     208,889       235,971  
Net Deferred tax asset     371,289       292,111  

 

The Company has non operating loss carryforwards of approximately $6,387,020 (2012 - $6,378,112) which may be carried forward to apply against future year income tax for Canadian income tax purposes, subject to the final determination by taxation authorities, expiring in the following years:

 

Expiry   Loss  
2014     -  
2015     75,153  
2026     878,698  
2027     789,096  
2028     707,062  
2029     973,931  
2030     1,017,150  
2031     1,171,186  
2032     765,836  
2033     8,908  
Total     6,387,020  

 

As at December 31, 2013, the Company's deferred tax asset attributable to its net operating loss carry forward is nil (2012 – $nil).

 

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, 2013 and 2012, 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 this Note 10, 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 United States is being offset by the losses in Canada.