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Income Taxes
12 Months Ended
Dec. 31, 2012
Income Tax Disclosure [Abstract]  
Income Taxes

Income tax expense (benefit) consists of:

 

    Current     Deferred     Total  
Year Ended December 31, 2011:                        
US federal   $ ––     $ ––     $ ––  
State and local     ––       ––       ––  
Foreign     2,070       ––       2,070  
    $ 2,070     $ ––     $ 2,070  
Year Ended December 31, 2012:                  
US federal   $ ––     $ ––     $ ––  
State and local     ––       ––       ––  
Foreign     3,392       ––       3,392  
    $ 3,392     $ ––     $ 3,392  

 

A reconciliation of the expected income tax expense or benefit to actual follows:

 

    2011     2012  
Computed "expected" US tax (benefit) at Federal statutory rate   $ (295,115 )   $ (248,996 )
Change resulting from:                
State and local income taxes, net of federal income tax benefit     ––       ––  
Foreign income taxes     2,070       3,392  
Federal valuation allowance     254,390       235,607  
Non––deductible items     39,779       14,456  
Change in estimate for prior years’ provisions     946       (1,067 )
Income tax expense (benefit)    $ 2,070     $ 3,392  

 

Temporary differences at December 31 follow:

 

    2011     2012  
Deferred income tax assets:            
Inventories   $ 398,768     $ 333,315  
Accounts receivable     227,443       292,846  
Intangible assets     168,549       96,791  
Accrued expenses     53,600       60,397  
Net operating loss and tax credit carry forwards     17,615,396       17,792,110  
Plant and equipment     13,789       15,378  
Stock compensation     88,429       88,059  
Other – investment impairments     ––       127,855  
Total deferred income tax assets     18,565,974       18,806,751  
Valuation allowance     (18,565,974 )     (18,806,751 )
Net deferred tax assets   $ ––     $ ––  

 

 As of December 31, 2012 the Company had federal net operating loss carry forwards of approximately $47,537,000 which are available to offset future taxable income. They are due to expire in varying amounts from 2018 to 2032. As of December 31, 2012, the Company had Massachusetts state net operating loss carry forwards of approximately $15,798,000 which are available to offset future taxable income. They are due to expire in varying amounts from 2013 through 2017.

 

The distribution of Zoom Telephonics stock to Zoom Technologies’ shareholders was not intended to be a tax-free distribution governed by Section 355 of the Internal Revenue Code. A taxable distribution will generally result in taxable gain to the distributing corporation; however, Zoom Technologies’ tax basis in Zoom Telephonics is believed to exceed the fair market value of that stock as of the date of distribution. In addition, even if Zoom Technologies’ tax basis in the Zoom Telephonics stock was less than the fair market value of that stock as of the date of distribution, it is believed that there are sufficient net operating loss carry forwards to offset any taxable gain recognized.  To the extent that either of these assumptions are incorrect, Zoom Telephonics, as the successor to Zoom Technologies, has fully indemnified TCB Digital for any pre-closing income taxes incurred, including any income tax resulting from the distribution of Zoom Telephonics.  Management believes the likelihood of the Company incurring any obligation under this indemnification is remote.

 

Effective January 1, 2007, the Company adopted the provisions of a new standard which provides detailed guidance for the financial statement recognition, measurement and disclosure of uncertain tax positions recognized in the financial statements. Tax positions must meet a "more-likely-than-not" recognition threshold at the effective date to be recognized upon adoption and in subsequent periods. Upon the adoption, and at December 31, 2012 and 2011, the Company did not have any uncertain tax positions. No interest and penalties related to uncertain tax positions were accrued at December 31, 2012 and 2011.

 

The Company files income tax returns in the United States and the United Kingdom. Years subsequent to 2008 are open for U.S. Federal and state income tax reporting and years subsequent to 2006 are open in the United Kingdom.

 

The Company has not provided for U.S. income taxes related to undistributed earnings from its foreign operations at December 31, 2012, as the Company considers these earnings to be permanently reinvested.  Determination of the additional income taxes and applicable withholding that would be payable on the remittance of such undistributed earnings is not practicable because such liability, if any, is dependent upon circumstances existing if and when the Company no longer considers all or a portion of such undistributed earnings to be permanently reinvested.