XML 74 R14.htm IDEA: XBRL DOCUMENT v3.20.1
Note 8 - Provision for Income Taxes
12 Months Ended
Dec. 31, 2019
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
Note
8.
Provision for Income Taxes
 
Given our historical losses from operations, income taxes have been limited to the minimum franchise tax assessed by the State of California. Our subsidiary BLEST is a Tennessee limited liability company and as such, is
not
consolidated in our corporate tax return. As a pass-through entity, it does
not
pay federal taxes. However, the state of Tennessee charges franchise and excise taxes for limited liability companies, and thus BLEST will incur a nominal franchise tax and will
not
pay an excise tax unless and until it is profitable.
 
At
December 31, 2019,
we had federal and California tax net operating loss carry-forwards (“NOLs”) of approximately
$63,000,000
(each). Due to changes in our ownership through common stock issuances throughout the year, the utilization of NOLs
may
be subject to annual limitations and discounts under provisions of the Internal Revenue Code. We have
not
conducted a complete analysis to determine the extent of these limitations or any future limitation. Such limitations could result in the permanent loss of a significant portion of the NOLs. Given the impact of the Tax Cuts and Jobs Act (“TCJA”) signed into law on
December 22, 2018,
the future expected corporate tax rate was reduced to
21%.
Accordingly, the Company measured its deferred tax asset for these NOLs and estimated a deferred tax asset of approximately
$13.4
million for federal, and
$5.7
million for California. Under the TCJA, post-
2018
NOLs
may
be carried forward indefinitely, and pre-
2018
NOLs have a
20
year limitation on carryforwards; however, the NOLs are limited to the lesser of (
1
) the aggregate of the NOL carryovers to such year, plus the NOL carry-backs to such year, or (
2
)
80%
of taxable income (determined without regard to the deduction) (Internal Revenue Code Sec.
172
(a)). Generally, NOLs can
no
longer be carried back but are allowed to be carried forward indefinitely (Sec.
172
(b)(
1
)(A), which applies to
2018
and later NOLs only).  Nevertheless, for California purposes, the additional taxable income limitations on NOL carryforwards as well as the indefinite time to use the NOLs have
not
been adopted. Therefore for California, NOLs expire after
20
years. As such, ours will begin to expire in for the tax period ending
December 31, 2021.
Realization of our deferred tax assets, which relate to operating loss carryforwards and timing differences, is dependent on future earnings. The timing and amount of future earnings are uncertain and therefore we have established a
100%
valuation allowance.