v3.26.1
Note O - Income Taxes
12 Months Ended
Dec. 31, 2025
Notes to Financial Statements  
Income Tax Disclosure [Text Block]

NOTE OINCOME TAXES

 

       For financial reporting purposes, the net pre-tax book loss for the United States and foreign entities, in the aggregate, was:

 

  

Year ended

  

Year ended

 
  

December 31,

  

December 31,

 
  

2025

  

2024

 
         

United States

 $(6,179,476) $(2,767,752)

Hong Kong

  (74,045)  (222,901)

Nigeria

  (164,518)  (223,426)

Spain

  (723,407)  (1,109,611)
Portugal  -   - 

Total

 $(7,141,446) $(4,323,690

)

 

There was no provision for current federal, foreign or state taxes for both of the years ended December 31, 2025 and 2024 as a result of taxable losses incurred in these jurisdictions. The provision for income taxes (tax benefits) benefits consists of the following:

 

  

Year ended

  

Year ended

 
  

December 31,

  

December 31,

 
  

2025

  

2024

 
Current        

Federal and States

 $-  $- 

Foreign:

        
   Subtotal  -  $- 

Deferred:

        

Federal and States

        
         

Foreign

  16,500   (22,998)

   Subtotal

  16,500   (22,998)
         

Provision for income tax expense (benefit)

 $16,500  $(22,998)

 

    There were no payments made in relation to income taxes for the year ending December 31, 2025.

 

Significant components of deferred tax assets and liabilities are as follows at December 31, 2025 and 2024 :

 

  

December 31,

   

December 31,

 
  

2025

   

2024

 
          

Accrued compensation

 $140,490   $154,457 

Allowance for credit losses

  20,626    20,513 

Research and development expenses

  724,038    1,261,601 

Capital loss carry forward

  114,885    114,251 

Right-of-use operating lease assets

  (5,979)   (16,346)

Operating lease liabilities

  -    16,406 

Stock-based compensation

  54,258    34,299 

Equipment and leasehold improvements

  (1,951)   (6,268)
Impairment of investment  712,500    - 

Intangible assets - Foreign

  (89,000)   - 

Allowance for credit losses - Foreign

  72,500    - 

Inventory reserve

  589,271    781,213 

Other

  1,006    1,000 

Tax credits

  1,116,119    1,554,541 

Net operating loss and research and credit carryforwards

  

11,686,140

    11,824,622 

Valuation allowance

  (15,083,017)   (15,740,289)
          

Net deferred tax liability

 $-   $- 

 

The Company recorded a valuation allowance equal to its net deferred taxes due to the uncertainty of realization of the deferred tax assets due to operating loss history of the Company. The Company currently provides a valuation allowance against deferred taxes when it is more likely than not that some portion, or all of its deferred tax assets will not be realized. The valuation allowance could be reduced or eliminated based on future earnings and future estimates of taxable income. With a full valuation allowance, any change in the deferred tax asset or liability is fully offset by a corresponding change in the valuation allowance. At December 31, 2025 and 2024, the Company provided a valuation allowance on its net deferred tax assets of $15,083,017 and $15,740,289 respectively.

 

As of December 31, 2025, the Company has U.S. federal net operating loss carryforwards of approximately $53.3 million. Approximately $19.6 million are subject to expiration between 2026 and 2037, and $33.7 million net operating loss carryforwards have no expiration date. These net operating loss carryforwards could be subject to the limitations under Section 382 of the Internal Revenue Code due to changes in the equity ownership of the Company. In addition, the Company has net operating loss carry forwards from various states of approximately $12.5 million which expire from 2026 through 2045.

 

A reconciliation of the effective tax rate on loss from operations and the US federal statutory rate is presented below for the years ended December 31, 2025 and 2024.

 

  

Year ended

 
  

December 31,

 
  

2025

 
         

Federal statutory income tax rate

 $(1,673,013)  21%

State taxes, net of federal benefit

  -   - 

Permanent differences

        
   Amortization of intangible assets  33,242   (0.7)
   Restricted Stock units  26,334   (0.6)
   Others  2,918   (0.1)

Expiration of net operating loss and research credit carryforwards

  1,848,627   (40.5)
         

Foreign rate differential - all

  187,823   (4.1) 
         

True ups and other

  175,955   (3.9)

Valuation allowance

  (585,386)  28.5 
   -     

Effective tax rate

 $16,500   (0.4)%

 

The rate reconciliation above has been adjusted to be presented in compliance with the guidance under ASU 2023-09. The Company has adopted this guidance on a prospective basis.

 

As previously disclosed for the year ended December 31, 2024, prior to the adoption of ASU 2023-09, the following is a reconciliation of our income tax rate computed using the federal statutory rate to our actual income tax rate.

 

  

Year ended

 
  

December 31,

 
  

2024

 
     

Federal statutory income tax rate

  21%

State taxes, net of federal benefit

  0.82 

Permanent differences

  (1.84)

Expiration of net operating loss and research credit carryforwards

  (46.14)

Foreign rate differential

  (7.23)

Rate change

  (0.41)

Other

  0.14 

Valuation allowance

  33.98 
     

Effective tax rate

  0.32%

 

On July 4, 2025, the One Big Beautiful Bill was enacted ("OBBBA"), introducing significant and wide-ranging changes to the U.S. federal tax system. Significant components include restoration of 100% accelerated tax depreciation on qualifying property including expansion to cover qualified production property. Another major aspect includes the return to immediate expensing of domestic research and experimental expenditures ("R&E") which in some cases may include retroactive application back to 2021 for businesses with gross receipts of less than $31 million or accelerated tax deductions of R&E that was previously capitalized for larger businesses. The legislation also reinstates EBITDA-based interest deductions for tax purposes and makes several business tax incentives permanent. Less favorable business provisions include limitations on tax deductions for charitable contributions. In accordance with ASC 740, the Company recognized the effects of the OBBBA in the period that included the enactment date. The Company continues to evaluate the ongoing effects of the OBBBA, including the interaction of the enacted provisions with its existing tax attributes and elections.

 

The Company has not been audited by the Internal Revenue Service (“IRS”) or any states in connection with income taxes. The Company files income tax returns in the U.S. federal jurisdiction and various state jurisdictions. The Company has not filed its required returns for fiscal 2024 as of the date of this report. Management believes that when the returns are filed, the taxes that will be owed will not be material due to the losses incurred during the year. The Company is currently working on the filings and expects to file these returns in April 2026.  The Company estimates that the potential penalties for non-filing will be minimal due to the losses incurred. The periods from 2021 through 2025 remain open to examination by the IRS and state jurisdictions.

 

The Company's subsidiary in Nigeria has not filed its required returns since inception. Management believes that when the returns are filed, no taxes will be owed due to the losses incurred during those periods. The Company is not subject to minimum tax during the first four years of operations. As a result, management could not calculate the amount of net operating loss carryforwards that are available to offset future taxable income. Potential penalties for non-filing are estimated to  be minimal due to the losses.  The Company expects to be current by December 31, 2026.

 

The Company's subsidiary in Hong Kong has not filed its required returns in several years. Management believes that when the returns are filed, no taxes will be owed due to losses incurred during those periods. As a result, management could not calculate the amount of net operating loss carryforwards are available to offset future taxable income.  Potential penalties for non-filing are expected to be minimal due to the losses.  The Company expects to be current in 2026.

 

The Company's subsidiary in Portugal has not filed its required returns since inceptions. Management believes that when the returns are filed, no taxes will be owed due to losses incurred during those periods. As a result, management could not calculate the amount of net operating loss carryforwards are available to offset future taxable income.  We estimate that the potential penalties for non-filing will be minimal due to the losses.  The Company will be working on the filings during 2026.

 

The Company believes it is not subject to any tax audit risk beyond those periods. The Company’s policy is to recognize interest and penalties accrued on any unrecognized tax benefits as a component of income tax expense. The Company does not have any accrued interest or penalties associated with any unrecognized tax benefits, nor was any interest expense incurred during the years ended  December 31, 2025 and 2024