Annual report pursuant to Section 13 and 15(d)

9. INCOME TAXES

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9. INCOME TAXES
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
INCOME TAXES

 

Super League’s provision for income taxes consisted of the following for the years ended December 31, 2019 and 2018:

 

    2019     2018  
Current:            
Federal taxes   $     $  
State taxes                
Total current                
                 

  

    2019     2018  
Deferred:            
Federal taxes     4,098,000       4,073,000  
State taxes     1,374,000       1,609,000  
Subtotal     5,472,000       5,682,000  
Change in valuation allowance     (5,472,000 )     (5,682,000 )
Total deferred            
                 
Provision for income taxes   $ -     $ -  

 

The tax effects of temporary differences and carryforwards that give rise to significant portions of deferred tax assets and liabilities consist of the following as of December 31, 2019 and 2018.

 

    2019     2018  
Deferred tax assets (liabilities):            
Net operating loss and credits   $ 14,456,000     $ 11,129,000  
Stock compensation     3,992,000       3,452,000  
Accrued interest expense     1,541,000       938,000  
Fixed assets and intangibles     118,000       87,000  
           
Total deferred tax assets     20,107,000       15,606,000  
Valuation allowance     (20,107,000 )     (15,606,000 )
Total deferred tax assets, net of valuation allowance   $ -     $ -  

 

A reconciliation of the federal statutory income tax rate and the effective income tax rate is as follows:

 

    2019     2018  
             
Statutory federal tax rate - (benefit) expense     21 %     35 %
Non-deductible permanent items     (6 )     (1 )
Change in tax rate     -       (29 )
Valuation allowance     (15 )     (5 )
      - %     - %

 

For the years ended December 31, 2019 and 2018, the Company recorded full valuation allowances against its net deferred tax assets due to uncertainty regarding future realizability pursuant to guidance set forth in the FASB’s Accounting Standards Codification Topic No. 740, Income Taxes. In future periods, if the Company determines it will more likely than not be able to realize these amounts, the applicable portion of the benefit from the release of the valuation allowance will generally be recognized in the statements of operations in the period the determination is made.

 

At December 31, 2019, the Company had U.S. federal and state income tax net operating loss carryforwards of approximating $49,795,000 and $52,665,000, respectively, expiring through 2039. Utilization of the net operating loss carryforwards may be subject to a substantial annual limitation due to ownership change limitations that may have occurred or that could occur in the future, as required by Section 382 of the Internal Revenue Code of 1986, as amended, as well as similar state provisions. The Company has not completed a study to assess whether an ownership change has occurred or whether there have been multiple ownership changes since the Company’s formation due to the complexity and cost associated with such a study, and the fact that there may be additional such ownership changes in the future.

 

On December 22, 2017, new U.S. federal tax legislation was enacted that significantly changed the U.S. federal income taxation of U.S. corporations, including by reducing the U.S. corporate income tax rate from 35% to 21%, revising the rules governing net operating losses and foreign tax credits, and introducing new anti-base erosion provisions. Many of the changes were effective immediately, without any transition periods or grandfathering for existing transactions. The legislation is unclear in many respects and could be subject to potential amendments and technical corrections, as well as interpretations and implementing regulations by the U.S. Department of the Treasury and the Internal Revenue Service (“IRS”), any of which could decrease or increase certain adverse impacts of the legislation. In addition, it is unclear how these U.S. federal income tax changes will affect state and local taxation, which often uses federal taxable income as a starting point for computing state and local tax liabilities.

 

The new legislation reduced the corporate income tax rate from 35% to 21% effective January 1, 2018. As a result, all deferred income tax assets and liabilities, including NOL’s, have been measured using the new rate under and are reflected in the valuation of these assets as of December 31, 2019 and 2018. As a result, as of December 31, 2017, the value of our deferred tax assets was reduced by $4,279,000 and the related valuation allowance was reduced by the same amount. Given the full valuation allowance provided for net deferred tax assets, the change in tax law did not have a material impact on the Company’s financial statements.