Annual report pursuant to Section 13 and 15(d)

Note 9 - Income Taxes

v3.23.1
Note 9 - Income Taxes
12 Months Ended
Dec. 31, 2022
Notes to Financial Statements  
Income Tax Disclosure [Text Block]

9.

INCOME TAXES

 

Super League’s provision for income taxes consisted of the following for the years ended December 31, 2022 and 2021:

 

   

2022

   

2021

 

Current:

               

Federal taxes

  $ -     $ -  

State taxes

    -       -  

Total current

  $ -     $ -  
                 

Deferred:

               

Federal taxes

  $ (7,541,000

)

  $ (4,654,000

)

State taxes

    (1,664,000

)

    (969,000

)

Foreign taxes

    (205,000

)

    (38,000

)

Subtotal

    (9,410,000

)

    (5,661,000

)

Change in valuation allowance

    9,205,000       2,550,000  

Total deferred

    (205,000

)

    (3,111,000

)

Provision for income taxes

  $ (205,000

)

  $ (3,111,000

)

 

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, 2022 and 2021.

 

   

2022

   

2021

 
Deferred tax assets (liabilities):                

Net operating loss and credits

  $ 32,098,000     $ 27,963,000  

Stock compensation

    3,026,000       2,837,000  

Accrued liabilities

    504,000       11,000  

Fixed assets and intangibles

    (2,231,000

)

    (4,812,000

)

State taxes

    11,000       1,000  
Capitalized research and development costs     2,002,000       -  

Total net deferred tax assets (liabilities)

    35,410,000       26,000,000  

Valuation allowance

    (35,723,000

)

    (26,518,000

)

Total net deferred tax assets (liabilities), net of valuation allowance

  $ (313,000

)

  $ (518,000

)

 

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

 

   

2022

   

2021

 
                 

Statutory federal tax rate - (benefit) expense

    21

%

    21

%

State tax, net

    6       -  

Non-deductible permanent items

    (15

)

    (2

)

Change in tax rate     (1 )        

Valuation allowance

    (11

)

    (6

)

      -

%

    13

%

 

For the years ended December 31, 2022 and 2021, the Company recorded full valuation allowances against its domestic 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. The Company does not maintain a valuation allowance on the activity in the UK from its recent acquisition of Bannerfy Ltd due to the deferred tax liability position. Components of net loss before income tax attributable to foreign entities totaled $1.1 million for the year ended December 31, 2022, and was not material for the year ended December 31, 2021.

 

At December 31, 2022, the Company had U.S. federal, state income tax, and foreign net operating loss carryforwards of approximately $118.3 million, $104.9 million and $985,000, respectively, expiring through 2037. 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. Federal net operating loss carryforwards totaling approximately $94.1 million were generated in fiscal year 2018 or after, and therefore have no expiration date.

 

A provision enacted in the Tax Cuts and Jobs Act of 2017 related to the capitalization for tax purposes of research and experimental expenditures became effective January 1, 2022. This provision requires us to capitalize research and experimental expenditures and amortize them on the U.S. tax return over five or fifteen years, depending upon where the research is conducted. This provision did not have a material impact on our fiscal year 2022 effective tax rate on a net basis or our cash paid for taxes due to our net operating loss position.