Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.7.0.1
Income Taxes
12 Months Ended
May 31, 2017
Income Taxes

Note 13 – Income Taxes

Deferred taxes are recorded for all existing temporary differences in the Company’s assets and liabilities for income tax and financial reporting purposes. Due to the valuation allowance for deferred tax assets, as noted below, there was no net deferred tax benefit or expense for the periods ended May 31, 2016 and 2017.

Reconciliation of the federal statutory income tax rate of 34% to the effective income tax rate is as follows for all periods presented:

 

    2017     2016  

Income tax provision at statutory rate

    34.0     34.0

State income taxes, net

    —         —    

Rate change

    —         —    

Derivative gain/loss

    2.8       0.9  

Loss on debt conversion

    —         (0.8

Inducement expense

    (1.0     (1.0

Miscellaneous

    (0.1     (0.5

Valuation allowance

    (35.7     (32.9
 

 

 

   

 

 

 
    0.0     0.0
 

 

 

   

 

 

 

Net deferred tax assets and liabilities are comprised of the following as of May 31, 2017 and 2016:

 

    2017     2016  

Deferred tax asset (liability) non-current:

   

Net operating loss

  $ 32,530,436     $ 23,510,608  

SFAS 123r expense on non-qualified stock options

    4,284,246       3,873,597  

Charitable contributions

    25,500       56,950  

Accrued expenses

    216,645       378,321  

Fixed assets

    1,300       (1,236

Amortization

    186,772       147,098  

Capitalized debt issuance costs

    157,992       —    

Debt discount

    (31,072     —    

Valuation allowance

    (37,371,819     (27,965,338
 

 

 

   

 

 

 
  $ —       $ —    
 

 

 

   

 

 

 

The income tax benefit for the period presented is offset by a valuation allowance established against deferred tax assets arising from operating losses and other temporary differences, the realization of which could not be considered more likely than not. In future periods, tax benefits and related tax deferred assets will be recognized when management considers realization of such amounts to be more likely than not.

At May 31, 2017, the Company had available net operating loss carry forwards of approximately $95.6 million, which expire beginning in 2029.

The Company’s income tax returns remain subject to examination by all tax jurisdictions for tax years May 31, 2014 through 2016.