| INCOME TAXES |
NOTE
20 – INCOME TAXES
The
Tax Cuts and Jobs Act (the “Tax Act”) was enacted on December 22, 2017. The Tax Act reduces the maximum U.S. federal corporate
tax rate from 35% to 21%, allows net operating losses incurred in 2018 and beyond to be carried forward indefinitely, allows alternative
minimum tax carryforwards to be partially refunded, beginning in 2018, and fully refunded by 2021, and creates new taxes on certain foreign
sourced earnings.
At September 30, 2021,
the Company had approximately $37,099,262 of federal and $13,726,364 of state net operating losses. The net operating loss carryforwards,
if not utilized, will begin to expire in 2036 for federal purposes and in 2036 for state purposes. The company is currently reviewing
net operating losses for Section 382 limitation purposes and will make any required adjustments to the net operating losses at the completion
of the study.
The
following is a geographical breakdown of loss before the provision for income taxes:
| | |
Year ended September 30, | |
| | |
2021 | | |
2020 | |
| | |
| | |
Restated | |
| Domestic | |
$ | 30,957 | | |
$ | (6,422,704 | ) |
| Foreign | |
| 738,255 | | |
| (933,531 | ) |
| Loss before provision for income taxes | |
$ | | |
$ | ) |
Cemtrex
Inc. and Subsidiaries
The
provision for income taxes consisted of the following:
| | |
September
30, 2021 | | |
September
30, 2020 | |
| | |
| | |
Restated | |
| Current (benefit)/provision | |
|
| | |
| | |
| Federal | |
$ |
- | | |
$ | - | |
| State | |
|
375,434 | | |
| (209,032 | ) |
| Foreign | |
|
- | | |
| - | |
| Total
current (benefit)/provision | |
|
375,434 | | |
| (209,032 | ) |
| | |
|
| | |
| | |
| Deferred provision | |
|
| | |
| | |
| Federal | |
|
- | | |
| 2,282,867 | |
| State | |
|
- | | |
| - | |
| Foreign | |
|
- | | |
| - | |
| Total
deferred provision | |
$ |
- | | |
$ | 2,282,867 | |
| | |
|
| | |
| | |
| Total (benefit)/provision
for income taxes | |
$ |
375,434 | | |
$ | 2,073,835 | |
| | |
|
| | |
| | |
| Effective Income tax rate | |
|
48.81 | % | |
| -28.19 | % |
The
following is a reconciliation of the effective income tax rate to the federal and state statutory rates:
| | |
For the Fiscal Year | | |
For the Fiscal Year | |
| | |
Ended | | |
Ended | |
| | |
September 30, 2021 | | |
September 30, 2020 | |
| | |
| | |
Restated | |
| U.S. statutory rate | |
| 21.00 | % | |
| 21.00 | % |
| State statutory rate | |
| 6.50 | % | |
| 6.50 | % |
| Foreign tax rate differential | |
| 0.00 | % | |
| 0.00 | % |
| Change in valuation allowance | |
| 0.00 | % | |
| -30.78 | % |
| Effect of change in rates | |
| 0.00 | % | |
| 0.00 | % |
Permanent differences | |
| 21.31 | % | |
| -24.91 | % |
| Effective rate | |
| 48.81 | % | |
| -28.19 | % |
Cemtrex
Inc. and Subsidiaries
The
components of our deferred tax assets and liabilities are summarized as follows:
| | |
September 30, 2021 | | |
September 30, 2020 | |
| | |
| | |
Restated | |
| Deferred Tax Assets: | |
| | | |
| | |
| Net operating loss carryforwards | |
$ | 8,702,738 | | |
$ | 20,482,973 | |
| Inventory | |
| 1,405,057 | | |
| - | |
| Prepaid expenses | |
| - | | |
| - | |
| Allowance for bad debt | |
| 35,345 | | |
| 3,491 | |
| Fixed Assets | |
| - | | |
| 19,271 | |
| Goodwill amortization | |
| - | | |
| - | |
| Non-qualified stock options | |
| - | | |
| - | |
| Warrants (interest expense) | |
| 1,155,642 | | |
| - | |
| Accruals | |
| 280,447 | | |
| 2,699,246 | |
| Warranty Reserve | |
| 28,002 | | |
| - | |
| Foreign Tax Credits | |
| - | | |
| 354,000 | |
| Other | |
| 4,358
| | |
| - | |
| Total gross deferred taxes | |
| 11,611,589 | | |
| 23,558,981 | |
| Valuation allowance | |
| (9,491,650 | ) | |
| (22,720,711 | ) |
| Net deferred tax assets | |
| 2,119,939 | | |
| 838,270 | |
| | |
| | | |
| | |
| Deferred Tax Liabilities: | |
| | | |
| | |
Inventory and other Reserves | |
| (638,230 | ) | |
| - | |
| Inventory | |
| - | | |
| (2,277 | ) |
| Prepaid expenses | |
| (87,934 | ) | |
| (45,563 | ) |
| Goodwill amortization | |
| (557,074 | ) | |
| (428,395 | ) |
| Research and development expenses | |
| - | | |
| - | |
| Depreciation | |
| (836,701 | ) | |
| (319,090 | ) |
| Gain/loss on fixed asset disposal | |
| - | | |
| - | |
| Other | |
| - | | |
| (42,945 | ) |
| Total deferred tax liabilities | |
| (2,119,939 | ) | |
| (838,270 | ) |
| | |
| | | |
| | |
| Total deferred tax assets (liabilities) | |
$ | - | | |
$ | - | |
|