Annual report pursuant to Section 13 and 15(d)


12 Months Ended
Dec. 31, 2015
Notes to Financial Statements  

The expense (benefit) for income taxes consists of the following:


    December 31,
    December 31,
Federal   $ -     $ -  
State     -       -  
      -       -  
Federal     44,000       -  
State     -       -  
Total   $ 44,000     $ -  


The reconciliation between the Company's effective tax rate and the statutory tax rate is as follows:


    December 31,
    December 31,
Expected Income tax expense (benefit) at statutory rate net   $ (3,694,000 )   $ (8,940,000 )
Nondeductible items     368,000       2,173,000  
Warrants expense     1,196,000       2,216,000  
Derivatives expense     (545,000 )     1,274,000  
Net operating losses     2,667,000       3,227,000  
Other     52,000       50,000  
Reported income tax expense (benefit)   $ 44,000     $ -  
Effective tax rate     -0.49%       0.00 %



The components of deferred tax assets and liabilities are as follows:


    December 31,
    December 31,
Deferred income tax assets:            
Allowance for bad debt   $ 74,000     $ 21,000  
Warrants expense     3,412,000       2,216,000  
Derivatives expense     729,000       1,274,000  
Net operating losses     7,029,000       3,227,000  
      11,244,000       6,738,000  
Deferred income tax liabilities:                
Depreciation     (44,000 )     -  
Total     11,200,000       6,738,000  
Valuation allowance     (11,244,000 )     (6,738,000 )
Net deferred tax assets   $ (44,000 )   $ -  


Permanent differences include ordinary and necessary business expenses deemed by the Company as a non-allowable deduction under IRC § 280E, and tax deductions related to equity compensation that are less than the compensation recognized for financial reporting.


As of December 31, 2015 and December 31, 2014, the Company had net operating loss carryforwards of approximately $16,250,000 and $12,276,000, respectively, which, if unused, will expire beginning in years 2034. These tax attributes are subject to an annual limitation from equity shifts, which constitute a change of ownership as defined under Internal Revenue Code Section 382, which will limit their utilization. The Company has yet to assess the effect of these limitations, but expects these losses to be substantially limited. Accordingly, the Company has placed a reserve against any assets associated with these losses.


Management assesses the available positive and negative evidence to estimate if sufficient future taxable income will be generated to use the existing deferred tax assets. A significant piece of objective negative evidence evaluated was the cumulative losses incurred through the period ended December 31, 2015. Such objective evidence limits the ability to consider other subjective evidence, such as our projections for future growth. On the basis of this evaluation, as of December 31, 2015, a valuation allowance of has been recorded against all deferred tax assets as these assets are more likely than not to be unrealized. The amount of the deferred tax asset considered realizable, however, could be adjusted if estimates of future taxable income during the carryforward period are reduced or increased or if objective negative evidence in the form of cumulative losses is no longer present and additional weight may be given to subjective evidence such as our projections for growth.


For the year ended December 31, 2015, IVXX, Inc., produced and sold cannabis pure concentrates, subjecting the company to the limits of IRC §280E. Pursuant to IRC § 280E, the Company is allowed only to deduct expenses directly related to sales of product. The Company has allocated accelerated depreciation related to production equipment, which results in a difference in the cost of sales for financial reporting and tax reporting taxable income. As a result the Company had no current taxable income for the year ended December 31, 2015, but has recorded a deferred tax liability related to the tax depreciation in excess of that reported for financial reporting purposes.