Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

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INCOME TAXES
12 Months Ended
Sep. 30, 2018
INCOME TAXES [Abstract]  
INCOME TAXES
NOTE 17 - INCOME TAXES

As of September 30, 2018, the Company had federal and state net operating loss carryforwards of approximately $6.5 million available to reduce future years’ taxable income through 2037.  Future tax benefits which may arise as a result of these losses have not been recognized in these consolidated financial statements, as their realization is determined not likely to occur and accordingly, the Company has recorded a valuation allowance for the deferred tax asset relating to these tax loss carryforwards.   Deferred tax assets are established using the U.S. federal statutory tax rate of 21.0% and a state tax rate, net of federal benefit, of 2.6%.

Income tax expense attributable to pretax loss from operations differed from the amounts computed by applying the U.S. federal income tax rate of 21% to pretax loss as a result of the following:

   
For the Year Ended
 
   
September 30,
2018
   
September 30,
2017
 
             
Computed “expected” tax expense
  $
(242,000
)  
$
(597,000
)
Increase (reduction) in income tax resulting from:
               
Change in valuation allowance
   
230,000
     
330,000
 
State taxes, net of federal benefit
   
(36,000
)    
(46,000
)
Non-deductible losses and expenses
   
48,000
     
313,000
 
                 
Total income tax
 
$
-
   
$
-
 

The components of the deferred tax asset and the amount of the valuation allowance are as follow:

   
September 30,
2018
   
September 30,
2017
 
Deferred tax asset attributed to:
           
Net operating losses
  $
1,570,000
   
$
1,980,000
 
Less, valuation allowance
   
(1,570,000
)    
(1,980,000
)
Net deferred tax assets
 
$
-
   
$
-
 

The decrease in the valuation allowance of approximately $410,000 during the year ended September 30, 2018 primarily represents the  change in the US federal corporate tax rate from 35% to 21% as applied to in the  net operating loss carry-forwards.

Utilization of the net operating loss carryforwards may be subject to substantial annual limitation under Section 382 of the Internal Revenue Code of 1986, and corresponding provisions of state law, due to ownership changes that have occurred previously or that could occur in the future. These ownership changes may limit the amount of carryforwards that can be utilized annually to offset future taxable income. In general, an ownership change, as define by Section 382, results from transactions increasing the ownership of certain stockholders or public groups in the stock of a corporation by more than 50% over a three-year period. The Company has not conducted a study to determine whether a change of control has occurred or whether there have been multiple changes of control due to the significant complexity and cost associated with such a study. If the Company has experienced a change of control, as defined by Section 382, utilization of the net operating loss carryforwards or research and development tax credit carryforwards would be subject to an annual limitation under Section 382. Any limitation may result in expiration of a portion of the net operating loss carryforwards before utilization. Further, until a study is completed and any limitation is known, no amounts are being presented as an uncertain tax position.

The statute of limitations for assessment by the Internal Revenue Service, or the IRS, and state tax authorities is open for tax years since inception for federal and state tax purposes. The Company files income tax returns in the U.S. federal and North Carolina state jurisdictions. There are currently no federal or state audits in progress.

The Tax Cuts and Jobs Act (the Act) was enacted on December 22, 2017.  The Act reduces the US federal corporate tax rate from 35% to 21% and will require the Company to re-measure certain deferred tax assets and liabilities based on the rates at which they are anticipated to reverse in the future, which is generally 21%. Additionally, net operating losses incurred after January 1, 2018 can be carried forward indefinitely. The Company has reflected the aspects of the Act as it relates our calculations as of September 30, 2018.