Gaucho Group Holdings, Inc. Annual report pursuant to Section 13 and 15(d)

Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

INCOME TAXES

12 Months Ended

Dec. 31, 2015

13.	INCOME TAXES

The Company files tax returns in United States (“U.S.”) Federal, state and local jurisdictions, plus Argentina and the United Kingdom (“U.K.”).

United States and international components of income before income taxes were as follows:

	For The Years Ended
	December 31,
	2015			2014
United States	$	(5,837,026	)	$	(6,468,460	)
International		(2,441,938	)		(2,594,967	)
Income (loss) before income taxes	$	(8,278,964	)	$	(9,063,427	)

The income tax provision (benefit) consisted of the following:

	For The Years Ended
	December 31,
	2015			2014
Federal
Current	$	-		$	-
Deferred		(1,849,290	)		(2,648,686	)

State and local
Current		-			-
Deferred		(571,104	)		(817,977	)

Foreign
Current		-			-
Deferred		135,468			73,697

		(2,284,926	)		(3,392,966	)
Change in valuation allowance		2,284,926			3,392,966
Income tax provision (benefit)	$	-		$	-

For the years ended December 31, 2015 and December 31, 2014, the expected tax expense (benefit) based on the statutory rate is reconciled with the actual tax expense (benefit) as follows:

	For The Years Ended
	December 31,
	2015			2014
U.S. federal statutory rate		(34.0	%)		(34.0	%)
State taxes, net of federal benefit		(6.9	%)		(9.0	%)
Permanent differences		2.8	%		2.1	%
Write-off of deferred tax asset		2.3	%		3.0	%
Foreign minimum presumed income tax credit		1.6	%		0.8	%
Foreign rate differential		1.3	%		1.1	%
Other		5.3	%		(1.4	%)
Change in valuation allowance		27.6	%		37.4	%

Income tax provision (benefit)		0.0	%		0.0	%

As of December 31, 2015 and December 31, 2014, the Company’s deferred tax assets consisted of the effects of temporary differences attributable to the following:

	December 31,
	2015			2014

Net operating loss	$	18,480,962		$	16,134,419
Stock based compensation		1,678,231			1,716,612
Argentine tax credits		455,436			590,904
Accruals and other		563,390			592,447
Receivable allowances		247,811			211,296
Total deferred tax assets		21,425,830			19,245,678
Valuation allowance		(21,369,226	)		(19,084,300	)
Deferred tax assets, net of valuation allowance		56,604			161,378
Excess of book over tax basis of warrants		(56,604	)		(161,378	)
Net deferred tax assets	$	-		$	-

As of December 31, 2015 and December 31, 2014, the Company had approximately $40,875,000 and $35,825,000 of gross U.S. net operating loss (“NOL”) carryovers which may be carried forward for 20 years and begin to expire in 2019. These NOL carryovers are subject to annual limitations under Section 382 of the U.S. Internal Revenue Code when there is a greater than 50% ownership change, as determined under the regulations. Based on our analysis, there was a change of control on or about June 30, 2012 and we have determined that, due to the annual limitations under Section 382, approximately $7,566,000 of NOLs will expire unused and are not included in available NOLs stated above. Therefore, we have reduced the related deferred tax asset for U.S. NOL carryovers by approximately $3,367,000 from June 30, 2012 forward. The Company’s U.S. NOL’s generated through the date of the ownership change on June 30, 2012 are subject to an annual limitation of approximately $1,004,000.

As of December 31, 2015 and December 31, 2014, the Company had approximately $440,000 and $432,000 of gross U.K. NOL carryovers which do not expire. Finally, as of December 31, 2015 and December 31, 2014, the Company had approximately $455,000 and $591,000 of Argentine tax credits which may be carried forward 10 years and begin to expire in 2015.

Foreign earnings are assumed to be permanently reinvested. U.S. federal income taxes have not been provided on undistributed earnings of our foreign subsidiary.

In assessing the realization of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will be realized. The ultimate realization of deferred tax assets is dependent upon the future generation of taxable income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and taxing strategies in making this assessment. Based on this assessment, management has established a full valuation allowance against all of the net deferred tax assets for each period, since it is more likely than not that all of the deferred tax assets will not be realized. The valuation allowance for the years ended December 31, 2015 and 2014 increased by approximately $2,393,000 and $3,393,000, respectively.

Management has evaluated and concluded that there were no material uncertain tax positions requiring recognition in the Company’s consolidated financial statements as of December 31, 2015 and 2014. The Company does not expect any significant changes in its unrecognized tax benefits within twelve months of the reporting date. The Company has U.S. tax returns subject to examination by tax authorities beginning with those filed for the year ended December 31, 2012. The Company’s policy is to classify assessments, if any, for tax related interest as interest expense and penalties as general and administrative expenses in the consolidated statements of operations.