v3.26.1
Note 14 - Income Taxes
12 Months Ended
Dec. 31, 2025
Notes to Financial Statements  
Income Tax Disclosure [Text Block]

14. Income taxes

 

The components of income tax expense (benefit) of the Company are summarized as follows:

 

  

December 31, 2025

  

December 31, 2024

 

Current taxes:

        

Federal

 $12,821,098  $13,195,875 

State

  900,114   1,014,207 

Foreign

  -   - 

Current tax expense (benefit)

  13,721,212   14,210,082 
         

Deferred taxes:

        

Federal

  (1,766,025)  (1,578,197)

State

  (311,475)  (441,642)

Foreign

  -   - 

Deferred tax expense (benefit)

  (2,077,500)  (2,019,839)
         

Income tax expense (benefit)

 $11,643,712  $12,190,243 

 

The actual income tax provision differs from the expected amount calculated by applying the statutory income tax rate to the loss before tax. These differences result from the following:

 

  

December 31, 2025

  

December 31, 2024

 

Income (loss) before income taxes

 $(52,279,983) $(35,606,613)

Statutory income tax rate

  21%  21%

Income tax expense (benefit) at statutory rate

  (10,978,796)  (7,477,389)
         

State income taxes

  588,639   1,853,657 

UTP Related to 208E

  18,576,098   12,273,276 

Nondeductible penalties

  -   489,813 

Other permanent differences

  173,102   - 

Book Impairment

  -   3,175,774 

Change in valuation allowance

  1,570,242   847,315 

Change in state rate

  17,005   4,561 

Prior period adjustments

  1,458,561   200,817 

2023 UTP related to Holdco

  -   188,550 

UTP Penalties & Interests

  2,548,718   545,937 

Other adjustments

  (2,309,857)  87,931 

Income tax expense (benefit)

 $11,643,712  $12,190,243 

 

The IRS has taken the position that cannabis companies are subject to the limits of Section 280E of the Code for U.S. federal income tax purpose, under which, they are only allowed to deduct expenses directly related to costs of goods sold. The company has taken a position that its deduction of ordinary and necessary business expenses is not limited by Section 280E of the Code.  The position by the Company does not achieve a more likely than not tax position, therefore the financial statements are presented on the basis that 280E does apply.

 

Deferred taxes are provided using as asset and liability method whereby deferred tax assets are recognized based on the rates at which they are expected to reserve in the future. Temporary differences are the differences between the reported amount of assets and liabilities and their tax basis. The effect on deferred tax assets and liabilities of a change in tax law or tax rates is recognized in income in the period that enactment occurs.

 

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

 

  

December 31, 2025

  

December 31, 2024

 

Deferred tax assets:

        

Loss carryforwards

 $15,654,624  $15,885,208 

Share based compensation

  2,102,227   1,611,565 

Charitable Contribution

  515   515 

Loyalty points

  48,573   513,959 

Capital loss carry forward

  11,109,075   11,109,075 

Lease liabilities

  4,740,770   4,913,815 

Inventory Reserve

  719,809   49,463 

COGS related Impairment

  1,177,959   370,419 

Gross deferred tax assets

  35,553,552   34,454,019 
         

Valuation allowance

  (30,043,884)  (28,473,642)

Net deferred tax assets

  5,509,668   5,980,377 
         

Deferred Tax Liabilities:

        

Other Licenses

  1,219,063   2,242,272 

Right-of-use assets

  2,951,308   4,452,567 

Property and equipment

  47,479   71,220 

Net deferred tax liabilities

  4,217,850   6,766,059 
         
         

Total net deferred tax assets (liabilities)

 $1,291,818  $(785,682)

 

As at December 31, 2025, the Company has $72,426,034 of gross U.S. federal net operating losses and $5,020,248 of gross U.S. state net operating losses. The Company’s U.S. federal net operating losses can be carried forward indefinitely. The Company’s U.S. state net operating losses have 20-year carryforward periods and begin to expire in 2042. On September 15, 2023, the Company changed its jurisdiction from the Province of British Columbia, Canada, to the State of Nevada. As a result, the Company filed final Canadian income tax returns for the 2023 tax year and no longer has any Canadian income tax attributes as of December 31, 2025.

 

As of December 31, 2024, the company recorded an uncertain tax liability on the consolidated balance sheet for tax position taken that it does not owe taxes attributable to the application of Section 280E of the Internal Revenue Code.  Based on the information currently available, we do not anticipate a significant increase or decrease to our income tax contingencies for these issues within the next 12 months.

 

 

A reconciliation of the beginning and ending amount of uncertain tax liabilities is as follow:

         
   

2025

  

2024

 
 

Balance at Beginning of Year

  19,321,475   - 
 

Additions based on tax position related to the current year 280E position

  11,594,492   13,800,944 
 

Additions based on tax position related to the prior year

  2,125,435   5,520,531 
 

Balance at End of Year

  33,041,402   19,321,475 
          

A reconciliation of the beginning and ending amount of uncertain tax benefits is as follow:

         
   

2025

  

2024

 
 

Balance at Beginning of Year

  41,877,402   - 
 

Increase related to tax position in a prior period

  -   27,530,520 
 

Increase relted to tax positions in the current period

  11,594,492   13,800,944 
 

Interest and penalties in income tax expense

  2,125,435   545,937 
 

Balance at End of Year

  55,597,329   41,877,402 

 

Deferred taxes arise from temporary differences in the recognition of certain expenses for tax and financial reporting purposes. In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. As of December 31, 2025, management believes it its more-likely-than-not that the Company’s net deferred tax assets related to its loss carryforwards, stock compensation, and Florida license would not be realized in the near future and records a full valuation allowance on these deferred tax assets. The Company’s valuation allowance represents the amount of tax benefits that are likely to not be realized. The net change in the valuation allowance from  December 31, 2024 was $1,570,242.

 

Pursuant to Sections 382 of the Internal Revenue Code, Federal and state tax laws impose significant restrictions on the utilization of tax attribute carryforwards in the event of a change in ownership of the Company, as defined by IRC Section 382. The Company does not expect IRC Section 382 to significantly impact the utilization of its net operating loss carryforwards, but plans to complete a formal analysis prior to releasing the valuation allowance on its net operating losses.

 

The Company files income tax returns in the U.S. federal jurisdiction and various U.S. state jurisdictions. The federal statute of limitations remains open for the 2021 tax year to present and the state statutes of limitations remain open for the 2020 tax year to present.