Income Taxes | Note 12 Income Taxes China XD and Xinda Holding (HK) US Sub Inc. ("Xinda US)") (collectively referred to as the "U.S. Entities") are each subject to a tax rate of 34% and file separate U.S. federal income tax returns. Favor Sea (US) Inc. ("Favor Sea (US)") was subject to a tax rate of 34 Under the current laws of the British Virgin Island ("BVI"), Favor Sea Limited ("Favor Sea BVI"), a subsidiary of China XD, is not subject to tax on its income or capital gains. No provision for Hong Kong Profits Tax was made for Xinda Holding (HK) Co., Ltd. ("Xinda HK"), (formerly known as Hong Kong Engineering Plastics Co., Ltd.), Xinda (HK) International Trading Co., Ltd. ("Xinda Trading", liquidated in February 2015), and Xinda (HK) Trade Company Limited. ("HK Trading") as they did not have any assessable profits arising in or derived from Hong Kong for any of the periods presented. Under the current laws of Dubai, AL Composites Materials FZE ("Dubai Composites"), a subsidiary of China XD, is exempted from income taxes. The Company's PRC subsidiaries file separate income tax returns in the PRC. Effective from January 1, 2008, the PRC statutory income tax rate is 25 Pursuant to an approval from the local tax authority in July 2013, Sichuan Xinda Enterprise Group Co., Ltd. ("Sichuan Xinda Group"), a subsidiary of China XD, became a qualified enterprise located in the western region of the PRC, which entitled it to a preferential income tax rate of 15 The CIT Law and its implementation rules impose a withholding income tax at 10%, unless reduced by a tax treaty or arrangement, on the amount of dividends distributed by a PRC-resident enterprise to its immediate holding company outside the PRC that are related to earnings accumulated beginning on January 1, 2008. Dividends relating to undistributed earnings generated prior to January 1, 2008 are exempt from such withholding income tax. China XD earnings from its subsidiaries in PRC 488,303,847 434,416,319 117,827,046 83,272,307 The components of income before income taxes are as follows: Years Ended December 31, 2015 2014 2013 US$ US$ US$ US (3,512,598 ) (4,957,190 ) (4,768,725 ) BVI (18,685,588 ) (16,070,146 ) (7,685 ) Hong Kong (306,945 ) (973,523 ) (815,408 ) Dubai 34,554,739 83,267,935 - PRC, excluding Hong Kong 89,920,646 77,775,570 186,127,783 Total income before income taxes 101,970,254 139,042,646 180,535,965 The Company's income tax expense (benefit) recognized in the consolidated statements of comprehensive income consists of the following: Years Ended December 31, 2015 2014 2013 US$ US$ US$ Current income tax expense-PRC 20,618,211 20,089,436 47,559,763 Current income tax expense-US - 195,598 1,017,585 Deferred income tax benefit-PRC (2,380,236 ) (2,018,757 ) (1,880,228 ) Total income tax expense 18,237,975 18,266,277 46,697,120 The effective income tax rate based on income tax expense and income before income taxes reported in the consolidated statements of comprehensive income differs from the PRC statutory income tax rate of 25 Years Ended December 31, 2015 2014 2013 US$ US$ US$ PRC statutory income tax rate 25 % 25 % 25 % Increase (decrease) in effective income tax rate resulting from: Tax rate differential on US entities not subject to PRC income tax - - (0.2 )% Tax rate differential on HK entities not subject to PRC income tax - - 0.1 % Tax rate differential on BVI entities not subject to PRC income tax 4.6 % 2.9 % - Tax rate differential on UAE entities not subject to PRC income tax (8.5 )% (15.0 )% - Non-deductible expenses 0.4 % 0.6 % 0.8 % Preferential tax rate (4.5 )% (3.3 )% (0.7 )% Change in valuation allowance 1.2 % 0.5 % (0.0 )% R&D additional deduction (2.6 )% 0.0 % 0.0 % Others 2.3 % 2.4 % 0.9 % Effective income tax rate 17.9 % 13.1 % 25.9 % The principal components of the Company's deferred income tax assets and deferred income tax liabilities are as follows: December 31, 2015 2014 US$ US$ Deferred income tax assets: Tax loss carry forwards 1,941,124 727,711 Less: valuation allowance (1,941,124 ) (727,711 ) Deferred income tax assets, net - - Deferred income tax liabilities: Net assets of Research Institute granted to Research Center - 1,185,638 Forward contract - (604 ) Property, plant and equipment 13,874,224 15,766,517 Total deferred income tax liabilities (included in other non-current liabilities 13,874,224 16,951,551 The Research Institute was established with a registered capital of approximately US$ 0.4 Heilongjiang Xinda Enterprise Group Macromolecule Materials R&D Center Company Limited ("Xinda Group Material Research") 84.0 84.0 0.5 21.5 The movements of the valuation allowance are as follows: Years Ended December 31, 2015 2014 2013 US$ US$ US$ Balance at the beginning of the year 727,711 73,182 556,677 Expiration due to liquidation (68,070 ) - (437,762 ) Additions of valuation allowance 1,333,527 662,151 72,305 Reduction of valuation allowance (52,044 ) (7,622 ) (118,038 ) Balance at the end of the year 1,941,124 727,711 73,182 The valuation allowance as of December 31, 2015, 2014 and 2013 was primarily provided for the deferred income tax assets of certain entities, which were at cumulative loss positions. As of December 31, 2015, for U.S. federal income tax purposes, the Company had tax loss carryforwards of (i) US$ 590,057 212,659 159,481 217,917 5,827,090 67,201 1,160,448 4,599,441 2,018,829 A reconciliation of the beginning and ending amount of total unrecognized tax benefits for the year ended December 31, 2015 is as follows: Year ended December 31, 2015 2014 2013 US$ US$ US$ Balance at beginning of year 14,609,258 8,807,490 - Increase related to current year tax positions 7,051,049 5,801,768 8,807,490 Balance at end of year 21,660,307 14,609,258 8,807,490 At December 31, 2015, 2014 and 2013, there are US$ 18,370,729 12,544,088 6,690,841 The Company recognizes interest accrued related to unrecognized tax benefits in interest expense and does not recognize penalties. During the years ended December 31, 2015, 2014 and 2013, the Company recognized approximately US$ 1,905,191 1,322,135 nil 3,095,819 1,322,135 respectively which were included in other non-current liabilities. 21,076,874 14,025,825 583,433 The tax returns of the U.S. Entities are subject to U.S. federal income tax examination by tax authorities for the years from 2013 to 2015. According to the PRC Tax Administration and Collection Law, the statute of limitations is three years if the underpayment of taxes is due to computational errors made by the taxpayer or the withholding agent. The statute of limitations is extended to five years under special circumstances where the underpayment of taxes is more than US$15,000. In the case of transfer pricing issues, the statute of limitations is ten years. There is no statute of limitations in the case of tax evasion. The tax returns of the Company's PRC subsidiaries for the years from 2013 to 2015 are open to examination by the PRC tax authorities. |