INCOME TAX | NOTE 14 INCOME TAX The Company and each of its subsidiaries file separate income tax returns. The United States of America The Company is incorporated in the State of Delaware in the U.S., and is subject to U.S. federal corporate income tax at gradual rates of up to 35 British Virgin Islands Taibang Biological is incorporated in the British Virgin Islands. Under the current laws of the British Virgin Islands (BVI), Taibang Biological is not subject to tax on income or capital gains. In addition, upon payments of dividends by Taibang Biological, no British Virgin Islands withholding tax is imposed. Hong Kong Taibang Holdings (Hong Kong) Limited (“Taibang Holdings”, formerly known as “Logic Holdings (Hong Kong) Limited”) is incorporated in Hong Kong and is subject to Hong Kong’s profits tax rate of 16.5 PRC The PRC’s statutory income tax rate is 25 On February 12, 2009, Shandong Taibang received the High and New Technology Enterprise certificate from the Shandong provincial government. This certificate entitled Shandong Taibang to pay income taxes at a 15 15 According to CaiShui [2011] No. 58 dated July 27, 2011, Guizhou Taibang, being a qualified enterprise located in the western region of the PRC, enjoys a preferential income tax rate of 15 For the Years Ended December 31, December 31, December 31, 2015 2014 2013 USD USD USD PRC, excluding Hong Kong 147,580,488 122,116,071 98,401,673 U.S. (11,711,102) (8,032,150) (7,855,555) BVI (1,336,183) 8,625,859 2,116,243 Hong Kong 565,228 42,381 (260,996) Total 135,098,431 122,752,161 92,401,365 For the Years Ended December 31, December 31, December 31, 2015 2014 2013 USD USD USD Current income tax expense 21,163,258 23,155,637 15,427,669 Deferred tax (benefit) expense (170,345) 3,483,890 112,632 20,992,913 26,639,527 15,540,301 For the Years Ended December 31, December 31, December 31, 2015 2014 2013 (in percentage to earnings before income tax expense) PRC statutory income tax rate 25.0 % 25.0 % 25.0 % Non-deductible expenses: Share-based compensation 1.3 % 0.5 % 0.9 % Others 0.1 % 0.5 % 0.7 % Tax rate differential - (2.2) % (1.0) % Effect of PRC preferential tax rate (10.5) % (9.7) % (12.7) % Bonus deduction on research and development expenses (1.5) % (1.4) % (1.4) % Change in valuation allowance 1.3 % (0.7) % 1.7 % PRC dividend withholding tax - 7.3 % 2.8 % Tax effect of equity method investment (0.2) % 2.4 % 0.8 % Effective income tax rate 15.5 % 21.7 % 16.8 % The PRC tax rate has been used because the majority of the Company’s consolidated pre-tax earnings arise in the PRC. December 31, 2015 December 31, 2014 USD USD Deferred tax assets arising from: -Accrued expenses 3,225,045 3,345,926 -Tax loss carryforwards 8,669,632 10,401,398 Gross deferred tax assets 11,894,677 13,747,324 Less: valuation allowance (8,160,611) (6,661,139) Net deferred tax assets 3,734,066 7,086,185 Deferred tax liabilities arising from: - Intangible assets (314,109) (439,116) - Equity method investment (509,021) (3,740,259) - Dividend withholding tax (7,351,023) (7,351,023) Deferred tax liabilities (8,174,153) (11,530,398) Classification on consolidated balance sheets: Deferred tax assets current, net (included in prepayments and other current assets) 3,225,045 3,345,926 Deferred tax liabilities - non-current, net (included in other liabilities) (7,665,132) (7,790,139) 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. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible and tax loss carryforwards are utilized. Management considers the scheduled reversal of deferred tax liabilities (including the impact of available carryforwards periods), projected future taxable income, and tax planning strategies in making this assessment. The deferred tax assets of $ 8,669,632 6,560,170 2,109,462 26,240,681 4,911,567 6,754,594 5,050,711 5,079,935 4,443,874 6,204,299 162,235 3,382,154 978,837 1,296,319 384,754 6,560,170 6,051,100 1,600,441 610,039 For the Years Ended December 31, 2015 December 31, 2014 December 31, 2013 USD USD USD Beginning balance 6,661,139 7,558,590 5,887,981 Addition (deduction) during the year 1,703,771 (885,253) 1,588,875 Foreign currency translation adjustment (204,299) (12,198) 81,734 Ending balance 8,160,611 6,661,139 7,558,590 According to the prevailing PRC income tax law and relevant regulations, dividends relating to earnings accumulated beginning on January 1, 2008 that are received by non-PRC-resident enterprises from PRC-resident enterprises are subject to withholding tax at 10 34 7,351,023 74 283 As of January 1, 2013 and for each of the years ended December 31, 2013, 2014 and 2015, the Company and its subsidiaries did not have any unrecognized tax benefits, and therefore no interest or penalties related to unrecognized tax benefits were accrued. The Company does not expect that the amount of unrecognized tax benefits will change significantly within the next 12 months. The Company and each of its PRC subsidiaries file income tax returns in the United States and the PRC, respectively. The Company is subject to U.S. federal income tax examination by tax authorities for tax years beginning in 2007. 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 RMB 100,000 15,400 |