Income Tax Disclosure [Text Block] | Note 16: Income Taxes The Company accounts for income taxes under FASB ASC 740, “Accounting for Income Taxes” (“ASC 740”). Deferred income tax assets and liabilities are determined based upon differences between financial reporting and tax bases of assets and liabilities and are measured using the enacted tax rates and laws that will be in effect when the differences are expected to reverse. The components of the consolidated income tax benefit from continuing operations are as follows: For the Years Ended December 31, 2015 2014 2013 Loss before taxes Domestic $ (26,652,135 ) $ (64,343,390 ) $ (86,599,121 ) Foreign (418,873 ) (1,251,283 ) (3,218,211 ) Total $ (27,071,008 ) $ (65,594,673 ) $ (89,817,332 ) The reconciliation of the provision for income taxes from continuing operations at the United States Federal statutory tax rate of 34% is as follows: For the Years Ended December 31, 2015 2014 2013 Loss before taxes $ (27,071,008 ) $ (65,594,673 ) $ (89,817,332 ) Income tax benefit applying United States federal statutory rate of 34% (9,204,143 ) $ (22,302,189 ) $ (30,537,893 ) State taxes, net of federal benefit (776,264 ) (1,183,397 ) (1,674,412 ) Permanent differences Derivative fair value adjustment 203,498 5,359,878 (1,323,618 ) Other 26,037 - 40,669 Increase in valuation allowance 4,763,028 30,513,501 31,336,114 Change in effective tax rate - United States (2,910,847 ) (2,679,697 ) 1,597,640 Change in effective tax rate - foreign - - - Expiration/true-up of NOL's 7,840,050 (10,236,058 ) 110,950 Rate difference between United States federal statutory rate and Netherlands statutory rate 58,642 175,180 450,550 Other - 352,782 - Income tax expense (benefit) $ - $ - $ - Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the Company’s deferred income taxes are as follows: As of December 31, 2015 2014 Deferred income tax assets Net operating loss carryforwards $ 188,129,680 $ 181,983,692 Stock based compensation 9,825,558 8,957,780 Inventories 2,569,531 2,864,989 Warranty liability 1,235,724 1,745,093 Fixed asset impairment 616,709 1,168,224 Accrued legal fees 945,664 552,889 Goodwill impairment on asset acquisition 459,591 871,229 Accrued rebates 843,340 448,481 Accounts receivable 165,495 138,221 Accrued compensation 154,130 357,750 Charitable contribution carryforward 67,682 56,979 Depreciation 66,987 66,775 Accrued Expenses 55,691 - India start-up costs 33,136 32,645 Reserve for losses on non-cancelable purchase commitments - 172,110 Accrued Florida use tax - 830 Total deferred income tax assets 205,168,916 199,417,687 Less: valuation allowance (203,452,854 ) (198,689,826 ) Net deferred tax assets $ 1,716,063 $ 727,861 Deferred income tax liabilities Stock losses $ (171,976 ) $ (169,409 ) Interest Expense (14,004 ) Loss on disposal of long-lived assets (1,530,083 ) (558,452 ) Total deferred income tax liabilities (1,716,063 ) (727,861 ) Net deferred tax liabilities $ - $ - ASC 740 requires a valuation allowance to reduce the deferred tax assets reported if, based on the weight of the evidence, it is more likely than not that some portion or all of the deferred tax assets will not be realized. After consideration of all evidence, both positive and negative, management has determined that a $203.5 million valuation allowance as of December 31, 2015 is necessary to reduce the deferred tax assets to the amount that will more likely than not be realized. The change in the valuation allowance for the current year is $4.8 million. As of December 31, 2015, the Company had tax loss carryforwards available to offset future income taxes, subject to expiration as follows: Year of Expiration United States Net Operating Tax Loss Carryforwards The Netherlands Net Operating Tax Loss Carryforwards 2016 - 3,869,995 2017 - 4,265,206 2018 5,357,429 4,692,440 2019 2,293,432 908,706 2020 1,473,066 908,568 2021 2,769,043 2,027,511 2022 1,840,300 - 2023 2,031,270 - 2024 3,353,481 - 2025 2,293,432 - 2026 2,293,432 - 2027 9,937,230 - 2028 29,631,134 - 2029 33,916,312 - 2030 50,887,617 2031 67,057,312 2032 90,683,320 2033 82,316,468 2034 59,822,398 2035 28,057,263 Total $ 476,013,939 $ 16,672,426 At the time of the reverse merger transaction and resulting change in control, in June 2007, the Company had accumulated approximately $75.0 million in loss carryforwards. As a result of the change in control, the Company is limited by Section 382 of the Internal Revenue Code in the amount of loss carryforwards that it may apply to its taxable income in any tax year. These loss carryforwards expire from 2018 through 2035. To the extent the Company is able to utilize available loss carryforwards that arose from operations in tax years prior to September 26, 2003, any benefit realized will be credited to income tax expense. The Company recognizes tax benefits from uncertain tax positions only if it is more likely than not that the tax position will be sustained on examination by the taxing authorities, based on the technical merits of the position. The tax benefits recognized in the financial statements from such positions are measured based on the largest benefit that has a greater than 50% likelihood of being realized upon ultimate settlement. As of December 31, 2015 and 2014, the Company had no unrecognized tax benefits. The Company’s policy is to recognize interest and penalties related to income taxes in its income tax provision. The Company has not accrued or paid interest or penalties which were material to its results of operations for the years ended December 31, 2015, 2014 and 2013. The Company files income tax returns in its U.S. federal jurisdictions and various state jurisdictions. As of December 31, 2015, the Company’s income tax returns prior to 2011 and 2010 are closed to examination for federal and state purposes, respectively. The Company’s 2013 federal income tax return is currently being examined by the Internal Revenue Service. The Company does not anticipate any material change in the next 12 months for uncertain tax positions. |