Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

v3.20.4
INCOME TAXES
12 Months Ended
Dec. 31, 2020
INCOME TAXES  
INCOME TAXES

NOTE 16 – INCOME TAXES

For the years ended December 31, 2020, 2019 and 2018, components of our provision for income taxes are as follows:

Provision for (Benefit from) Income Taxes

    

2020

    

2019

    

2018

Deferred taxes

$

(6,001,176)

$

13,787,654

$

3,445,721

Provision for (Benefit from) Income Taxes

$

(6,001,176)

$

13,787,654

$

3,445,721

The following is a reconciliation of income taxes computed using the U.S. federal statutory rate to the provision for income taxes:

Rate Reconciliation

    

2020

   

2019

   

2018

Tax at federal statutory rate

$

(54,476,731)

$

9,089,683

$

2,613,551

Non-deductible expenses

956

 

2,399

 

3,197

Excess tax benefit from stock option exercises and restricted stock vesting

(1,109,379)

 

4,055,418

 

828,973

Adjust prior estimates to tax return

(4,754)

 

19

 

States taxes, net of Federal benefit

(964,393)

 

160,913

 

Adjustment for change in future effective tax rate (1)

 

479,222

 

Valuation allowance (2)

50,553,125

Provision for Income Taxes

$

(6,001,176)

$

13,787,654

$

3,445,721

(1) The acquisition of the Northwest Shelf assets from Wishbone included properties in the State of New Mexico. The tax rates associated with the State of New Mexico adjusted our overall tax rate from 21% to 21.29%. This resulted in an additional tax expense during the year ended December 31, 2019 of $479,222.
(2) As a result of the ceiling test impairments recorded in 2020, a benefit from income tax provision was recorded resulting in a deferred tax asset. The Company recorded a full valuation allowance against the deferred tax asset of $50,553,125.

The net deferred taxes consisted of the following as of December 31, 2020 and 2019:

Deferred Taxes:

    

2020

    

2019

Deferred tax liabilities

 

  

Property and equipment

$

5,357,255

$

56,325,029

Deferred tax assets

 

  

Stock-based compensation

2,248,272

 

269,264

Operating loss and IDC carryforwards

3,108,983

 

50,054,589

Deferred tax assets

5,357,255

 

50,323,853

Net deferred income tax liability

$

$

6,001,176

As of December 31, 2020, the Company had net operating loss carry forwards for federal income tax reporting purposes of approximately $107.4 million which, if unused, will begin to expire in 2027 and fully expire in 2038 and an additional $150.2 million that will not expire.