Annual report pursuant to Section 13 and 15(d)

Income taxes (Tables)

v3.7.0.1
Income taxes (Tables)
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Schedule of Components of Income (Loss) before Income Taxes
The components of "income (loss) before income taxes" for the periods were as follows:

 
Year ended
 
December 31,
2016
 
December 31,
2015
Loss from continuing operations before provision for income taxes
 
 
 
Domestic
$
(5,769,069
)
 
$
(2,077,455
)
Foreign
(224,798
)
 
(135,337
)
 
 
 
 
Total
$
(5,993,867
)
 
$
(2,212,792
)
Schedule of the Provision for Income Taxes
The components of our "provision (benefit) for income taxes" consist of the following:
             

 
Year Ended
 
December 31, 2016
 
December 31, 2015
Current tax expense:
 

 
 

Federal
$

 
$

State and local
61,920

 
533,815

Foreign
259,987

 
207,952

Total current tax expense
321,907

 
741,767

Deferred tax expense (benefit):
 

 
 

Federal
7,654,364

 
(7,631,243
)
State and local
2,393,893

 
(2,376,233
)
Foreign
(252
)
 
(50,778
)
Total deferred tax expense (benefit)
10,048,005

 
(10,058,254
)
Total income tax expense (benefit)
$
10,369,912

 
$
(9,316,487
)
Schedule of the Reconciliation Between the Effective Tax Rate and the Statutory Tax Rate
The difference between the reported income tax expense and taxes determined by applying the applicable U.S. federal statutory income tax rate to (loss) income before taxes from continuing operations is reconciled as follows: 

 
Year ended
 
December 31,
2016
 
December 31,
2015
Income tax benefit at federal statutory rate
$
(2,037,915
)
 
34.0
 %
 
$
(752,349
)
 
34.0
 %
State and local taxes – current
30,951

 
(0.5
)%
 
42,227

 
(1.9
)%
State and local taxes (benefits) – deferred
(746,820
)
 
12.5
 %
 
(574,273
)
 
26.0
 %
FICA tip credit
(430,360
)
 
7.2
 %
 
(495,254
)
 
22.4
 %
Foreign rate differential
(42,418
)
 
0.7
 %
 
19,500

 
(0.9
)%
Foreign tax - unrepatriated earnings
784,999

 
(13.10
)%
 

 
 %
Change in valuation allowance
12,029,957

 
(200.7
)%
 
(7,707,333
)
 
348.3
 %
Other items, net
781,518

 
(13.1
)%
 
150,995

 
(6.8
)%
Total income tax expense
$
10,369,912

 
(173.0
)%
 
$
(9,316,487
)
 
421.1
 %
Schedule of the Components of Deferred Tax Assets and Liabilities
Significant components of deferred tax assets and liabilities are presented below:

 
 
Year ended
 
December 31, 2016
 
December 31, 2015
Deferred tax assets:
 

 
 

Deferred rent liabilities
$
3,744,188

 
$
4,027,504

Lease incentives
1,565,606

 
508,351

Stock compensation
744,701

 
563,582

FICA tip credit carryforward
2,065,680

 
1,421,757

Net operating loss
6,246,404

 
1,899,676

Goodwill
2,861,663

 
3,258,403

Derivative expense

 
42,899

Inventory
10,200

 
9,789

Charitable contributions carryforward
30,283

 
6,131

Foreign tax credit carryforward
384,239

 
109,957

Deferred revenue
477,895

 
471,710

State and local tax credit carryforward
305,675

 
243,508

 
 
 
 
Total deferred tax assets
18,436,534

 
12,563,267

 
 
 
 
Deferred tax liabilities:
 
 
 
Depreciation and amortization
(5,321,194
)
 
(2,352,575
)
Basis in LLC interest
(20,353
)
 
(117,020
)
Unremitted foreign earnings
(784,999
)
 

ASC 740-10 liability
(229,000
)
 

Total deferred tax liabilities
(6,355,546
)
 
(2,469,595
)
 
 
 
 
Valuation allowance
(12,029,957
)
 

 
 
 
 
Net deferred tax assets
$
51,031

 
$
10,093,672