Note 11

 

Income Taxes

The Company is operated as, and has elected to be taxed as, a REIT under Sections 856 to 860 of the Code. As a REIT, the Company is generally not subject to corporate level income taxes on REIT taxable income that is distributed to its shareholders. Income related to the Lessee, as a taxable REIT subsidiary (“TRS”) of the Company, is subject to federal and state income taxes.

The components of income tax expense (benefit) are as follows (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2025

 

 

2024

 

 

2023

 

Current:

 

 

 

 

 

 

 

 

 

Federal

 

$

-

 

 

$

-

 

 

$

-

 

State

 

 

959

 

 

 

947

 

 

 

1,135

 

Deferred:

 

 

 

 

 

 

 

 

 

Federal

 

 

-

 

 

 

-

 

 

 

-

 

State

 

 

-

 

 

 

-

 

 

 

-

 

Income tax expense

 

$

959

 

 

$

947

 

 

$

1,135

 

Income tax expense for the years ended December 31, 2025, 2024 and 2023 was $1.0 million, $0.9 million and $1.1 million, respectively. Texas franchise tax comprises more than 50% of the Company’s total state income tax expense. No other state or jurisdiction represented more than 20% of the Company’s total income tax expense.

Below is a reconciliation between the provision for income taxes and the amounts computed by applying the federal statutory income tax rate to the income or loss before taxes (in thousands):
 

 

 

Year Ended December 31,

 

 

2025

 

Percent of income before income taxes

 

2024

 

Percent of income before income taxes

 

2023

 

Percent of income before income taxes

Statutory federal tax expense

 

$

37,028

 

21%

 

$

44,954

 

21%

 

$

37,273

 

21%

Federal tax impact of REIT election

 

 

(46,325

)

-26%

 

 

(50,456

)

-23%

 

 

(39,865

)

-22%

Statutory federal tax expense
  (benefit) at TRS

 

 

(9,297

)

-5%

 

 

(5,502

)

-3%

 

 

(2,592

)

-1%

State income tax expense (benefit), net
  of federal tax benefit

 

 

758

 

0%

 

 

748

 

0%

 

 

897

 

1%

Change in valuation allowance

 

 

9,498

 

5%

 

 

5,701

 

3%

 

 

2,830

 

2%

    Income tax expense

 

$

959

 

1%

 

$

947

 

0%

 

$

1,135

 

1%

Income taxes paid are as follows (in thousands):

 

 

Year Ended December 31,

 

 

2025

 

 

2024

 

 

2023

 

Cash paid for income taxes:

 

 

 

 

 

 

 

 

   Federal

$

-

 

 

$

-

 

 

$

-

 

   Texas

 

682

 

 

 

666

 

 

 

619

 

   Oregon

 

260

 

 

 

87

 

 

 

290

 

   Ohio

*

 

 

 

54

 

 

*

 

   Illinois

*

 

 

*

 

 

 

70

 

   Other state and local jurisdictions

 

96

 

 

 

69

 

 

 

314

 

      Total income taxes paid, net

$

1,038

 

 

$

876

 

 

$

1,293

 

 

* Indicates the amount of income taxes paid for this jurisdiction does not meet the 5% disaggregation threshold for the period.

 

As of December 31, 2025, the Company had deferred tax assets of approximately $43 million consisting primarily of net operating loss carryforwards. A portion of the federal loss carryforwards expire beginning in 2029; however, a portion of the federal loss carryforwards do not expire. The state loss carryforwards have various expiration dates; however, for certain states some loss carryforwards do not expire. The TRS had a net operating loss carryforward for U.S. federal income tax purposes of approximately $155 million as of December 31, 2025, and $110 million as of December 31, 2024. The TRS has historical cumulative operating losses and is expected to be in a cumulative loss for the foreseeable future. As a result, the realizability of the Company’s deferred tax assets as of December 31, 2025 and 2024 is not reasonably assured. Therefore, the Company has recorded a valuation allowance equal to the full 100% of the net deferred tax assets as of December 31, 2025 and 2024.

Characterization of Distributions

For income tax purposes, distributions paid consist of ordinary income, capital gains, return of capital or a combination thereof. For the years ended December 31, 2025, 2024 and 2023, distributions per share were characterized as follows (unaudited):

 

 

 

Year Ended December 31,

 

 

 

2025

 

 

2024

 

 

2023

 

Amount of distributions per share

 

$

0.96

 

 

$

1.01

 

 

$

1.01

 

Characterized as:

 

 

 

 

 

 

 

 

 

Ordinary income

 

 

100

%

 

 

100

%

 

 

97

%

Capital gain distributions

 

 

0

%

 

 

0

%

 

 

0

%

Return of capital

 

 

0

%

(1)

 

0

%

 

 

3

%

 

(1)
Percentage is less than 1%.

Distributions of $0.13 per common share declared in December 2023 and paid in January 2024 were treated as 2023 distributions for tax purposes. Distributions of $0.13 per common share declared in December 2024 and paid in January 2025 were

treated as 2024 distributions for tax purposes. Distributions of $0.08 per common share declared in December 2025 and paid in January 2026 were treated as 2025 distributions for tax purposes.

No provision for U.S. federal income taxes has been included in the Company’s financial statements for the years ended December 31, 2025, 2024 and 2023 related to its REIT activities.

Historical Timeline

Fiscal YearFiled
2025Feb 23, 2026Showing above
2024Feb 24, 2025
2023Feb 22, 2024
2022Feb 21, 2023

About Income Taxes Disclosures

The income tax disclosure reveals how much a company actually pays in taxes versus what the statutory rate would predict. Analysts focus on the effective tax rate (ETR) reconciliation, which breaks down every item driving the gap between the 21% federal rate and the company's reported ETR — including R&D credits, foreign rate differentials, and state taxes. Deferred tax assets (DTAs) and their valuation allowances signal management's confidence in future profitability: a rising allowance suggests the company doubts it can use accumulated tax benefits. Uncertain tax benefit (UTB) reserves quantify exposure to IRS challenges on aggressive positions.

Key signals to watch: sudden ETR drops without clear operational reasons, large increases in valuation allowances, growing UTB balances, and significant unremitted foreign earnings. Post-TCJA, pay attention to GILTI and BEAT provisions that affect multinational tax structures. Compare the cash taxes paid (from the cash flow statement) against the income tax provision to gauge earnings quality.