INCOME TAXES
The Company files federal, state and foreign income tax returns in jurisdictions with varying statutes of limitations. The Company uses the asset and liability method under which deferred income taxes are provided for the temporary differences between the financial reporting basis and the tax basis of the Company’s assets and liabilities. Deferred taxes are measured using provisions of currently enacted tax laws. A valuation allowance against deferred tax assets is recorded when it is more likely than not that such assets will not be fully realized. The Company's valuation allowance offsets substantially all its net deferred tax assets as it is more likely than not that the benefit of the deferred tax assets will not be recognized in future periods.
On July 4, 2025, the One Big Beautiful Bill Act ("OBBBA") was signed into law. Key elements of the Tax Cuts and Jobs Act of 2017 are made permanent under the OBBBA, including 100% bonus depreciation, domestic research cost expensing and the business interest expense limitation. The legislation has multiple effective dates, with certain provisions effective in 2025 and others effective in 2026 or 2027. FASB ASC 740, "Income Taxes", requires the effects of changes in tax rates and laws on tax balances to be recognized in the period in which the legislation is enacted. As the Company maintains a full valuation allowance on its U.S. deferred tax assets, the legislation did not have a material impact on the income tax expense or effective tax rate for the year ended December 31, 2025.
The Company’s pre-tax book loss for domestic and international operations was $8,811 and $1,352 for 2025, $36,983 and $6,691 for 2024, and $17,822 and $12,025 for 2023. The Company had undistributed earnings of foreign subsidiaries of approximately $774 at December 31, 2025. The Company does not consider these earnings as permanently reinvested but has determined that any related deferred taxes upon repatriation would be offset by our valuation allowance.
The Company’s provision for income taxes for each of the years ended December 31 is as follows:
 202520242023
Current tax expense
Federal$— $— $— 
State698 450 389 
Foreign649 568 217 
Total current tax expense1,347 1,018 606 
Deferred tax expense
Federal$(1,215)$(4,985)$(2,972)
State1,276 (1,087)(928)
Foreign(1,273)(1,379)(3,671)
Change in valuation allowance1,150 7,457 7,556 
Total deferred tax expense(62)(15)
Total tax expense$1,285 $1,024 $591 
The detail of deferred tax assets and liabilities at December 31 is as follows:
 20252024
Deferred tax assets:
Net operating loss carryforwards $117,132 $116,679 
Research and development credit carryforwards22,089 18,181 
Research and experimental expenditures24,257 31,106 
Equity compensation 12,486 11,738 
Finance and operating lease liabilities5,250 2,494 
Inventories 3,179 3,325 
Accruals and reserves 1,863 1,478 
Property and equipment327 1,052 
Total deferred tax assets186,583 186,053 
Deferred tax liabilities:
Intangible assets(3,085)(5,005)
Right-of-use assets(3,029)(1,749)
Other
(217)(254)
Total deferred tax liabilities(6,331)(7,008)
Valuation allowance(180,177)(179,027)
Net deferred tax assets$75 $18 
The Company’s 2025 effective income tax rate differs from the federal statutory rate as follows:
 2025
Federal tax at statutory rate21.0 %$(2,134)
Nontaxable or nondeductible items
Officer compensation disallowance(19.0)1,927 
Share-Based Payment Awards(19.7)2,003 
50% meals disallowance(7.1)721 
Other0.9 (96)
Changes in valuation allowance(12.0)1,215 
Tax Credits
Federal R&D tax credit38.5 (3,908)
State & local income taxes, net of federal income tax effect
(5.5)565 
Foreign tax effects
Netherlands
Change in valuation allowance(11.9)1,212 
Deferred adjustments5.0 (507)
Statutory rate difference1.3 (131)
Other foreign jurisdictions(3.9)394 
Effect of cross-border tax laws(0.2)%24 
Effective tax rate (12.6)%$1,285 
California, Texas and Pennsylvania make up the majority (greater than 50%) of the tax effect in this category.
The Company's 2024 and 2023 effective income tax rates differ from the federal statutory rate as follows:
 20242023
Federal tax at statutory rate 21.0 %$(9,171)21.0 %$(6,268)
Permanent differences(6.7)2,942 (10.4)3,092 
Valuation allowance (17.1)7,457 (25.3)7,556 
State income taxes 1.7 (742)1.8 (539)
Federal R&D credit 6.9 (3,010)6.6 (1,966)
Foreign income taxes(1.3)567 3.4 (1,012)
Federal deferred adjustments(6.8)2,981 0.9 (272)
Effective tax rate (2.3)%$1,024 (2.0)%$591 
The Company has federal net operating loss carryforwards of $216,111 which expire between 2029 and 2037 and $175,808 which have no expiration. The Company has state and local net operating loss carryforwards of $229,449 which expire between 2026 to 2045. A portion of the Company’s federal and state net operating loss carryforwards are subject to certain limitations under Internal Revenue Code Sections 382 and 383. The Company has federal research and development credit carryforwards of $22,089 which expire between 2026 and 2045. Additionally, the Company has foreign net operating loss carryforwards of $84,431 which have no expiration.
The Company's federal, state, local and foreign tax returns are routinely subject to review by various taxing authorities. Federal income tax returns for periods beginning in 2022 are open for examination. Generally, state and foreign income tax returns for periods beginning in 2021 are open for examination. However, taxing authorities have the ability to audit net operating loss and tax credit carryforwards from years prior to these periods. The Company has not recognized certain tax benefits because of the uncertainty of realizing the entire value of the tax position taken on income tax returns upon review by the taxing authorities. The Company has not accrued any interest and penalties related to unrecognized
income tax benefits as a result of offsetting net operating losses. However, if required, the Company will recognize interest and penalties within income tax expense and within the related tax liability.
A reconciliation of the change in federal and state unrecognized tax benefits for 2025, 2024 and 2023 is presented below:
 202520242023
Balance at the beginning of the year $1,514 $1,672 $1,762 
Increases (decreases) for prior year tax positions (296)(158)(90)
Increases (decreases) for current year tax positions— — — 
Increases (decreases) related to settlements — — — 
Decreases related to statute lapse — — — 
Balance at the end of the year $1,218 $1,514 $1,672 
The balance of unrecognized tax benefits, as disclosed above, would result in adjustments to deferred taxes and related valuation allowances
Income taxes paid (net of refunds) was $1,290 for the year ended December 31, 2025. The following jurisdictions exceeded 5% of total income taxes paid (net of refunds) in 2025:
 2025
Federal$— 
State
California213 
Texas134 
Pennsylvania118 
Foreign
United Kingdom225 
Spain105 
Australia99 
Canada82 

Historical Timeline

Fiscal YearFiled
2025Feb 19, 2026Showing above
2024Feb 14, 2025
2023Feb 16, 2024
2022Feb 22, 2023
2021Feb 17, 2022
2020Feb 26, 2021
2019Feb 24, 2020
2018Mar 1, 2019
2017Feb 28, 2018
2016Mar 8, 2017
2015Feb 29, 2016

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.