Note 13  Income Taxes

 

We are taxed as a C corporation and are subject to federal income tax on our taxable income at regular corporate rates. A full valuation allowance for deferred tax assets was historically provided each year as it was more likely than not that we would not realize the benefits of our deferred tax assets.  As a taxable C Corporation, we have evaluated our deferred tax assets for the year ended December 31, 2025, which consist primarily of net operating losses and our investment in the Operating Partnership. Management assesses the available positive and negative evidence to estimate whether sufficient future taxable income will be generated to permit use of the existing deferred tax assets. A significant piece of objective negative evidence evaluated was the cumulative loss incurred over the three-year period ended  December 31, 2025. Such objective evidence limits the ability to consider other subjective evidence, such as our projections for future growth. We have continued to generate a net loss and as such we have determined that we will continue to record a full valuation allowance against our deferred tax assets for the year ended December 31, 2025. A change in circumstances  may cause us to change our judgment about whether deferred tax assets should be recorded, and further whether any such assets would more likely than not be realized. We would generally report any change in the valuation allowance through our Consolidated Statements of Operations in the period in which such changes in circumstances occur.

 

The provision for income taxes for the years ended  December 31, 2025 and 2024 consisted of the following (dollars in thousands):

 

  

2025

  

2024

 

Current

        

Federal

      

State

     57 

Total Current

 $  $57 
         

Deferred

        

Federal

      

State

      

Total Deferred

      

Total

 $  $57 

 

The following table presents a reconciliation of the statutory corporate U.S. federal income tax rate to our effective tax rate as of December 31, 2025 and 2024 (dollars in thousands):

 

  

2025

  

2024

 

Tax at U.S. statutory rate

  21.00% $(4,493)  21.00% $(1,284)

Change in valuation allowance

  (17.74)%  3,794   (21.59)%  1,320 

Provision to return

  (4.20)%  898       

Other

  0.93%  (199)  0.59%  (36)

State taxes, net of federal effect (1)

            

Effective income tax

            

 

(1)

As the state tax liability is zero, there are no states over the 50% threshold.

 

The balances for deferred taxes for the years ended December 31, 2025 and 2024 consisted of the following (dollars in thousands):

 

  

Year Ended December 31,

 
  

2025

  

2024

 

Deferred Tax Assets:

        

NOL carryforward

 $22,618  $19,958 

Intangible assets

  3,288   3,766 

Investment in Operating Partnership

  10,814   9,399 

Gross deferred tax assets

 $36,720  $33,123 

Less valuation allowance

  (36,720)  (33,123)

Total deferred tax assets

 $  $ 

Deferred Tax Liabilities:

        

Total net deferred taxes

 $  $ 

 

As of December 31, 2025 and 2024, we had federal and various state net operating loss (NOL) carryforwards of $97.8 million and $95.8 million, respectively. The federal net operating losses generated in 2018 and after of $87.2 million will carryforward indefinitely and be available to offset up to 80% of future taxable income each year. The federal net operating losses generated prior to 2018 of $8.6 million will begin to expire in 2036 unless previously utilized.

 

The One Big Beautiful Bill Act (“OBBBA”) was enacted on  July 4, 2025 and does not materially impact the Company’s effective tax rate or cash flows in the current fiscal year.

 

Historical Timeline

Fiscal YearFiled
2025Mar 5, 2026Showing above
2024Mar 11, 2025
2023Mar 22, 2024

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.