Note 17. Income Taxes

The components of the Company’s loss before income taxes were as follows (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2025

 

 

2024

 

U.S.

 

$

(4,686

)

 

$

(73,752

)

Foreign

 

 

1,951

 

 

 

2,349

 

Loss before income taxes

 

$

(2,735

)

 

$

(71,403

)

 

The components of the income tax benefit (provision), net were as follows (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2025

 

 

2024

 

Current:

 

 

 

 

 

 

Federal

 

$

 

 

$

 

State and local

 

 

(79

)

 

 

(140

)

Foreign

 

 

(46

)

 

 

(94

)

 

$

(125

)

 

$

(234

)

Deferred:

 

 

 

 

 

 

Federal

 

$

 

 

$

(6

)

State and local

 

 

 

 

 

1

 

Foreign

 

 

 

 

 

 

 

 

 

 

 

(5

)

Income tax provision, net

 

$

(125

)

 

$

(239

)

 

The Company has continued to record a full VA against its DTAs at December 31, 2025 and 2024.

The provision for income taxes results in effective rates that differ from applicable statutory rates. A reconciliation of the provision for income taxes to the amount computed by applying the 21% statutory federal income tax rate after the adoption of ASU 2023-09 is as follows:

 

 

 

Year Ended December 31,

 

 

 

2025

 

 

2024

 

U.S. federal statutory tax rate

 

$

574

 

 

 

21.0

%

 

$

14,995

 

 

 

21.0

%

State and local income taxes, net of federal income tax effect (1)

 

 

(79

)

 

 

(2.9

%)

 

 

(152

)

 

 

(0.2

%)

Foreign tax effects - other

 

 

(46

)

 

 

(1.7

%)

 

 

(88

)

 

 

(0.1

%)

Nontaxable and nondeductible items

 

 

 

 

 

 

 

 

 

 

 

 

Equity-based compensation

 

 

(3,782

)

 

 

(138.3

%)

 

 

(2,719

)

 

 

(3.8

%)

Common stock warrant liability

 

 

(416

)

 

 

(15.2

%)

 

 

240

 

 

 

0.3

%

Return-to-provision adjustment

 

 

(18

)

 

 

(0.7

%)

 

 

657

 

 

 

0.9

%

Goodwill impairment

 

 

 

 

 

 

 

 

(4,200

)

 

 

(5.9

%)

Other

 

 

47

 

 

 

1.7

%

 

 

2

 

 

 

 

Changes in valuation allowance

 

 

3,595

 

 

 

131.5

%

 

 

(8,974

)

 

 

(12.5

%)

Total

 

$

(125

)

 

 

(4.6

%)

 

$

(239

)

 

 

(0.3

%)

(1)The state and local jurisdictions that contribute to the majority (greater than 50%) of the tax effect in this category include Texas.

DTAs and DTLs are as follows (in thousands):

 

 

 

As of December 31,

 

 

2025

 

 

2024

 

 

Deferred tax assets:

 

 

 

 

 

 

 

Net operating losses

 

$

94,044

 

 

$

89,640

 

 

Equity-based compensation

 

 

10,645

 

 

 

14,142

 

 

Tax basis step-up

 

 

8,700

 

 

 

10,135

 

 

Inventory

 

 

7,979

 

 

 

12,478

 

 

Capitalized research expense

 

 

7,676

 

 

 

10,505

 

 

Intangible assets

 

 

5,469

 

 

 

6,060

 

 

Interest expense carryover

 

 

3,997

 

 

 

3,316

 

 

R & D credit carryover

 

 

3,886

 

 

 

3,886

 

 

Deferred income

 

 

1,167

 

 

 

61

 

 

Foreign tax credit carryover

 

 

1,041

 

 

 

920

 

 

Property and equipment

 

 

976

 

 

 

624

 

 

Capital loss carryforwards

 

 

886

 

 

 

 

 

Lease obligations

 

 

473

 

 

 

849

 

 

Accrued expenses

 

 

320

 

 

 

374

 

 

Accrued employee compensation and benefits

 

 

298

 

 

 

579

 

 

Other

 

 

732

 

 

 

1,461

 

 

Total deferred tax assets

 

 

148,289

 

 

 

155,030

 

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Prepaid expenses

 

 

(1,385

)

 

 

(1,714

)

 

Content assets

 

 

(1,284

)

 

 

(2,520

)

 

Right-of-use assets

 

 

(398

)

 

 

(750

)

 

Total deferred tax liabilities

 

 

(3,067

)

 

 

(4,984

)

 

Net deferred tax assets before valuation allowance

 

 

145,222

 

 

 

150,046

 

 

Valuation allowance

 

 

(145,222

)

 

 

(150,047

)

 

Net deferred tax liabilities

 

$

 

 

$

(1

)

 

 

Net deferred tax liabilities are included in other liabilities in the consolidated balance sheet.

 

As of December 31, 2025, the Company has accumulated U.S. federal and state net operating loss ("NOL") carryforwards of $377.4 million and $439.6 million, respectively. Of the federal NOL carryforwards, $2.3 million was generated before January 1, 2018 and subject to a 20-year carryforward period. The remaining $375.1 million can be carried forward indefinitely but is subject to an 80% taxable income limitation. The U.S. federal losses subject to carryforward limitations and state NOL carryforwards will begin to expire in 2037 and 2026, respectively. As of December 31, 2025, the Company has accumulated U.S. federal and state research tax credits of $3.5 million and $1.7 million, respectively. The U.S. federal research tax credits will begin to expire in 2039. The U.S. state research tax credits do not expire.

Uncertain Tax Positions

 

The following table summarizes the activity related to the Companys gross unrecognized tax benefits (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2025

 

 

2024

 

 

 

 

 

 

 

 

Unrecognized tax benefits, beginning of year

 

$

1,044

 

 

$

1,044

 

Additions for current year tax positions

 

 

 

 

 

 

Unrecognized tax benefits (excluding interest and penalties), end of year

 

 

1,044

 

 

 

1,044

 

Interest and penalties associated with unrecognized tax benefits

 

 

 

 

 

 

Unrecognized tax benefits including interest and penalties, end of year

 

$

1,044

 

 

$

1,044

 

 

The unrecognized tax benefits are recorded as a reduction in the Companys gross DTAs. The unrecognized tax benefits would not impact the Company’s effective tax rate if recognized as the Company maintains a full valuation allowance on its net deferred tax assets.

The Company files U.S. federal, numerous state and local income, franchise, U.K., and Canada tax returns. With a few exceptions, the Company is no longer subject to U.S. federal, state, local, or Canada tax examination by taxing authorities for years prior to 2022. For the U.K., the Company is no longer subject to tax examinations by the taxing authorities for years prior to 2023.

Historical Timeline

Fiscal YearFiled
2025Mar 10, 2026Showing above
2024Mar 28, 2025
2023Mar 11, 2024
2022Mar 16, 2023
2021Mar 1, 2022
2020Mar 26, 2021

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.