Note 15. Income Taxes

 

U.S and foreign components of consolidated loss before income taxes for the years ended December 31, 2025, 2024 and 2023, was as follows (in thousands):

 

 

 

2025

 

 

2024

 

 

2023

 

Loss before income taxes:

 

 

 

 

 

 

 

 

 

Domestic

 

$

(17,709

)

 

$

(21,318

)

 

$

(38,281

)

International

 

 

2,426

 

 

 

562

 

 

 

959

 

 Loss before income taxes

 

$

(15,283

)

 

$

(20,756

)

 

$

(37,322

)

 

 

The provision for income taxes for the years ended December 31, 2025, 2024 and 2023, was as follows (in thousands):

 

 

 

2025

 

 

2024

 

 

2023

 

Provision for income taxes:

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

 

 

Foreign

 

$

338

 

 

$

130

 

 

$

285

 

Federal

 

 

 

 

 

 

 

 

 

State

 

 

11

 

 

 

70

 

 

 

36

 

Total current

 

 

349

 

 

 

200

 

 

 

321

 

Deferred:

 

 

 

 

 

 

 

 

 

Foreign

 

 

 

 

 

 

 

 

 

Federal

 

 

3

 

 

 

3

 

 

 

2

 

State

 

 

2

 

 

 

2

 

 

 

2

 

Total deferred

 

 

5

 

 

 

5

 

 

 

4

 

Provision for income taxes

 

$

354

 

 

$

205

 

 

$

325

 

 

 

 

 

 

 

 

 

 

 

 

A summary of cash paid for income taxes, net of refunds received, for the year ended December 31, 2025 was as follows (in thousands):

 

 

 

 

 

 

 

2025

 

Federal

 

$

 

State

 

 

 

Pennsylvania

 

 

34

 

Other states

 

 

27

 

Foreign

 

 

 

Netherlands

 

 

198

 

France

 

 

42

 

Total cash paid for income taxes, net of refunds

 

$

301

 

 

Significant components of the Company’s deferred tax assets and liabilities consisted of the following (in thousands):

 

 

 

2025

 

 

2024

 

Deferred tax assets

 

 

 

 

 

 

Net operating loss carryforwards

 

$

132,585

 

 

$

127,184

 

Research and development credit carryforwards

 

 

31,323

 

 

 

29,739

 

Capitalized research and development

 

 

27,362

 

 

 

35,861

 

Compensation items

 

 

10,425

 

 

 

9,437

 

Other

 

 

14,637

 

 

 

13,933

 

Total deferred tax assets

 

 

216,332

 

 

 

216,154

 

Less valuation allowance

 

 

(214,026

)

 

 

(214,321

)

Net deferred tax assets

 

 

2,306

 

 

 

1,833

 

 

 

 

 

 

 

 

Deferred tax liabilities

 

 

 

 

 

 

Other

 

 

(236

)

 

 

(226

)

Right of use asset

 

 

(2,149

)

 

 

(1,676

)

Total deferred tax liabilities

 

 

(2,385

)

 

 

(1,902

)

Less valuation allowance

 

 

 

 

 

 

Net deferred tax liabilities

 

$

(79

)

 

$

(69

)

 

A reconciliation of the U.S. Federal statutory tax rate to our 2025 annual tax rate is as follows (in thousands):

 

 

 

Amount

 

 

Tax Rate

 

U.S. federal statutory tax rate

 

$

(3,209

)

 

 

21

%

 

 

 

 

 

 

 

State income tax, net of federal benefit (1)

 

 

11

 

 

 

 

Foreign tax effects

 

 

 

 

 

 

Netherlands

 

 

 

 

 

 

Foreign currency related items

 

 

(222

)

 

 

2

 

Other

 

 

51

 

 

 

 

Other foreign jurisdictions

 

 

(1

)

 

 

 

Tax Credits

 

 

 

 

 

 

Federal research credits(2)

 

 

(605

)

 

 

4

 

Change in valuation allowance

 

 

(1,678

)

 

 

11

 

Nontaxable or nondeductible items

 

 

 

 

 

 

Stock compensation(3)

 

 

3,501

 

 

 

(23

)

Other

 

 

(56

)

 

 

 

Changes in unrecognized tax benefits

 

 

(30

)

 

 

 

Other adjustments

 

 

 

 

 

 

Expired federal carryovers of losses, credits and deductions

 

 

2,592

 

 

 

(17

)

Total income tax expense

 

$

354

 

 

 

(2

%)

(1) State taxes in California, Florida, Massachusetts, and Pennsylvania make up the majority (greater than 50%) of the tax effect in this category.

(2) Current year amount generated net of prior year adjustments and expirations.

(3) Net effects of programs including shortfalls and executive items.

 

A reconciliation of the U.S. Federal statutory tax rate to our 2024 and 2023 annual tax rate is as follows (in thousands):

 

 

 

 

 

 

 

 

 

 

2024

 

 

2023

 

Federal statutory tax

 

$

(4,359

)

 

$

(7,838

)

Federal research credits

 

 

(853

)

 

 

(1,065

)

State research credits

 

 

(767

)

 

 

(642

)

Expiration of federal carryovers

 

 

5,206

 

 

 

7,284

 

Change in valuation allowance

 

 

(2,357

)

 

 

1,361

 

Compensation related items

 

 

4,015

 

 

 

3,257

 

State taxes

 

 

(259

)

 

 

(1,710

)

Revision to prior year items

 

 

(676

)

 

 

(664

)

Other

 

 

255

 

 

 

342

 

Provision for income taxes

 

$

205

 

 

$

325

 

 

 

 

 

 

 

 

The valuation allowance decreased by $0.3 million for the year ended December 31, 2025, compared to the decrease of $2.6 million and increase $1.0 million for the years ended December 31, 2024 and 2023, respectively. The Company believes that, based on a number of factors, the available objective evidence creates sufficient uncertainty regarding the realizability of the deferred tax assets such that a valuation allowance has been recorded. These factors include the Company’s history of net losses since its inception, the need for regulatory approval of the Company’s products prior to commercialization and expected near-term future losses. The Company expects to maintain a valuation allowance until circumstances change.

For the year ended December 31, 2025, the Company reported pretax net losses on its consolidated statement of operations and calculated taxable losses for federal purposes and varying taxable income and losses for state purposes based on individual jurisdictions. The differences between reported net loss and taxable income or loss are due to differences between book accounting and the respective tax laws. The most notable differences are the treatment of research and development expenses and compensation related items.

The Company’s tax losses and credits are subject to varying carryforward periods. The gross amounts and dates of expiration of the significant carryforwards are as follows:

 

 

 

 

 

Expires

 

 

Expires

 

 

Expires

 

 

No

 

 

 

Total

 

 

2026-2028

 

 

2029-2035

 

 

2036-2045

 

 

Expiration

 

Federal losses carryovers

 

$

584,015

 

 

$

82,920

 

 

$

199,210

 

 

$

74,375

 

 

$

227,510

 

California loss carryovers

 

 

108,035

 

 

 

19,243

 

 

 

48,774

 

 

 

40,018

 

 

 

 

Other state loss carryovers

 

 

52,119

 

 

 

16

 

 

 

5,175

 

 

 

33,217

 

 

 

13,711

 

Federal research credits

 

 

17,852

 

 

 

1,117

 

 

 

2,533

 

 

 

14,202

 

 

 

 

California research credits

 

 

16,887

 

 

 

 

 

 

 

 

 

 

 

 

16,887

 

Federal foreign tax credits

 

 

610

 

 

 

610

 

 

 

 

 

 

 

 

 

 

 

The Company’s ability to utilize net operating loss and research and development credit carryforwards is limited by (a) its ability to generate future taxable income, (b) varying apportionment and allocation rules, and (c) limitations pursuant to the ownership change rules in accordance with Sections 382 and 383 of the Internal Revenue Code, as well as similar state provisions.

The Company’s unrecognized tax benefits primarily relate to federal and California research tax credits. These tax credits have not been utilized on any tax return and currently have no impact on the Company’s tax expense due to the Company’s operating losses and the related valuation allowances. There are additional unrecognized tax benefits related to foreign activities.

The following is a tabular reconciliation of the total amounts of unrecognized tax benefits (in thousands):

 

 

December 31,

 

 

December 31,

 

 

 

2025

 

 

2024

 

Unrecognized tax benefits at beginning of period

 

$

7,837

 

 

$

7,924

 

Decreases related to expired carryforwards

 

 

(82

)

 

 

(344

)

Decreases related to administrative proceedings

 

 

 

 

 

(127

)

Increases related to prior year tax positions

 

 

52

 

 

 

94

 

Increases related to current year tax positions

 

 

298

 

 

 

290

 

Unrecognized tax benefits at end of period

 

$

8,105

 

 

$

7,837

 

The Company recognizes accrued interest and penalties related to unrecognized tax benefits in its income tax expense.

Historical Timeline

Fiscal YearFiled
2025Mar 2, 2026Showing above
2024Feb 26, 2025
2023Mar 5, 2024
2022Mar 1, 2023
2021Feb 22, 2022
2020Feb 25, 2021
2019Feb 21, 2020
2018Feb 27, 2019
2017Mar 8, 2018
2016Mar 8, 2017
2015Mar 9, 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.