Note 12 - Income Taxes
The provision (benefit) for income taxes of the Company for the years ended December 31, 2025 and 2024 consists of the following:
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| Year Ended December 31, |
| (In thousands) | 2025 | | 2024 | | |
| Current: | | | | | |
| Federal | $ | (778) | | | $ | 1,346 | | | |
| State | 392 | | | 255 | | | |
| Current income taxes (benefit) | (386) | | | 1,601 | | | |
| Deferred income taxes (benefit): | | | | | |
| Federal | (3,768) | | | (756) | | | |
| State | (1,816) | | | 1,120 | | | |
| Deferred income taxes (benefit): | (5,584) | | | 364 | | | |
| Total income tax expense (benefit) | $ | (5,970) | | | $ | 1,965 | | | |
Cash paid for income taxes (net of refunds received) by jurisdiction after the prospective adoption of ASU 2023-09 for the year ended December 31, 2025 is as follows:
| | | | | | | | |
| | Year ended December 31, |
| (In thousands) | | 2025 |
| Federal | | $ | (252) | |
| State | | |
| Arizona | | 43 |
| California | | 314 |
| Colorado | | 31 |
| Illinois | | 30 |
| North Carolina | | 26 |
| Texas | | 40 |
| Utah | | 18 |
| Virginia | | 73 |
| All other states (individually less than 5% of total) | | 35 |
| Total income taxes paid, net of refunds | | $ | 358 | |
The Company’s effective income tax rates for the years ended December 31, 2025 and 2024 were 13.2% and (4.3)%, respectively. The determination of the Company’s overall effective income tax rate requires the use of estimates.
The effective income tax rate reflects the income earned and taxed in U.S. federal and various state jurisdictions based on enacted tax law, permanent differences between book and tax items, tax credits and the Company’s change in relative income in each jurisdiction. Changes in tax laws and rates may affect recorded deferred tax assets and liabilities and the Company’s effective income tax rate in the future. The Company has immaterial operations outside the U.S., as such, no foreign income tax was recorded.
The provision for income taxes differed from the amount obtained by applying the statutory U.S. federal income tax rate to income before income taxes. The reconciliations of the statutory income tax rate to the effective income tax rate reflecting the prospective adoption of ASU 2023-09 are as follows:
| | | | | | | | | | | | | | | |
| | Year Ended December 31, | |
| | 2025 | |
| (In thousands) | | Amount | | Percent | |
| Federal statutory tax rate (21%) | | $ | (9,509) | | | 21.0 | % | |
State and local income tax, net of federal income tax effect (1) | | (1,089) | | | 2.4 | | |
| Tax credits | | (140) | | | 0.3 | | |
| Changes in valuation allowance | | — | | | — | | |
| Nontaxable or Nondeductible items | | | | | |
| Executive compensation limit | | 113 | | | (0.2) | | |
| Meals and Entertainment | | 42 | | | (0.1) | | |
| Goodwill impairment | | 4,664 | | | (10.3) | | |
| Other nontaxable or nondeductible items | | 32 | | | (0.1) | | |
| Changes in unrecognized tax benefits | | — | | | — | | |
| Other adjustments | | (83) | | | 0.2 | | |
| Total income tax benefit | | $ | (5,970) | | | 13.2 | % | |
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(1) State taxes in CA made up the majority (greater than 50 percent) of the tax effect in this category
The reconciliation from the statutory U.S. federal tax rate to our effective income tax rate prior to the adoption of ASU 2023-09 is as follows (in thousands, except percentages):
| | | | | | | | | | | | |
| | | | | Year Ended December 31, |
| | | | | 2024 | | | |
| Federal statutory tax rate (21%) | | | | | 21.0 | % | | | |
| State statutory tax rate | | | | | (1.1) | % | | | |
| | | | | | | | |
| U.S permanent differences | | | | | (0.3) | % | | | |
| Noncontrolling interests | | | | | 0.2 | % | | | |
| Officers’ compensation | | | | | (0.4) | % | | | |
| Rate change | | | | | (1.2) | % | | | |
| | | | | | | | |
| Change in valuation allowance | | | | | 1.6 | % | | | |
| Tax credits | | | | | 0.3 | % | | | |
| | | | | | | | |
| Uncertain tax positions | | | | | 0.3 | % | | | |
| Stock compensation | | | | | (0.2) | % | | | |
| | | | | | | | |
| | | | | | | | |
| Dissolution of HFFI | | | | | (1.6) | % | | | |
| SEC Settlement | | | | | (1.8) | % | | | |
| Goodwill impairment charges | | | | | (21.1) | % | | | |
| | | | | | | | |
| Effective tax rate | | | | | (4.3) | % | | | |
Temporary differences and carryforwards of the Company that created significant deferred tax assets and liabilities are as follows:
| | | | | | | | | | | | | | |
| (In thousands) | | December 31, 2025 | | December 31, 2024 |
| Deferred tax assets: | | | | |
| Allowance for expected credit losses | | $ | 303 | | | $ | 343 | |
| Inventories | | 1,060 | | | 967 | |
| | | | |
| | | | |
| Equity compensation | | 563 | | | 465 | |
| Compensation related accruals | | 888 | | | 948 | |
| | | | |
| Fair value change in interest rate swap contracts | | 282 | | | — | |
| Leases | | 11,657 | | | 4,956 | |
| Accrued expenses | | 571 | | | 792 | |
| Interest expense limitation | | — | | | 2,297 | |
| Equity investments | | 161 | | | 163 | |
| Net operating loss carryforwards | | 1,236 | | | — | |
| | | | |
| Other | | 398 | | | 283 | |
| Total deferred tax assets | | 17,119 | | | 11,214 | |
| Deferred tax liabilities: | | | | |
| Property and equipment | | (9,895) | | | (6,751) | |
| Intangible assets | | (24,417) | | | (30,609) | |
| Right of use assets | | (6,080) | | | (2,646) | |
| | | | |
| Fair value change in interest rate swap contracts | | — | | | (170) | |
| Other | | (535) | | | (430) | |
| Total deferred tax liabilities | | (40,927) | | | (40,606) | |
| Less: Valuation allowance | | — | | | — | |
| Net deferred tax liabilities | | $ | (23,808) | | | $ | (29,392) | |
As of December 31, 2025, the Company had federal and various state net operating loss (“NOL”) carryforwards of $5.5 million and $1.9 million, respectively. The federal net operating loss carryforwards do not expire, while the state net operating loss carryforwards have various expiration dates. In addition, the Company had federal tax credit carryforwards of approximately $0.1 million. As of December 31, 2024, the Company had no federal or state net operating loss carryforwards.
In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. During the year ended December 31, 2025, management concluded that it was more likely than not that the Company would be able to realize the benefit of the deferred tax assets in the future. We based this conclusion on historical and projected operating performance, as well as our expectation that our operations will generate sufficient taxable income and gains in future periods to realize the tax benefits associated with the deferred tax assets. As such, no valuation allowances have been recorded in the aforementioned tax years.
The Company will continue to assess the need for a valuation allowance in the future by evaluating both positive and negative evidence that may exist.
Unrecognized Tax Benefits
| | | | | | | | | | | | | |
| Year Ended December 31, |
| (In thousands) | 2025 | | 2024 | | |
| Total unrecognized tax benefits on January 1, | $ | — | | | $ | 106 | | | |
| Decrease related to positions taken on items from prior years | — | | | (106) | | | |
| | | | | |
| Increase related to positions taken in the current year | — | | | — | | | |
| | | | | |
| Total unrecognized tax benefits on December 31, | $ | — | | | $ | — | | | |
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The Company has no unrecognized tax benefits as of December 31, 2025 and 2024. This is due to the statute of limitations expiring as of December 31, 2024 on previously unrecognized tax benefits.
The Company recognizes interest and penalties related to unrecognized tax positions in income tax expense. As of December 31, 2025 and 2024, the Company had no accrued penalties or interest. During the year ended December 31, 2024, the Company reversed all remaining accrued penalties and accrued interest related to unrecognized tax benefits as an income tax benefit.
As of December 31, 2025, the Company’s U.S. federal and state income tax returns for tax years 2022 through 2024 remain subject to examination by tax authorities.