18. INCOME TAXES

Details of the provision for income taxes consist of the following:

Year Ended December 31, 

  ​ ​ ​

2025

  ​ ​ ​

2024

2023

Federal

$

41,749

$

29,465

$

32,136

State

 

14,628

 

16,846

 

12,407

$

56,377

$

46,311

$

44,543

Current

$

15,678

$

74,311

$

57,962

Deferred

 

40,699

 

(28,000)

 

(13,419)

Total

$

56,377

$

46,311

$

44,543

A reconciliation of the differences between the U.S. statutory federal income tax rate of 21.0% and the Company’s effective income tax rate as of December 31, 2025, after the adoption of ASU 2023-09, is as follows:

Year Ended December 31,

2025

Amount

Percent

Federal statutory rate

$

45,163

21.0%

State income taxes, net of federal tax effect*

13,601

6.3%

Tax credits

Orphan drug credit

(7,999)

(3.7)%

Research and development credit

(610)

(0.3)%

Nontaxable or nondeductible Items

In-process research and development

3,150

1.5%

Other

1,967

0.9%

Other adjustments

1,105

0.5%

Effective tax rate

$

56,377

26.2%

*State taxes include the impact of the remeasurement of state deferred tax assets. There was no individual state that made up the majority (greater than 50%) of the tax effect in this category.

A reconciliation of the differences between the U.S. statutory federal income tax rate of 21.0% and the Company’s effective income tax rate as of December 31, 2024, and 2023, prior to the adoption of ASU 2023-09, is as follows:

Year Ended December 31, 

2024

  ​ ​ ​

2023

  ​ ​ ​

Federal income tax rate

21.0

%  

21.0

%  

Stock-based compensation

0.5

(0.4)

State taxes

6.4

5.7

Credits

(4.7)

(2.1)

Nondeductible IPR&D

1.8

0.3

Valuation allowance

0.6

Other

(0.9)

0.6

Total

24.1

%  

25.7

%  

The Company made cash payments for income taxes, net of refunds, during the year ended December 31, 2025, as follows:

  ​ ​

Year Ended December 31,

2025

Federal

$

12,254

State

Pennsylvania

4,006

Tennessee

2,715

Other

845

Total State

$

7,566

Total Income tax paid, net of refunds

$

19,820

Significant components of the Company’s deferred tax assets and liabilities as of December 31, 2025, and 2024, are as follows:

  ​ ​ ​

As of December 31, 

2025

  ​ ​ ​

2024

Assets

  ​ ​ ​

Liabilities

Assets

  ​ ​ ​

Liabilities

Acquired in-process research and development

$

36,992

$

$

42,312

$

Net operating loss carryforward

 

49,242

 

 

52,458

 

Accrued compensation

 

36,459

 

 

29,116

 

Credits

 

3,499

 

 

3,902

 

Lease obligations, net

 

52

 

 

5

 

Fixed assets

 

 

41

 

209

 

Inventory

 

4,713

 

 

7,169

 

Accrued rebates

6,320

5,100

Research and development

10,794

57,583

Other

 

6,068

 

542

 

25

 

733

Total

$

154,139

 

583

$

197,879

 

733

Net deferred tax asset

$

153,556

197,146

Valuation allowance

$

(3,857)

$

$

(6,748)

$

Total

$

149,699

$

$

190,398

$

As of December 31, 2025, and December 31, 2024, our deferred tax assets primarily related to acquired in-process research and development costs, operating loss carryforwards, capitalized research and development costs, inventory, and accrued rebates. On July 4, 2025, the "One Big Beautiful Bill Act" (the "OBBBA") was enacted. The OBBBA contains several changes to corporate taxation, including the allowance of immediate expensing of domestic research and development expenses. As a result, the Company recorded a $48,000 reduction to deferred tax assets related to domestic research and development expenses which is reflected in its consolidated balance sheet as of December 31, 2025. As of December 31, 2024, the Company had a valuation allowance on net operating loss carryforwards of the Company’s subsidiary, Zynerba Pharmaceuticals Pty Ltd., and net operating loss carryforwards and other deferred tax assets of the Company’s subsidiary, Harmony Biosciences Management, Inc. During the year ended December 31, 2025, it was determined that the net operating loss carryforward and other deferred tax assets related to the Company’s subsidiaries were not utilizable, accordingly the Company removed the related deferred tax asset and the corresponding valuation allowance, which reduced the valuation allowance by $2,891.

As of December 31, 2025, and 2024, the Company has approximately $203,788 and $220,243, respectively, of federal net operating loss ("NOL") carryforward available to offset future federal taxable income. The Company also has approximately $110,579 and $111,079 of state NOL carryforwards as of December 31, 2025, and 2024, respectively, available to offset future state taxable income. The Company’s state NOLs begin to expire in 2037. As of December 31, 2025, and 2024, the Company had federal tax credits of $3,499 and $3,902, respectively.

Utilization of the net operating loss carryforwards and federal tax credits may be subject to a substantial limitation under Section 382 of the Internal Revenue Code due to ownership changes that could occur in the future. These changes may limit the amount of net operating loss and tax credit carryforwards that can be utilized annually to offset future taxable income and tax, respectively. In general, an “ownership change” as defined by Section 382 of the Code results from a transaction or series of transactions over a three-year period resulting in an ownership change of more than 50 percentage points of the outstanding stock of a company by certain stockholders or public groups. The majority of the Company’s carryforwards and federal tax credits were acquired in conjunction with the Zynerba and Epygenix acquisitions and are subject to annual limitations under Section 382 of the Internal Revenue Code.

The Company files tax returns as prescribed by the tax laws of the jurisdictions in which it operates. In the normal course of business, the Company is subject to examination by federal and state jurisdictions, where applicable. There are currently no pending income tax examinations. The Company’s tax years are still open under statute from 2022 to present. All open years may be examined to the extent that tax credits or NOLs are used in future periods. The Company’s policy is to record interest and penalties related to income taxes as part of its income tax provision. The Company has not recorded any amounts for unrecognized tax benefits as of December 31, 2025, and 2024.

Historical Timeline

Fiscal YearFiled
2025Feb 24, 2026Showing above
2024Feb 25, 2025
2023Feb 22, 2024
2022Feb 21, 2023
2021Feb 28, 2022
2020Mar 25, 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.