NOTE 11 – INCOME TAXES

 

Loss before income taxes summarized by region was as follows:

 

(in thousands)  December 31,
2025
   December 31,
2024
 
United States $35,763  $22,603 
Foreign  10,170   19,479 
Total loss before income taxes  45,933   42,082 

 

The provision for income taxes consists of the following components:

 

   December 31,
2025
   December 31,
2024
 
Current expense (benefit)        
Federal $             -  $                 - 
State  -   - 
Foreign  -   - 
Total current  -   - 
           
Deferred expense (benefit)          
Federal  -   - 
State  -   - 
Foreign  -   - 
Total deferred  -   - 
Income tax expense (benefit) $-  $- 

 

A reconciliation of income tax benefit computed using the federal statutory income tax rate to the Company’s tax expense for the year ended December 31, 2025 after the adoption of ASU 2023-09 is as follows:

 

   Amount   Percent 
US Federal Statutory Tax Rate $(9,646)  21.0 
State and Local Taxes, Net of Federal Income Tax Effect  -   - 
Foreign Tax effects          
United Kingdom          
Statutory tax rate difference between the United Kingdom and United States  99   (0.2)
Change in valuation allowance  1,046   (2.2)
Other  (101)  0.2 
Australia          
Statutory tax rate difference between Australia and United States  (208)  0.4 
Change in valuation allowance  554   (1.2)
Research and development  745   (1.6)
Changes in Valuation Allowances  6,221   (13.6)
Nontaxable or nondeductible items          
Stock-based compensation  1,287   (2.8)
Other  3   (0.0)
Effective Tax Rate $-   - 

  

A reconciliation of income tax benefit computed using the federal statutory income tax rate to the Company’s tax expense for the year ended December 31, 2024 before the adoption of ASU 2023-09 is as follows:

 

(in thousands, except percentage)  December 31,
2024
 
Federal tax benefit at statutory rate (21%) $(8,837)
Stock-based compensation  1,297 
State income tax benefit, net of federal tax effect  (320)
Foreign tax differential  (482)
Research credits  268 
Other  2 
Return to provision adjustment  2,052 
Change in valuation allowance  6,020 
Income tax benefit $- 

 

The principal components of deferred tax assets and liabilities consist of the following at December 31, 2025 and 2024, respectively:

 

(in thousands)  December 31,
2025
   December 31,
2024
 
Deferred tax assets        
Stock-based compensation $3,100  $2,142 
Research and development  1,217   4,716 
Intangible asset  4,105   - 
Federal NOL carryforwards  13,634   8,686 
State NOL carryforwards  2,834   1,923 
Foreign NOL carryforwards  9,820   8,221 
Total deferred tax assets  34,710   25,688 
Less valuation allowance  (34,710)  (25,688)
Net deferred tax assets $-  $- 

  

We file income tax returns in the United States, the United Kingdom and Australia. The Company is no longer subject to Internal Revenue Service tax examinations by tax authorities for years prior to 2022. The United Kingdom and Australia are no longer subject to income tax examination for years prior to 2024 and 2023, respectively.

 

As of December 31, 2025, the Company has a federal net operating loss carryforward of approximately $64.9 million, a United Kingdom net operating loss carryforward of $22.9 million and an Australia net operating loss carryforward of $21.9 million. The federal net operating loss carryforwards for 2017 will begin to expire in the year ending December 31, 2037. The remaining federal net operating loss carryforwards generated after 2017 have no expiration. The United Kingdom and Australia net operating losses have no expiration. The Company has net operating loss carryforwards in California and Florida of $14.9 million and $46.5 million, respectively, of which the California net operating losses will begin to expire in the year ending December 31, 2037, and the Florida net operating losses have no expiration.

 

The Company’s gross deferred tax assets of $34.7 million and $25.7 million at December 31, 2025 and 2024, respectively, primarily consist of net operating loss carryforwards for income tax purposes. A valuation allowance is required to be recorded when it is not more likely than not that some portion or all of the net deferred tax assets will be realized. Since the Company cannot be assured of generating taxable income and thereby realizing the net deferred tax assets, a full valuation allowance has been recorded. The change in the valuation allowance was $9.0 million during the year ended December 31, 2025.

 

On July 4, 2025, the One Big Beautiful Bill Act (“OBBBA”) was enacted in the U.S. The OBBBA includes significant provisions, such as expensing of U.S. research expenditures and eligible capital expenditures, the permanent extension of certain expiring provisions of the Tax Cuts and Jobs Act, modifications to the international tax framework and the restoration of favorable tax treatment for certain business provisions. The impacts of the OBBBA are reflected in our results for the year ended December 31, 2025, and there was no impact to our income tax expense or effective income tax rate. 

 

The Company recognizes uncertain tax positions in accordance with ASC 740 on the basis of evaluating whether it is more likely than not that the tax positions will be sustained upon examination by tax authorities. For those tax positions that meet the more-likely-than not recognition threshold, we recognize the largest amount of tax benefit that is more than 50 percent likely to be realized upon ultimate settlement. The Company recognizes interest and penalties related to uncertain tax positions as a component of income tax expense. As of December 31, 2025, and 2024, the Company has no significant uncertain tax positions. There are no unrecognized tax benefits included on the balance sheet that would, if recognized, impact the effective tax rate. The Company does not anticipate there will be a significant change in unrecognized tax benefits within the next 12 months.

Historical Timeline

Fiscal YearFiled
2025Mar 30, 2026Showing above
2024Mar 27, 2025
2023Mar 28, 2024
2022Mar 2, 2023
2021Mar 3, 2022
2020Mar 4, 2021
2019Mar 11, 2020
2018Mar 29, 2019

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.