NOTE 14 – INCOME TAXES

 

As of December 31, 2025 and 2024, the Company had federal net operating loss carryforwards of $109.8 million and $102.8 million, respectively. As of December 31, 2025 and 2024, the Company had state net operating loss carryforwards of $42.0 million and $38.6 million, respectively. Federal net operating loss carryforwards of $3.9 million could be subject to limitation if upon further analysis a change in ownership as defined by Internal Revenue Code Section 382 is determined to have occurred. All remaining net operating loss carryforwards were generated after 2017 and can be carried forward indefinitely.

 

The change in valuation allowance for the year ended December 31, 2025 of $19.0 million relates to: (1) federal and state jurisdictions in the amounts of $14.0 million and $1.9 million, respectively, which is included in continuing operations and (2) $3.1 million which is included in discontinued operations. The change in the valuation allowance for the year ended December 31, 2024 of $5.3 million is included in continuing operations with an additional decrease in valuation allowance of $500 thousand included in discontinued operations. The Company has fully reserved the net deferred tax asset.

 

 

The income tax provision charged to continuing operations for the years ended December 31, 2025 and 2024 was as follows:

 

   2025   2024 
   December 31, 
   2025   2024 
Current:        
U.S. federal  $25,918   $404,000 
State and local   19,803    194,000 
Foreign   -    - 
Total   45,721    598,000 
Deferred:          
U.S. federal   -    - 
State and local   -    - 
Foreign   -    - 
Total   -    - 
Provision for income taxes  $45,721   $598,000 

 

The provision for income taxes differs from the expected amount of income tax benefit determined by applying the U.S. federal income tax rate of 21% to pretax income (loss) for the years ended December 31, 2025 and 2024 as follows:

 

   December 31, 2025 
   $   Rate 
U.S. federal statutory tax rate   (2,139,168)   21.00%
State and local income taxes, net of federal income tax effect(a)   2,217    (0.02)%
Changes in valuation allowances   (14,003,937)   137.47%
Nontaxable or nondeductible items   103,557    (1.02)%
Other adjustments          
Share-based compensation   15,993,992    (157.01)%
Other   89,060    (0.87)%
Effective tax rate   45,721    (0.45)%

 

(a)State taxes in California and Texas comprised greater than 50% of the tax effect in this category.

 

   December 31, 2024 
Computed “expected” tax benefit  $(3,982,000)
Increase (decrease) in income taxes resulting from:     
State taxes   (406,000)
Permanent differences   37,000 
Change in valuation allowance   5,332,000 
Deferred true up   (384,000)
Other   1,000 
Provision for income taxes  $598,000 

 

 

The following table presents income taxes paid (net of refunds received) during the year ended December 31, 2025 by jurisdiction:

 

SCHEDULE OF INCOME TAX PAID

-  $- 
U.S. federal taxes  $304,000 
State and local taxes     
California   139,000 
Texas   84,000 
Other states   60,000 
Total income taxes paid  $587,000 

 

The tax effect of temporary differences and carryforwards that give rise to significant portions of the deferred tax assets and liabilities as of December 31, 2025 and 2024 are presented below:

 

   2025   2024 
   December 31, 
   2025   2024 
Deferred tax assets:          
Stock-based compensation   2,385,000    17,981,000 
Sec 174 – software development   -    915,000 
Accrued compensation   242,000    976,000 
Operating lease liabilities   1,499,000    1,569,000 
Business interest limitation   -    1,324,000 
Other   1,171,000    924,000 
Net operating loss carryforwards   25,244,000    23,634,000 
Total Deferred tax assets   30,541,000    47,323,000 
Deferred tax liabilities:          
Right of use assets   (1,248,000)   (1,480,000)
Depreciation   (278,000)   (181,000)
Sec 174 – Software development   (2,378,000)   - 
Total deferred tax liabilities   (3,904,000)   (1,661,000)
Less valuation allowance   (26,637,000)   (45,662,000)
Deferred tax assets, Net  $-   $- 

 

On July 4, 2025, the One Big Beautiful Bill Act (“OBBBA”) was enacted, extending many of the expiring tax provision of the Tax Cuts and Jobs Act (“TCJA”) while adding, modifying and altering numerous provisions. During the year ended December 31, 2025, the Company completed its assessment of the OBBBA and has implemented the changes enacted under the law. The enactment and application of OBBBA did not have a material impact on the Company’s effective tax rate or these consolidated financial statements.

 

Historical Timeline

Fiscal YearFiled
2025Mar 10, 2026Showing above
2024Mar 11, 2025
2023Mar 11, 2024
2022Mar 22, 2023
2021Mar 7, 2022
2020Mar 30, 2021
2019Mar 30, 2020
2018Apr 1, 2019
2017Apr 2, 2018
2016May 24, 2017
2015Mar 30, 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.