9. INCOME TAXES

Net loss before income tax expense for the years ended December 31, 2025 and 2024 is as follows:

Dollars in Thousands

  ​ ​ ​

2025

  ​ ​ ​

2024

U.S. Operations

$

(363)

$

(4,290)

Total

$

(363)

$

(4,290)

The income tax expense consists of the following for the years ended December 31, 2025 and 2024.

Dollars in Thousands

  ​ ​ ​

2025

  ​ ​ ​

2024

Federal:

 

  ​

 

  ​

Current

$

$

Deferred

 

 

Total Federal

$

$

State:

 

  ​

 

  ​

Current

$

$

Deferred

 

 

Total State

$

$

Foreign:

 

  ​

 

  ​

Current

$

$

Deferred

 

 

Total Foreign

$

$

Total Tax Provision

$

$

The Company’s provision for income taxes for the years ended December 31, 2025 and December 31, 2024 relates to income taxes in states and other jurisdictions and differs from the amounts determined by applying the statutory federal income tax rate to the loss before income taxes for the following reasons:

Dollars in Thousands

2025

2024

$

%

$

%

US Federal Statutory Tax Rate

(76)

21%

(901)

21%

State and Local Income Taxes—net of Federal Income Tax Effect *

(16)

4%

(175)

4%

Foreign Tax Effects

Other foreign jurisdictions

0%

0%

Effect of changes in tax laws or rates enacted in the current period

Other

(17)

5%

(53)

1%

Effect of Cross-Border Tax Laws

Other

0%

0%

Tax Credits

Research and development credits

(120)

33%

(204)

5%

Foreign tax credits

0%

0%

Changes in valuation allowances

(2,243)

618%

1,274

(30)%

Nontaxable or Nondeductible Items

Public company expense

56

(15)%

44

(1)%

Incentive stock options

2,400

(661)%

0%

Other

16

(4)%

15

0%

Changes in unrecognized tax benefits

0%

0%

Other Adjustments

Other

0%

0%

Effective Tax Rate

*State taxes in New Jersey and Florida made up the majority (greater than 50%) of the tax effect in this category.

The following table presents the components of income taxes paid, net of refunds.

Dollars in Thousands

2025

Federal

$

-

State

$

-

Total

$

-

Deferred income taxes reflect the net effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. The Company’s net deferred tax assets relate primarily to its net operating loss carryforwards, allowance for credit losses and stock-based compensation, partially offset by property and equipment and intangible assets. The Company has recorded a full valuation allowance to offset the net deferred tax assets, as it is more likely than not that the Company will not realize future benefits associated with these net deferred tax assets at December 31, 2025 and 2024.

At December 31, 2025 and 2024, the Company had net deferred tax assets of $19.0 million and $21.2 million, respectively, against which a full valuation allowance has been recorded. The increase in the valuation allowance for the years ended December 31, 2025 is a decrease of $2.2 million resulting from a change in the tax treatment of stock-based compensation. The change required a decrease in the deferred tax asset resulting from the cumulative effect related to the tax treatment of incentive stock options as opposed to non-qualified stock options. This change is offset by an adjustment to the valuation allowance. In 2024, there was an increase of $1.3 million resulting from additional net operating losses generated in the year. The deferred tax liabilities associated with the book versus tax basis difference of intangible assets are the result of an asset step-up pursuant to a June 2017 merger transaction (the “Merger”). Significant components of the Company’s net deferred tax assets at December 31, 2025 and 2024 are as follows:

Dollars in Thousands

  ​ ​ ​

2025

  ​ ​ ​

2024

Deferred tax assets:

 

  ​

 

  ​

Net operating loss and credit carryforwards

$

20,419

$

19,748

Allowance for credit losses

265

249

Stock-based compensation

 

586

 

2,659

Other

 

164

 

458

Gross deferred tax assets

 

21,434

 

23,114

Deferred tax liabilities:

 

  ​

 

  ​

Property and equipment

 

(398)

 

(233)

Intangible assets

 

(2,072)

 

(1,673)

Other

 

 

Gross deferred tax liabilities

 

(2,470)

 

(1,906)

Net deferred tax assets

 

18,964

 

21,208

Less valuation allowance

 

(18,964)

 

(21,208)

Net deferred liability

$

$

The Company had available gross federal net operating loss (“NOL”) carryforwards of approximately $81 million, and state NOL carryforwards of $2.7 million as of December 31, 2025. Approximately $28 million of the federal NOLs will expire at various dates beginning in 2036 through 2037 if not utilized, while the remaining amount will have an indefinite life. After passage of the Tax Cuts and Jobs Act of 2017, federal loss NOL carryforwards arising in taxable

years beginning after December 31, 2017 have an unlimited carryforward period; however, such losses can only offset 80% of taxable income in any one year. Included in the total NOLs for 2025 are $53 million of federal losses that fall under these rules. State NOLs expire on various dates. Section 382 of the Internal Revenue Code, and similar state regulations, contain provisions that may limit the NOL carryforwards available to be used to offset income in any given year upon the occurrence of certain events, including changes in the ownership interests of significant stockholders. In the event of a cumulative change in ownership in excess of 50% over a three-year period, the amount of the NOL carryforwards that the Company may utilize in any one year may be limited. The Company reduced its tax attributes (NOLs and tax credits) and generated a limitation on utilization of such attributes resulting from the Merger.

At December 31, 2025, and as a result of the limitations under Section 382 of the Internal Revenue Code, the Company had a total of unused federal tax net operating loss carryforwards with expiration dates as follows:

Dollars in

Thousands

  ​ ​ ​

2025

2036

$

14,277

2037

13,641

Unlimited life

 

53,010

Total Federal

$

80,928

The Company has adopted guidance on accounting for uncertainty in income taxes which clarified the accounting for income taxes by prescribing the minimum threshold a tax position is required to meet before being recognized in the financial statements as well as guidance on de-recognition, measurement, classification and disclosure of tax positions. There are no material uncertain tax positions that would require recognition in the financial statements. The Company is obligated to file income tax returns in the U.S. federal jurisdiction and various U.S. states. Since the Company had losses in the past, all prior years that generated NOLs are open and subject to audit examination in relation to the NOL generated from those years. During the year ended December 31, 2022, the IRS completed an exam of the Company’s 2019 tax year, which resulted in a change to the NOL carryforward. Our evaluation of uncertain tax positions was performed for the tax years open to examination.

Historical Timeline

Fiscal YearFiled
2025Mar 30, 2026Showing above
2024Mar 27, 2025
2023Mar 29, 2024
2022Mar 30, 2023
2021Mar 30, 2022
2020Mar 29, 2021
2019Mar 27, 2020

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.