10. Income Taxes

We compute income taxes using the asset and liability method in accordance with FASB ASC Topic 740, Income Taxes. Under the asset and liability method, we determine deferred income tax assets and liabilities based on the differences between the financial reporting and tax bases of assets and liabilities and measure those using currently enacted tax rates and laws. We provide a valuation allowance for the amount of deferred tax assets that, based on available evidence, are more likely than not to be realized. Realization of our net operating loss carryforward was not reasonably assured as of December 31, 2025 and 2024, and we have recorded a valuation allowance of $25.3 million and $21.4 million, respectively, against deferred tax assets in excess of deferred tax liabilities in the accompanying consolidated financial statements.

The components of net deferred taxes are as follows (in thousands):

 

 

 

As of December 31,

 

 

 

2025

 

 

2024

 

Deferred tax assets (liabilities):

 

 

 

 

 

 

Net operating loss

 

$

3,333

 

 

$

1,258

 

Depreciation and amortization

 

 

8,821

 

 

 

9,271

 

Stock-based compensation

 

 

4,621

 

 

 

4,637

 

Interest expense

 

 

8,153

 

 

 

6,005

 

Capitalized software costs

 

 

180

 

 

 

(21

)

Bonus accrual

 

 

(46

)

 

 

131

 

Allowance for doubtful accounts

 

 

205

 

 

 

218

 

Other

 

 

82

 

 

 

(98

)

Total deferred tax assets, net

 

 

25,349

 

 

 

21,401

 

Less: valuation allowance

 

 

(25,349

)

 

 

(21,401

)

Net deferred taxes

 

$

 

 

$

 

 

Our statutory income tax rate is expected to be approximately 26%. We had income tax expense of $16 thousand and $291 thousand for the years ended December 31, 2025 and 2024, respectively, which is attributable to state obligations for states with no net operating loss carryforwards, the continued reserve against the benefit of the net operating losses at the federal level, and other timing differences. The provision for income taxes consisted of the following (in thousands):

 

 

 

 

 

 

 

Years Ended December 31,

 

 

 

 

 

 

 

2025

 

 

2024

 

Current

 

 

 

 

 

$

16

 

 

$

291

 

Deferred

 

 

 

 

 

 

 

 

 

 

Total

 

 

 

 

 

$

16

 

 

$

291

 

 

The reconciliation between the income tax expense calculated by applying statutory rates to net loss and the income tax expense reported in the accompanying consolidated financial statements is as follows (in thousands):

 

 

 

Years Ended December 31,

 

 

 

2025

 

 

2024

 

 

 

Tax Expense

 

 

Rate

 

 

Tax Expense

 

 

Rate

 

U.S. federal statutory rate applied to pretax loss

 

$

(3,227

)

 

 

21.0

%

 

$

(3,102

)

 

 

21.0

%

State taxes - current, net of federal benefit

 

 

13

 

 

 

(0.1

)%

 

 

291

 

 

 

(2.0

)%

State taxes - deferred

 

 

(802

)

 

 

5.2

%

 

 

(808

)

 

 

5.5

%

Permanent differences

 

 

47

 

 

 

(0.3

)%

 

 

(171

)

 

 

1.2

%

Change in state tax rates

 

 

20

 

 

 

(0.1

)%

 

 

30

 

 

 

(0.2

)%

Other

 

 

17

 

 

 

(0.1

)%

 

 

63

 

 

 

(0.4

)%

Change in valuation allowance

 

 

3,948

 

 

 

(25.7

)%

 

 

3,988

 

 

 

(27.0

)%

Total

 

$

16

 

 

 

(0.1

)%

 

$

291

 

 

 

(1.9

)%

 

The Company’s state income tax expense for the year ended December 31, 2025 primarily relates to operations in Texas, which represent more than 50% of the total state tax expense recognized for the period.

 

As of December 31, 2025 and 2024, we had federal income tax net operating loss carryforwards of approximately $12.6 million and $4.8 million, respectively. $8.3 million of the 2025 net operating loss carryforwards can be carried forward indefinitely, and the remaining balance primarily expires at various dates ranging from 2036 through 2037. We are subject to limitations existing under

Internal Revenue Code Section 382 (Change of Control) relating to the availability of the operating loss; therefore, utilization of a portion of the Company's net operating loss may be limited in future years.

As of December 31, 2025 and 2024, we did not recognize any assets or liabilities relative to uncertain tax positions, nor do we anticipate any significant unrecognized tax benefits will be recorded during 2026. It is our policy to classify interest and penalties on income taxes as interest expense or penalties expense, should any be incurred.

Tax positions are positions taken in a previously filed tax return or positions expected to be taken in a future tax return that are reflected in measuring current or deferred income tax assets and liabilities reported in the financial statements. Tax positions include the following:

an allocation or shift of income between taxing jurisdictions;
the characterization of income or a decision to exclude reportable taxable income in a tax return; or
a decision to classify a transaction, entity, or other position in a tax return as tax exempt.
We are potentially subject to tax audits for federal and state tax returns for tax years ended 2021 to 2025. Tax audits by their very nature are often complex and can require several years to complete.

Historical Timeline

Fiscal YearFiled
2025Mar 13, 2026Showing above
2024Mar 12, 2025
2023Mar 12, 2024
2022Mar 23, 2023
2021Mar 17, 2022
2020Mar 11, 2021
2019Mar 12, 2020
2018Mar 14, 2019
2017Apr 2, 2018
2016Mar 31, 2017
2015Mar 16, 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.