Note 18. Income Taxes

The following table presents the components of the net income (loss) before provision for income taxes:

For the years ended December 31, 

  ​ ​ ​

2025

  ​ ​ ​

2024

  ​ ​ ​

2023

Domestic

$

(663,331)

$

110,145

$

(54,565)

Foreign

 

 

 

Income (loss) before provision for income taxes

$

(663,331)

$

110,145

$

(54,565)

The following table presents the components of income tax benefit (expense):

As of December 31, 

  ​ ​ ​

2025

  ​ ​ ​

2024

  ​ ​ ​

2023

Current:

  ​

  ​

  ​

US Federal

$

$

$

US State

 

150

 

(744)

 

48

Foreign

 

 

 

Total current benefit (expense)

$

150

$

(744)

$

48

Deferred:

 

  ​

 

  ​

 

  ​

US Federal

$

$

$

5,045

US State

 

 

 

Foreign

 

 

 

Total deferred benefit

 

 

 

5,045

Total benefit (expense) for income taxes

$

150

$

(744)

$

5,093

The following table presents the tax effects of temporary differences and tax loss and credit carryforwards that give rise to significant portions of deferred tax assets and liabilities:

As of December 31, 

  ​ ​ ​

2025

  ​ ​ ​

2024

Deferred income tax assets:

  ​

  ​

Operating lease liability

$

5,523

$

6,372

Deferred revenue

 

 

3,497

Stock compensation

 

9,160

 

4,799

Intangible assets

6,313

7,079

Net operating losses

170,914

202,871

Other deferred tax assets

7,098

2,515

Total deferred tax assets

 

199,008

 

227,133

Valuation allowance

 

(143,200)

 

(12,508)

Net deferred tax assets

 

55,808

 

214,625

Deferred income tax liabilities:

 

  ​

 

  ​

Derivative assets

 

(31,496)

 

(33,379)

Right-of-use assets

(5,685)

(6,139)

Fixed assets

(7,586)

(30,725)

Bitcoin

(8,424)

(125,471)

LT Investments

(3,281)

Unrealized G/L

(15,499)

Other deferred tax liabilities

(2,617)

(131)

Total deferred tax liabilities

 

(55,808)

 

(214,625)

Net deferred tax assets (liabilities)

$

$

The Company has approximately $778.3 million and $207.9 million of federal and state tax Net Operating Losses (“NOLs”), respectively, that may be available to offset future taxable income. Federal and state net operating loss carryforwards of $130.1 million and $116.9 million, respectively, if not utilized, expire between 2026 and 2045. Under the Tax Cuts and Jobs Act, $648.2 million federal and $91.0 million state NOLs incurred after December 31, 2017 are carried forward indefinitely, but may be limited in utilization to 80% of taxable income.

Furthermore, as a result of changes in the ownership of our common stock and changes in our business operations, our ability to use our federal and state NOLs may be subject to annual limitations limited under Internal Revenue Code Section 382 and 383. The annual limitations may result in the expiration of net operating losses and credits before they are able to be utilized. The Company does not expect any previous ownership changes, as defined under Section 382 and 383 of the Internal Revenue Code, to result in an ultimate limitation that will materially reduce the total amount of net operating loss carryforwards and credits that can be utilized.

The statute of limitations for assessment by the IRS and state tax authorities is open for tax years ending December 31, 2021 through 2024, although carryforward attributes that were generated prior to tax year 2021 may still be adjusted upon examination by the IRS

or state tax authorities if they either have been or will be used in a future period. Currently, no federal or state income/franchise tax returns are under examination by the respective taxing authorities.

In assessing the realization of deferred tax assets, management considers whether it is more likely than not that such assets will be realized, which depends on the generation of future taxable income during the periods in which those temporary differences become deductible. This assessment includes consideration of the scheduled reversal of deferred tax liabilities, projected future taxable income, and available tax planning strategies. Continued operating losses and updated forecasts indicating insufficient future taxable income resulted in an increase in the valuation allowance of approximately $130.7 million during the year ended December 31, 2025, and a full valuation allowance on deferred tax assets as of December 31, 2025 and 2024.

The Company has not identified any uncertain tax positions requiring a reserve as of December 31, 2025, and 2024. The Company’s policy is to recognize interest and penalties that would be assessed in relation to the settlement value of unrecognized tax benefits as a component of income tax expense. The Company did not accrue either interest or penalties for the years ended December 31, 2025, and 2024.

The following table reconciles the income tax benefit (expense) based on the U.S. federal statutory rate with actual income tax benefit (expense), updated per the requirements of ASU 2023-09 (see Note 2. Significant Accounting Policies and Recent Accounting Pronouncements):

For the year ended December 31, 

2025

Federal tax (benefit) at statutory rate

  ​ ​ ​

$

(139,175)

21.0%

State tax (benefit), net of federal benefit

 

(148)

0.0%

Change in Valuation Allowance

 

123,380

(18.6)%

Nontaxable or Nondeductible Items

0.0%

Executive Compensation Disallowance

22,386

(3.4)%

Other

(3,799)

0.6%

Other Adjustment

 

(2,794)

0.4%

Total provision for (benefit from) income taxes

$

(150)

0.0%

The following table reconciles the income tax benefit (expense) based on the U.S. federal statutory rate with actual income tax benefit (expense), prior to adoption of ASU 2023-09:

For the years ended December 31, 

2024

2023

Federal statutory rate

  ​ ​ ​

$

(23,410)

21.3%

  ​ ​ ​

$

11,459

21.0%

State and local taxes, net of federal taxes

 

(2,087)

(1.9)%

 

42

(0.1)%

Contingent payment

0.0%

5,045

9.2%

Section 162m compensation

(25,093)

22.8%

(21,315)

(39.1)%

Stock compensation

(7)

0.0%

2,648

4.9%

Return to provision

285

(0.3)%

(2,760)

(5.1)%

Rate change on deferreds

 

(3,441)

3.1%

 

3,919

7.2%

Deferred adjustment

 

0.0%

 

(36,159)

(66.3)%

Other

 

(84)

(0.1)%

 

(244)

(0.4)%

Change in valuation allowance

 

53,093

(48.2)%

 

42,458

77.8%

Income tax benefit (expense)

$

(744)

0.7%

$

5,093

9.3%

The following table presents total income taxes paid, net of refunds, by jurisdiction:

For the year ended December 31, 

2025

Federal

$

Texas

960

Total income taxes paid, net of refunds

$

960

Historical Timeline

Fiscal YearFiled
2025Mar 2, 2026Showing above
2024Feb 28, 2025
2023Feb 23, 2024
2022Mar 2, 2023
2021Mar 16, 2022
2020Mar 31, 2021
2019Mar 25, 2020
2018Apr 2, 2019
2017Apr 17, 2018
2016Mar 31, 2017
2015Mar 23, 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.