Note 10 – Income Taxes

The components of loss before income taxes are as follows (in thousands):

 

 

December 31,

 

 

December 31,

 

 

December 31,

 

 

 

2025

 

 

2024

 

 

2023

 

U.S. loss before taxes

 

$

(38,877

)

 

$

(27,406

)

 

$

(48,590

)

Foreign income before taxes

 

 

(1

)

 

 

1

 

 

 

2

 

Loss before income taxes

 

$

(38,878

)

 

$

(27,405

)

 

$

(48,588

)

 

Income tax expense for the years ended December 31, 2025, 2024 and 2023, consists of the following (in thousands):

 

 

Year ended December 31,

 

 

 

2025

 

 

2024

 

 

2023

 

Current:

 

 

 

 

 

 

 

 

 

  Federal

 

$

 

 

$

 

 

$

 

  State

 

 

66

 

 

 

49

 

 

 

21

 

  Foreign

 

 

 

 

 

1

 

 

 

(1

)

 

$

66

 

 

$

50

 

 

$

20

 

Deferred:

 

 

 

 

 

 

 

 

 

  Federal

 

$

(4,823

)

 

$

(14,588

)

 

$

(9,527

)

  State

 

 

(1,716

)

 

 

(4,513

)

 

 

(3,266

)

  Foreign

 

 

(2

)

 

 

 

 

 

 

 

 

(6,541

)

 

 

(19,101

)

 

 

(12,793

)

Change in valuation allowance

 

 

6,541

 

 

 

19,101

 

 

 

12,793

 

Income tax expense

 

$

66

 

 

$

50

 

 

$

20

 

The significant components that comprised the Company’s net deferred taxes are as follows (in thousands):

 

 

Year ended December 31,

 

Deferred tax assets:

 

2025

 

 

2024

 

 

2023

 

Net operating loss

 

$

90,249

 

 

$

82,860

 

 

$

73,600

 

Amortization

 

 

50

 

 

 

63

 

 

 

81

 

R&D expenditures capitalization

 

 

13,012

 

 

 

17,348

 

 

 

10,923

 

Stock-based compensation

 

 

3,490

 

 

 

2,380

 

 

 

3,292

 

Research and development credit

 

 

17,188

 

 

 

14,839

 

 

 

11,271

 

Right-of-use liability

 

 

2,742

 

 

 

3,044

 

 

 

752

 

Depreciation

 

 

975

 

 

 

1,016

 

 

 

1,035

 

Other

 

 

3,697

 

 

 

3,606

 

 

 

2,934

 

Gross deferred tax assets

 

 

131,403

 

 

 

125,156

 

 

 

103,888

 

Less: valuation allowance

 

 

(128,872

)

 

 

(122,299

)

 

 

(103,242

)

Total net deferred tax assets

 

$

2,531

 

 

$

2,857

 

 

$

646

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

 

Right-of-use asset

 

 

(2,531

)

 

 

(2,857

)

 

 

(646

)

Total deferred tax liabilities

 

 

(2,531

)

 

 

(2,857

)

 

 

(646

)

Net deferred tax assets

 

$

 

 

$

 

 

$

 

 

The reconciliation of the 2025 provision for income taxes with the expected income tax computed by applying the federal statutory income tax rate to loss before provision for income taxes reflects the impact ASU 2023-09 as of December 31, 2025, and was calculated as follows (amounts in thousands):

 

 

December 31, 2025

 

 

 

Rate

 

 

Amount

 

Income tax provision at the federal statutory tax rate

 

 

21.0

%

 

$

(8,164

)

State taxes, net of federal benefit (1)

 

 

0.6

%

 

 

(237

)

Foreign tax effects

 

 

0.0

%

 

 

 

Effects of cross-border tax laws

 

 

(0.0

)%

 

 

1

 

Tax credits

 

 

5.0

%

 

 

(1,951

)

Change in valuation allowance

 

 

(12.4

)%

 

 

4,822

 

Nontaxable or nondeductible items

 

 

 

 

 

 

Stock-based compensation

 

 

(4.3

)%

 

 

1,669

 

Limitation on officer compensation

 

 

(1.3

)%

 

 

507

 

Other non-deductible permanent items

 

 

(0.7

)%

 

 

272

 

Changes in unrecognized tax benefits

 

 

(2.0

)%

 

 

783

 

Other adjustments

 

 

 

 

 

 

Expired tax attributes

 

 

(2.2

)%

 

 

873

 

Other

 

 

0.1

%

 

 

(23

)

Stock-based compensation - other

 

 

(3.9

)%

 

 

1,514

 

Income tax expense

 

 

(0.2

)%

 

$

66

 

(1) State taxes in California made up the majority (greater than 50 percent) of the tax effect in this category.

A reconciliation of the provision for income taxes prior to the adoption of ASU Topic 2023-09, with the expected income tax computed by applying the federal statutory income tax rate to loss before provision for income taxes was calculated as follows (amounts in thousands):

 

 

December 31, 2024

 

 

December 31, 2023

 

 

 

Rate

 

 

Amount

 

 

Rate

 

 

Amount

 

Income tax provision at the federal statutory tax rate

 

 

21.0

%

 

$

(5,755

)

 

 

21.0

%

 

$

(10,203

)

State taxes, net of federal benefit

 

 

9.4

%

 

 

(2,579

)

 

 

4.1

%

 

 

(1,992

)

Research and development credits

 

 

13.2

%

 

 

(3,627

)

 

 

3.7

%

 

 

(1,805

)

Stock-based compensation

 

 

40.2

%

 

 

(11,016

)

 

 

(0.3

)%

 

 

150

 

Limitation on officer compensation

 

 

(11.6

)%

 

 

3,186

 

 

 

 

 

 

 

Other non-deductible permanent items

 

 

(1.2

)%

 

 

323

 

 

 

(0.5

)%

 

 

246

 

Expired tax attributes

 

 

(3.2

)%

 

 

882

 

 

 

(2.2

)%

 

 

1,070

 

Other

 

 

1.7

%

 

 

(464

)

 

 

0.5

%

 

 

(239

)

Change in valuation allowance

 

 

(69.7

)%

 

 

19,100

 

 

 

(26.3

)%

 

 

12,793

 

Income tax expense

 

 

(0.2

)%

 

$

50

 

 

 

0.0

%

 

$

20

 

The Company’s valuation allowance increased by $6.5 million and $19.1 million in 2025 and 2024, respectively.

Activity related to the Company's valuation allowance consisted of the following (in thousands):

 

 

Year ended December 31,

 

 

 

2025

 

 

2024

 

 

2023

 

Balance as of January 1

 

$

122,299

 

 

$

103,242

 

 

$

90,471

 

Charged to expense

 

 

6,539

 

 

 

19,099

 

 

 

12,792

 

Charged (credited) to Other comprehensive income

 

 

34

 

 

 

(42

)

 

 

(21

)

Balance, as of December 31,

 

$

128,872

 

 

$

122,299

 

 

$

103,242

 

As of December 31, 2025, the Company had federal net operating loss carryforwards of $376.7 million and state net operating loss carryforwards of $198.7 million. Of the $376.7 million in federal NOLs, $280.7 million will not expire and will be able to offset 80% of taxable income in future years. Of the $198.7 million in state NOLs, $31.0 million will not expire and will be able to offset 80% of taxable income in future years. The remaining federal NOL carryforwards will expire between 2026 and 2037, and the remaining state NOL carryforwards will expire between 2026 and 2045. In addition, the Company also

had federal credit carry forwards of $14.6 million and state credit carry forwards of $12.9 million as of December 31, 2025, which may be available to offset future tax liabilities. The federal credits will expire between 2037 and 2045, and the state credits do not expire.

Utilization of the net operating loss carryforwards may be subject to substantial annual limitation due to ownership change limitations that may have occurred or that could occur in the future, as required by Section 382 of the Internal Revenue Code of 1986, as amended (the “Code”), as well as similar state provisions. These ownership changes may limit the amount of net operating loss carryforwards that can be utilized annually to offset future taxable income and tax, respectively. In general, an “ownership change,” as defined by Section 382 of the Code, results from a transaction or series of transactions over a three-year period resulting in an ownership change of more than 50 percentage points of the outstanding stock of a company by certain stockholders or public groups.

Pursuant to Internal Revenue Code (“IRC”) Sections 382 and 383, annual use of the Company’s net operating loss and R&D credit carryforwards may be limited in the event a cumulative change in ownership of more than 50% occurs within a three-year period. The Company has not completed an IRC Sections 382 and 383 analysis regarding the limitation of net operating loss and R&D credit carryforwards as of December 31, 2025. The Company has not completed a formal R&D study but has estimated the federal and California credit for purposes of the tax footnote as of December 31, 2025. However, the Company has not reflected a benefit in the consolidated financial statements due to the recorded valuation allowance.

The following reconciliation of the beginning and ending amount of gross unrecognized tax benefits, excluding interest and penalties, is as follows (in thousands):

 

 

Year ended December 31,

 

 

 

2025

 

 

2024

 

 

2023

 

Beginning balance of unrecognized tax benefits

 

$

5,547

 

 

$

4,244

 

 

$

3,494

 

Additions for current year tax positions

 

 

796

 

 

 

1,303

 

 

 

683

 

Reductions for prior year tax positions

 

 

65

 

 

 

 

 

 

67

 

Ending balance

 

$

6,408

 

 

$

5,547

 

 

$

4,244

 

None of the unrecognized tax benefits, if recognized, would impact the annual effective rate, due to the valuation allowance. The Company’s unrecognized tax benefits are recorded as a reduction in deferred tax assets. The Company does not expect any significant increases or decreases to the Company’s unrecognized tax benefits within the next 12 months. Due to the existence of the valuation allowance, future changes in the Company's unrecognized tax benefits will not impact the Company's effective tax rate. The Company has not incurred any material interest or penalties as of the current reporting date with respect to income tax matters.

The Company is subject to U.S. federal and various states' income taxes. The federal returns for tax years 2022 through 2025 remain open to examination and the state returns remain subject to examination for tax years 2021 through 2025. Carryforward attributes that were generated in years where the statute of limitations is closed may still be adjusted upon examination by the Internal Revenue Service or other respective tax authorities. All other state jurisdictions remain open to examination.

Historical Timeline

Fiscal YearFiled
2025Feb 25, 2026Showing above
2024Feb 25, 2025
2023Feb 28, 2024
2022Mar 6, 2023
2021Mar 8, 2022

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.