Note 10. Income Taxes

The components of the Company’s income tax provision for the years ended December 31, 2025 and 2024, consist of the following (in thousands):

Current

 

December 31,

 

 

2025

 

 

2024

 

Federal

 

$

 

 

$

 

Foreign

 

 

10

 

 

 

236

 

State

 

 

 

 

 

 

Provision for income taxes

 

$

10

 

 

$

236

 

The Company's components of income/(loss) before the provision for income taxes includes domestic loss of $38.9 million and $51.3 million for the years ended December 31, 2025 and 2024, respectively. Foreign income for the years ended December 31, 2025 and 2024 was $0.5 million and $0.1 million, respectively.

The Company adopted ASU No. 2023-09, Improvements to Income Tax Disclosure in fiscal year 2025 under the prospective method. Under this new standard, we disclose specific categories in the rate reconciliation and provide additional information for reconciling items of global pretax income.

The reconciliation of taxes at the federal statutory rate to our tax provision for income taxes are as follows for the year ended December 31, 2025 in accordance with the guidance in ASU No. 2023-09:

 

Year Ended December 31,

 

 

2025

 

 

 

Amount

 

 

Percent

 

U.S. federal statutory tax rate

 

$

(8,067

)

 

 

21

%

State and local income taxes, net of federal income tax effect

 

 

 

 

 

 

Foreign tax effects

 

 

10

 

 

 

 

Nontaxable or nondeductible items

 

 

 

 

 

 

Executive compensation

 

 

1,797

 

 

 

(4

)%

Equity compensation

 

 

280

 

 

 

(1

)%

Meals and entertainment

 

 

270

 

 

 

(1

)%

Tax credits

 

 

 

 

 

 

Research and development tax credits

 

 

(74

)

 

 

 

Change in valuation allowance

 

 

5,864

 

 

 

(15

)%

Other adjustments

 

 

(70

)

 

 

 

Effective tax rate

 

$

10

 

 

 

 

The reconciliation of taxes at the federal statutory rate to our tax provision for income taxes for the year ended December 31, 2024 in accordance with the guidance prior to the adoption of ASU 2023-09 is as follows:

 

Year Ended December 31,

 

 

 

2024

 

Tax at statutory federal rate

 

 

21

%

State tax, net of federal benefit

 

 

5

%

Research and development credit

 

 

3

%

Compensation

 

 

(5

)%

Change in valuation allowance

 

 

(22

)%

Other

 

 

(2

)%

Effective tax rate

 

 

 

 

Deferred tax assets and liabilities reflect the net tax effect of temporary differences between carrying value of assets and liabilities for financial reporting purposes and the tax basis of these assets and liabilities as measured by income tax law. The income tax effect of temporary differences that give rise to deferred tax assets and (liabilities) consist of the following (in thousands):

 

December 31,

 

 

2025

 

 

2024

 

Deferred tax assets:

 

 

 

 

 

 

Net operating loss carryforwards

 

$

82,865

 

 

$

69,105

 

Deferred compensation

 

 

7,532

 

 

 

8,669

 

Research and development credits

 

 

3,571

 

 

 

3,361

 

Disallowed interest expense carryover

 

 

175

 

 

 

 

Fixed assets

 

 

148

 

 

 

168

 

Operating lease liability

 

 

122

 

 

 

263

 

Provision for bad debt

 

 

60

 

 

 

180

 

Capitalized research and development expenses

 

 

49

 

 

 

6,085

 

Other

 

 

81

 

 

 

79

 

Gross deferred tax assets

 

 

94,603

 

 

 

87,910

 

Less: Valuation allowance

 

 

(94,491

)

 

 

(87,666

)

Deferred tax assets, net of valuation allowance

 

 

112

 

 

 

244

 

Operating lease right-of-use assets

 

 

(112

)

 

 

(244

)

Deferred tax liabilities:

 

 

(112

)

 

 

(244

)

Net deferred tax assets

 

$

 

 

$

 

 

Internal Revenue Code (IRC) Section 382 limits the use of federal net operating losses and income tax credit carryforwards in certain situations where changes occur in stock ownership of a company. If the Company should have an ownership change of more than 50% of the value of the Company’s capital stock, utilization of the carryforwards could be restricted.

A valuation allowance is recorded when it is more likely than not that some portion of the deferred tax assets will not be realized. As of each reporting date, the Company's management considers all evidence, both positive and negative, that could impact management's view with regard to future realization of deferred tax assets. As of December 31, 2025, a full valuation allowance for deferred tax assets was recorded as management believes it is not more likely than not that all of the deferred tax assets will be realized. At December 31, 2025 and 2024, the Company has a net operating loss carryforward for federal income tax purposes of approximately $323.3 million and $269.2 million, respectively. At December 31, 2025 and 2024, the Company has a net operating loss carryforward for state income tax purposes of approximately $266.9 million and $245.0 million, respectively. Of the Company's federal net operating loss carryovers, $14.8 million was generated before January 1, 2018 and is subject to a 20-year carryforward period. The remaining $308.5 million can be carried forward indefinitely but is subject to an 80% taxable income limitation. The pre-2018 federal and certain state net operating losses will begin to expire in 2031 and 2032, respectively, if not utilized.

As of December 31, 2025 and 2024, the Company has federal research and development income tax credit carryforwards of approximately $2.8 million and $2.8 million, respectively. As of December 31, 2025 and 2024, the Company has state research and development income tax credit carryforwards of approximately $2.4 million and $2.3 million, respectively. The Federal income tax credits begin to expire in 2033. The California research and development credits can be carried forward indefinitely. The total amount of uncertain tax positions ("UTP") on research and development tax credits is $1.2 million and $1.3 million as of December 31, 2025 and 2024, respectively.

As of December 31, 2025 and 2024, the Company has business interest expense carryforwards of $0.8 million and $0.0 million, respectively. Business interest expense can be carried forward indefinitely.

The following table summarizes the activity related to the unrecognized tax benefits (in thousands):

 

December 31,

 

 

2025

 

 

2024

 

Unrecognized tax benefits at the beginning of the year

 

$

1,279

 

 

$

903

 

Additions based on tax positions related to the current year

 

 

150

 

 

 

376

 

Reductions for tax positions of prior years

 

 

(120

)

 

 

 

Unrecognized tax benefits at the end of the year

 

$

1,309

 

 

$

1,279

 

The Company currently has no federal or state tax examinations in progress nor has it had any federal or state tax examinations since its inception. Due to the history of net operating losses, the Company’s federal and state tax returns remain open to examination by the tax authorities

Historical Timeline

Fiscal YearFiled
2025Mar 4, 2026Showing above
2024Mar 7, 2025
2023Mar 13, 2024
2022Mar 16, 2023
2021Mar 24, 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.