10. Income Taxes

The significant components of the Company’s deferred tax assets and liabilities were as follows (in thousands):

December 31,

  ​ ​ ​

2025

  ​ ​ ​

2024

Deferred Tax Assets:

Net operating loss carryforward

$

23,859

$

22,129

Other reserves

 

980

 

885

State taxes and other

 

803

 

1,371

Depreciation

1,513

1,695

Total gross deferred tax assets

27,155

26,080

Deferred Tax Liabilities:

Amortization

(70)

(55)

Deferred revenue

(13)

(22)

Total gross deferred tax liabilities

(83)

(77)

Less: valuation allowance

(27,072)

(26,003)

Deferred tax assets, net

$

$

At December 31, 2025 and 2024, the net operating loss carryforwards for federal income tax purposes totaled approximately $108.9 million and $102.0 million, respectively, of which $8.2 million will expire between 2031 and 2033. The remaining losses can be carried forward indefinitely and are subject to an 80% taxable income limitation.

The Company’s income tax (provision) benefit, net was included in the consolidated statements of operations as follows (in thousands):

2025

2024

2023

 

Current:

Federal

$

(1)

$

(5)

$

(14)

State

 

(215)

 

1,105

 

(4,548)

Current income tax (provision) benefit, net

(216)

1,100

(4,562)

Deferred:

Federal

965

(734)

(123)

State

 

104

 

(450)

 

(208)

Change in valuation allowance

 

(1,069)

 

1,184

 

331

Deferred income tax (provision) benefit, net

Income tax (provision) benefit, net

$

(216)

$

1,100

$

(4,562)

A reconciliation of the income tax provision, net to the amount computed by applying the statutory U.S. federal income tax rate of 21% to income before income taxes after the adoption of ASU 2023-09 is as follows (in thousands):

2025

Amount

%

U.S. federal statutory tax rate

$

(1,774)

21.0

%  

Tax impact of REIT election

4,979

(58.9)

%  

State income tax provision, net of federal income tax effect (1)

(215)

2.5

%  

Change in valuation allowance

(926)

11.0

%  

Key money permanent difference

(1,680)

19.9

%  

Corporate overhead allocation permanent difference

(528)

6.2

%  

Other permanent differences

(49)

0.6

%  

Other deferred adjustments

(23)

0.3

%  

Effective tax rate

$

(216)

2.6

%  

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

The following table presents the required disclosures prior to the Company’s adoption of ASU 2023-09 and reconciles the differences between the income tax benefit (provision) calculated at the statutory U.S. federal income tax rate of 21% and the actual income tax benefit (provision), net for the years ended December 31, 2024 and December 31, 2023 (in thousands):

2024

2023

Expected federal tax expense at statutory rate

$

(5,887)

$

(45,033)

Tax impact of REIT election

6,004

40,767

Expected tax benefit (provision) of TRS

117

(4,266)

State income tax benefit, net of federal (provision)

685

(164)

Change in valuation allowance

1,184

331

Other permanent differences

(886)

(463)

Income tax benefit (provision), net

$

1,100

$

(4,562)

The Company’s tax years from 2022 to 2025 will remain open to examination by the federal and state authorities for three and four years, respectively.

The table below represents the changes to the Company's valuation allowance (in thousands):

2025

2024

2023

Valuation allowance beginning of the period

$

26,003

$

27,187

$

27,518

Increases (decreases) charged to income taxes

1,069

(1,184)

(331)

Valuation allowance end of period

$

27,072

$

26,003

$

27,187

Cash (refunded) paid for income taxes, net, by jurisdiction pursuant to the disclosure requirements of ASU 2023-09 for the year ended December 31, 2025 is as follows (in thousands):

2025

Federal

$

3

State:

California

 

(255)

Massachusetts

(1,140)

Other States

(5)

State total

(1,400)

Cash (refunded) paid for income taxes, net

$

(1,397)

Characterization of Distributions

For income tax purposes, distributions paid consist of ordinary income, capital gains, return of capital or a combination thereof. Distributions per share for the years ended December 31, 2025, 2024, and 2023, were characterized as follows:

2025

2024

2023

 

  ​ ​ ​

Amount

  ​ ​ ​

%

  ​ ​ ​

Amount

  ​ ​ ​

%

  ​ ​ ​

Amount

  ​ ​ ​

%

 

Common Stock:

Ordinary income (1)

$

0.327

(2)

90.7

%  

$

0.340

(3)

100

%  

$

%  

Capital gain

 

0.033

(2)

9.3

 

 

0.300

100

Return of capital

 

 

 

 

 

 

Total

$

0.360

 

100

%  

$

0.340

 

100

%  

$

0.300

 

100

%  

Preferred Stock — Series G

Ordinary income (1)

$

1.248

90.7

%  

$

0.998

100

%  

$

%  

Capital gain

 

0.127

9.3

 

 

0.469

100

Return of capital

 

 

 

 

 

 

Total

$

1.375

 

100

%  

$

0.998

 

100

%  

$

0.469

 

100

%  

Preferred Stock — Series H

Ordinary income (1)

$

1.390

90.7

%  

$

1.531

100

%  

$

%  

Capital gain

 

0.141

9.3

 

 

1.531

100

Return of capital

 

 

 

 

 

 

Total

$

1.531

 

100

%  

$

1.531

 

100

%  

$

1.531

 

100

%  

Preferred Stock — Series I

Ordinary income (1)

$

1.293

90.7

%  

$

1.425

100

%  

$

%  

Capital gain

 

0.132

9.3

 

 

1.425

100

Return of capital

 

 

 

 

 

 

Total

$

1.425

 

100

%  

$

1.425

 

100

%  

$

1.425

 

100

%  

(1)Ordinary income qualifies for Section 199A treatment per the 2017 Tax Cuts and Jobs Act.
(2)The 2025 common stock distribution is treated as paid in two tax years for income tax purposes, with approximately $0.33 per share taxable in 2025 and $0.03 per share taxable in 2026.
(3)The 2024 common stock distribution is treated as paid in two tax years for income tax purposes, with approximately $0.28 per share taxable in 2024 and $0.06 per share taxable in 2025.

Historical Timeline

Fiscal YearFiled
2025Feb 27, 2026Showing above
2024Feb 21, 2025
2023Feb 23, 2024
2022Feb 23, 2023
2021Feb 23, 2022
2020Feb 12, 2021
2019Feb 19, 2020
2018Feb 14, 2019
2017Feb 14, 2018
2016Feb 23, 2017
2015Feb 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.