Note 13 – Income Taxes

The table below represents domestic versus foreign Loss before income tax expense (benefit).

For the Years Ended December 31, 

  ​ ​ ​

2025

2024

U.S.

$

(86,277)

$

(93,543)

Foreign

(7,206)

(1,650)

Loss before income tax expense (benefit)

$

(93,483)

$

(95,193)

Income taxes included in the Consolidated Statements of Operations and Comprehensive Loss are detailed below.

For the Years Ended December 31, 

  ​ ​ ​

2025

2024

Current income tax expense (benefit)

Federal

$

$

State

(1)

8

Foreign

(7)

1,186

Deferred income tax expense (benefit)

Federal

State

Foreign

Total income tax expense (benefit)

$

(8)

$

1,194

The table below represents net cash paid (refunds received) for income taxes.

For the Year Ended December 31, 

2025

Federal

$

Aggregated state and local jurisdictions

Disaggregated state and local jurisdictions

South Carolina

3

District of Columbia

2

California

2

Connecticut

1

Foreign (Republic of Korea)

(8)

Net cash paid (refunds received) for income taxes

$

The tables below represent a reconciliation of the U.S. federal statutory income tax rate to effective tax rate. The Company has adopted the guidance in ASU 2023-09 on a prospective basis. The following table reflects the reconciliation rate for 2025 under the new guidance.

  ​ ​ ​

December 31, 

  ​ ​ ​

2025

2025

Tax Expense

Effective Rate

U.S. federal statutory tax rate

(19,552)

21

%  

State income taxes - net of federal income tax benefits (1)

(2)

%  

Foreign tax effects

Republic of Korea

Valuation allowance

2,400

(2.58)

%  

Other

(845)

0.91

%  

Effects of changes in tax laws or rates enacted in the current period

Effect of cross-border tax laws

%  

Tax credits

Research and development credit

(903)

0.97

%  

Changes in valuation allowances

16,772

(18.01)

%  

Nontaxable or nondeductible items

Stock-based compensation (2)

(429)

0.46

%  

Mark-to-market warrant liabilities

1,081

(1.16)

%  

Other

667

(0.72)

%  

Changes in unrecognized tax benefits

226

(0.24)

%  

Other adjustments

577

(0.62)

Effective tax rate

(8)

0.01

%  

(1)South Carolina and the District of Columbia make up the majority (greater than 50%) of the state income tax expense, net of federal income tax effect category.
(2)The Company classifies windfalls and shortfalls relating to stock-based compensation as a nontaxable or nondeductible item.

The table below represents a reconciliation of the U.S. federal statutory tax rate to effective tax rate for the year ended December 31, 2024 under the prior guidance

U.S. federal statutory tax rate

21.00

%

State income taxes - net of federal income tax benefits

0.82

%

Foreign withholding taxes

(1.25)

%

Global tax rate differential

(0.21)

%

Permanent differences

(2.17)

%

Net change in valuation allowance

(21.79)

%

Research and development

4.08

%

Other

(1.74)

%

Effective tax rate

(1.26)

%

For the years ended December 31, 2025 and 2024, the effective tax rate was approximately 0.01% and (1.26)%, respectively. Differences between the statutory rate and the Company’s effective tax rate resulted from changes in valuation allowance and permanent differences for tax purposes in the treatment of certain nondeductible expenses.

The tax effects of temporary differences that give rise to significant portions of the deferred income tax assets and liabilities are presented below.

December 31, 

December 31, 

  ​ ​ ​

2025

2024

Deferred tax assets

Net operating loss

$

51,517

$

30,446

R&D credit

8,100

7,423

Stock compensation

3,363

2,909

Section 174 capitalization

26,203

22,759

ROU lease liability

2,018

2,061

Available-for-sale securities

(14)

Other

 

1,670

 

2,441

Total deferred tax asset

 

92,871

 

68,025

Valuation allowance

 

(90,181)

 

(64,744)

Net deferred tax assets

 

2,690

 

3,281

Deferred tax liabilities

 

  ​

 

  ​

Intangibles (non-goodwill)

$

(4)

$

(2)

Available-for-sale securities

(82)

Property, plant and equipment

 

(663)

 

(1,144)

Accretion

(236)

(307)

ROU asset

(1,705)

(1,828)

Total deferred tax liabilities

 

(2,690)

 

(3,281)

Total net deferred tax liability

$

$

The ultimate realization of deferred tax assets is dependent upon the existence, or generation, of taxable income in the periods when those temporary differences and net operating loss carryovers are deductible. Management considers the scheduled reversal of deferred tax liabilities, taxes paid in carryover years, projected future taxable income, available tax planning strategies, and other factors in making this assessment. Based on available evidence, management does not believe it is more likely than not that all of the deferred tax assets will be realized. Accordingly, the Company has established a valuation allowance equal to the net realizable deferred tax assets. The valuation allowance increased by $25,438 in 2025. The valuation allowance relates entirely to the uncertainty regarding the realizability of the Company’s deferred tax assets.

The Company had net operating losses and tax credit carryforwards as the year ended December 31, 2025 as follows:

Amount

Expiration Years

Net operating losses, federal (Pre January 1, 2018)

$

99

2037

Net operating losses, federal (Post December 31, 2017)

42,242

Indefinite

Net operating losses, state

6,889

Various

Net operating losses, foreign

2,287

2039-2040

Tax Credits, federal

8,100

2037-2045

The following table summarizes the Company’s unrecognized tax benefits.

For the Year Ended December 31, 

  ​ ​ ​

2025

2024

Balance, beginning of year

$

2,474

$

1,186

Gross increases related to prior period tax position

 

 

383

Gross increases related to current period tax position

 

566

 

905

Gross decreases related to prior period tax position

 

(340)

 

Balance, end of year

$

2,700

$

2,474

As of December 31, 2025 and 2024, unrecognized tax benefits of $2,700 and $2,474, respectively, were recorded in other long-term liabilities and deferred tax liability. These unrecognized tax benefits would not impact the Company’s annual effective tax rate if recognized due to the Company’s valuation allowance. The Company recognizes interest and penalties, if any, related to unrecognized tax positions within the provision for income taxes in the accompanying Consolidated Statements of Operations and Comprehensive Loss.

As of December 31, 2025, undistributed earnings for non-U.S. subsidiaries are intended to be indefinitely reinvested in non-U.S. operations and therefore no U.S. deferred taxes have been recorded.

The 2020 through 2024 tax years remain open to examination by the Internal Revenue Service and, with few exceptions, various other state tax agencies. These taxing authorities have the authority to examine those tax years until the applicable statutes of limitations expire.

On July 4, 2025, the One Big Beautiful Bill Act (“OBBBA”) was enacted in the United States. The OBBBA includes, among other things the permanent extension of certain provisions of the U.S. Tax Cuts and Jobs Act of 2017, modifications to the United States’ international tax framework, restoration of favorable tax treatment for certain business provisions, and acceleration of the phase-out of EV credits. The OBBBA contains a variety of effective dates, with certain provisions effective in 2025 and others implemented through 2027. The OBBBA did not have a material impact on the reported results of operations.

Historical Timeline

Fiscal YearFiled
2025Feb 25, 2026Showing above
2024Feb 28, 2025
2023Feb 28, 2024
2022Mar 1, 2023
2021Mar 23, 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.