14. INCOME TAX PROVISION

 

The Company is operated as, and has elected to be taxed as, a REIT under Sections 856 to 860 of the Code. As a REIT, the Company is generally not subject to corporate level income taxes on REIT taxable income that is distributed to its shareholders. The Company accounts for income taxes under the asset and liability method under which it recognizes deferred income taxes, net of valuation allowances, if any, for the estimated future tax effects of temporary differences between the financial statement carrying amounts of existing assets and liabilities and its tax bases and net operating loss and tax credit carryforwards. The Company may, from time to time, be assessed interest or penalties by tax jurisdictions, although any such assessments historically have been minimal and immaterial to its financial results. In the event the Company has such an assessment from a taxing authority, it is its accounting policy to recognize any interest and penalties as a component of income tax. We, together with one of our entities, have elected to treat certain subsidiaries as a taxable REIT subsidiary (a “TRS”) for federal income tax purposes. Certain activities that we undertake must be conducted by a TRS, such as non-customary services for our tenants, and holding assets that we cannot hold directly. A TRS is subject to federal and state income taxes. The Company has concluded that there are no significant uncertain tax positions requiring recognition in its financial statements. Neither the Company nor its subsidiaries have been assessed any significant interest or penalties for tax positions by any tax jurisdictions.

 

Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled. The effect on deferred tax assets and liabilities of a change in tax rates is recognized in income in the period that includes the enactment date.

 

The provision (benefit) for income taxes related to our TRS entities consists of the following for the years ended December 31, 2025 and 2024:

 

  

December 31, 2025

  

December 31, 2024

 

Current income tax expense (benefit)

        

Federal

 $(25,778) $(17,835)

State

  31,068   30,572 

Total current income tax expense (benefit)

  5,290   12,737 
         

Deferred income tax expense

        

Federal

  424,119   40,279 

State

  33,761   7,839 

Total deferred income tax expense

  457,880   48,118 
         

Total income tax (benefit) expense

 $463,170  $60,855 

 

Income tax provision differed from the amount computed by applying the U.S. federal income tax rate of 21% to income (loss) before taxes, as follows:

 

  

December 31, 2025

  

December 31, 2024

 
                 

Taxes at federal statutory rate

 $4,979   21.0% $103,369   21.0%

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

  3,797   16.0%     0.0%

Re-rate of state deferreds

  21,383   90.2%  48,564   9.9%

REIT minimum state and local income tax

  20,468   86.3%     0.0%

Other - Other investment write off

  382,622   1613.8%     0.0%

Other - True-up adjustments

  7,115   30.0%     0.0%

Other - Partnership basis true-up

  22,806   96.2%  (91,078)  -18.5%
                 

Total income tax expense

 $463,170   1954% $60,855   12.4%

 

The pretax income in our TRS for the years ended  December 31, 2025 and 2024 totaled approximately $24,000 and $492,000, respectively. 

 

The tax effects of temporary differences which give rise to significant portions of deferred tax assets are as follows as of December 31:

 

  

For The Years Ended

 
  

2025

  

2024

 

Deferred Tax Assets

        

Deferred Revenue

 $1,398  $ 

State Taxes

     8 

Fixed Asset

  145,680   243,662 

Basis difference in investments

  9,027   54,974 

Net operating loss

  68,952    

Total deferred tax asset

  225,057   298,644 
         

Deferred Tax Liabilities

        

State Taxes

  (912)   

Prepaids

  (757)   

Net deferred tax assets

  223,388   298,644 
         

Net deferred tax assets (liability)

 $223,388  $298,644 

 

As of December 31, 2025, the Company had net operating loss carryforwards of $321,111 for federal, $36,361 for state income tax purposes. The Company's state loss carryforwards will begin to expire starting in 2041 if not utilized.

 

Management assessed the available positive and negative evidence to estimate whether sufficient future taxable income will be generated to permit use of the existing deferred tax assets. A significant piece of objective positive evidence evaluated was the history of cumulative income for Model Homes Inc. incurred over the three-year period ended December 31, 2025. Such objective evidence provides support for no valuation allowance to be recorded for the year ended December 31, 2025.

 

In December 2023, the FASB issued ASU 2023-09, Income Taxes (Topic 740): Improvements to Income Tax Disclosures, which improves income tax disclosures through enhanced disaggregation within the rate reconciliation table and disaggregation of income taxes paid by jurisdiction. The amendment is effective for fiscal years beginning after December 15, 2024 and early adoption is permitted. The amendments should be applied on a prospective basis, however, retrospective application is permitted. The adoption of this ASU only impacted disclosures with no impact on the Company's consolidated financial statements.

 

Cash Taxes Paid (net of refunds)

    
     

FEDERAL

 $29,009 

STATE

    

AL

  4,000 

CA

  20,452 

TX

  20,659 

WI

  3,581 

OTHER

  1,147 

TOTAL

 $78,848 

 

Historical Timeline

Fiscal YearFiled
2025Mar 27, 2026Showing above
2024Mar 31, 2025
2023Apr 16, 2024

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.