Note 10 — Income Taxes

The Company files U.S. federal and various state and foreign tax returns.

Pre-tax earnings consisted of the following for the years ended:

December 31, 

December 31, 

December 31, 

  ​ ​ ​

2025

  ​ ​ ​

2024

  ​ ​ ​

2023

Pre-Tax Income (Loss)

 

  ​

 

  ​

 

  ​

U.S.

$

(31,501,564)

$

(72,864,232)

$

(49,035,562)

Outside the U.S.

 

(771,564)

 

(673,925)

 

(1,113,515)

Total Pre-Tax Income (Loss)

$

(32,273,128)

$

(73,538,157)

$

(50,149,077)

The provision expense/(benefit) for income taxes for the years ended December 31, 2025, 2024, and 2023 was as follows:

  ​ ​ ​

2025

  ​ ​ ​

2024

  ​ ​ ​

2023

U.S. Income Taxes:

 

  ​

 

  ​

 

  ​

Current Provision

$

$

$

Deferred Provision

 

(6,002,161)

 

(13,257,284)

 

(7,207,958)

Valuation Allowance

 

6,002,161

 

13,257,284

 

7,207,958

Income Taxes Outside the U.S.:

 

 

 

Current Provision

 

 

 

Deferred Provision

 

(306,745)

 

(82,211)

 

297,343

Valuation Allowance

 

306,745

 

82,211

 

(297,343)

State Income Taxes:

 

 

 

Current Provision

 

 

 

Deferred Provision

 

(417,044)

 

(552,573)

 

(634,503)

Valuation Allowance

 

417,044

 

552,573

 

634,503

Total Provision

$

$

$

A reconciliation of the statutory U.S. federal income tax rate to the effective rates for the years ended December 31, 2025, 2024, and 2023 is as follows:

  ​ ​ ​

2025

  ​ ​ ​

2024

  ​ ​ ​

2023

  ​ ​ ​

Amount

%  

Amount

%  

Amount

%

U.S. Federal statutory tax rate

 

$

(6,777,357)

21.0

 

$

(15,443,013)

21.0

 

$

(10,531,306)

21.0

State and local income taxes, net of federal

 

income tax effect

 

0.0

 

0.0

 

0.0

Foreign tax effects:

 

Germany

17,506

(0.1)

(17,414)

0.0

241,597

(0.5)

Japan:

NOL expiration

 

0.0

 

 

1,053,211

(2.1)

Change in valuation allowance

 

234,992

(0.7)

 

175,589

(0.2)

 

(676,708)

1.3

Other

 

(90,469)

0.3

 

(16,651)

0.0

 

(384,262)

0.8

Effect of changes in tax laws or rates enacted in

 

the current period

 

0.0

 

0.0

 

0.0

Effect of cross-border tax laws

 

0.0

 

0.0

 

265,769

(0.5)

Tax credits

(209,472)

0.6

0.0

(36,666)

0.1

Changes in valuation allowance

 

6,002,161

(18.6)

 

13,257,284

(18.0)

 

7,207,958

(14.4)

Nontaxable or nondeductible items:

 

Incentive stock options

280,906

(0.9)

700,490

(1.0)

595,925

(1.2)

Stock-based compensation (windfalls) shortfalls

(190,318)

0.6

103,096

(0.1)

109,839

(0.2)

Other

8,694

0.0

7,106

0.0

349,123

(0.7)

Changes in unrecognized tax benefits

0.0

0.0

0.0

Other adjustments:

 

Stock-based compensation adjustments for:

 

Executive compensation limitation

 

(166,112)

0.5

 

1,048,277

(1.4)

 

1,730,628

(3.5)

Expirations, forfeitures, and cancellations

 

693,946

(2.2)

 

113,056

(0.2)

 

21,098

0.0

Other

 

195,522

(0.5)

 

72,180

(0.1)

 

53,793

(0.1)

Net Effective Tax Rate

 

$

0.0

 

$

0.0

 

$

0.0

Significant components of the Company’s deferred tax assets and liabilities at year end are as follows:

December 31, 

December 31, 

December 31, 

  ​ ​ ​

2025

  ​ ​ ​

2024

  ​ ​ ​

2023

Deferred Tax Assets:

 

  ​

 

  ​

 

  ​

Net Operating Loss Carryforwards

$

54,622,812

$

48,639,974

$

42,538,219

Tax Credit Carryforwards

 

4,462,038

 

4,186,788

 

4,191,198

Inventory Valuation Adjustment

 

1,367,276

 

1,839,907

 

1,316,114

Stock-based Compensation

 

1,244,391

 

1,476,671

 

1,098,240

Lease Obligation Liability

 

221,167

 

107,546

 

65,628

Capitalized R&D

 

6,287,828

 

4,972,383

 

4,172,773

Intangible Assets

5,428,929

5,740,760

510,539

Investment in Atomistic

 

1,315,459

 

1,298,158

 

Other

 

343,898

 

192,038

 

627,529

Total Deferred Tax Assets

 

75,293,798

 

68,454,225

 

54,520,240

Deferred Tax Liabilities:

 

  ​

 

  ​

 

  ​

Lease Right of Use Asset

221,167

107,546

65,628

Total Deferred Tax Liabilities

 

221,167

 

107,546

 

65,628

Net Deferred Tax Assets Before Valuation Allowance

75,072,631

68,346,679

54,454,612

Valuation Allowance

 

(75,072,631)

 

(68,346,679)

 

(54,454,612)

Net Deferred Tax Assets

$

$

$

As of December 31, 2025, the Company has approximately $250 million in U.S. Federal net operating loss (NOL) carry-forwards. Some of these NOL carryforwards will expire beginning in 2026 and others are not subject to expiration. Specifically, $74.3 million of the NOL carryforward will begin to expire in 2026 and as a result of the Tax Cuts and Jobs Act, the remaining NOL carryforwards have no expiration. In addition to the U.S. Federal NOL carryforward, the Company has state NOL carryforwards of approximately $15.8 million in various jurisdictions in which it files that will begin to expire in 2034. The Company also has approximately $4.5 million of U.S. Federal and state credit carryforwards. The credit carryforwards will begin to expire in 2026 and will be fully expired by 2045 if not utilized. Utilization of the NOL carry-forwards may be subject to an annual limitation in the case of sufficient equity ownership changes under Section 382 of the U.S. Federal tax law or the NOL's may expire unutilized.

In addition to the U.S. Federal and state attributes noted above, Vuzix Europe GmbH, a wholly owned subsidiary incorporated in Germany, has NOLs as of December 31, 2025 of $1.1 million that have no expiration. Vuzix Japan KK, a KK corporate entity wholly owned by the Company in Japan, has NOLs as of December 31, 2025 of $1.8 million that will expire in 2034.

As the result of the assessment of the FASB ASC 740-10 (“Prior Authoritative Literature: FASB Interpretation No. 48 (“FIN 48”), Accounting for Uncertainty in Income Taxes — An Interpretation of FASB Statement No. 109”), the Company has no unrecognized tax benefits.

The Company’s U.S. Federal and state tax matters for the years 2021 through 2024 remain subject to examination by the respective tax authorities.

FASB ASC 740 (“Prior Authoritative Literature: SFAS No. 109, Accounting for Income Taxes”), requires

recognition of deferred tax assets and liabilities for the expected future tax consequences of events that have been included in the financial statements or tax returns. Under this method, deferred tax assets and liabilities are determined based on differing treatment of items for financial reporting and income tax reporting purposes. The deferred tax balances are adjusted to reflect tax rates by tax jurisdiction, based on currently enacted tax laws, which will be in effect in the years in which the temporary differences are expected to reverse. In light of the historic losses of the Company, a

100% valuation allowance has been recorded to fully offset any benefit associated with the net deferred tax assets, for which realization is not considered more likely than not to occur.

The One Big Beautiful Bill Act ("OBBB") was signed into law on July 4, 2025. The OBBB makes changes to U.S. corporate income tax, including immediate expensing of domestic research and development costs, with retroactive application beginning January 1, 2025; reinstating the option to claim 100% accelerated depreciation deductions on qualified property, with retroactive application beginning January 20, 2025; and international tax provisions modifying global intangible low-taxed income ("GILTI"), foreign-derived intangible income ("FDII"), and base erosion and anti-abuse tax ("BEAT"). There is no significant impact from the OBBB on the Company.

Historical Timeline

Fiscal YearFiled
2025Mar 12, 2026Showing above
2024Mar 13, 2025
2023Apr 15, 2024
2022Mar 1, 2023
2021Mar 2, 2022
2020Mar 15, 2021
2019Mar 16, 2020
2018Mar 15, 2019
2017Mar 16, 2018
2016Mar 16, 2017
2015Mar 30, 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.