NOTE 14 – INCOME TAXES

The components of income (loss) before taxes are as follows (in thousands):

 

 

Year Ended December 31,

 

 

 

2025

 

 

2024

 

 

2023

 

U.S.

 

$

(75,233

)

 

$

(31,758

)

 

$

(142,447

)

Foreign

 

 

34,616

 

 

 

43,337

 

 

 

12,801

 

(Loss) income before taxes

 

$

(40,617

)

 

$

11,579

 

 

$

(129,646

)

 

The provision for income taxes consisted of the following (in thousands):

 

 

Year Ended December 31,

 

 

 

2025

 

 

2024

 

 

2023

 

Current:

 

 

 

 

 

 

 

 

 

U.S. federal

 

$

(696

)

 

$

3,696

 

 

$

1,398

 

Foreign

 

 

13,853

 

 

 

12,161

 

 

 

16,546

 

State and local

 

 

310

 

 

 

(476

)

 

 

694

 

Total current

 

 

13,467

 

 

 

15,381

 

 

 

18,638

 

Deferred:

 

 

 

 

 

 

 

 

 

U.S. federal

 

 

 

 

 

(10

)

 

 

19

 

Foreign

 

 

2,318

 

 

 

(2,748

)

 

 

(8,113

)

State and local

 

 

(63

)

 

 

(175

)

 

 

(502

)

Total deferred

 

 

2,255

 

 

 

(2,933

)

 

 

(8,596

)

Provision for income taxes

 

$

15,722

 

 

$

12,448

 

 

$

10,042

 

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amount of assets and liabilities for financial reporting purposes and the amounts for income tax purposes.

The amount of valuation allowance that was released due to the changes in circumstances that affect the realizability of deferred tax assets was immaterial for the year ended December 31, 2025, and $1.3 million for the year ended December 31, 2024.

Significant components of the Company’s deferred tax assets and liabilities are as follows (in thousands):

 

 

December 31,

 

 

 

2025

 

 

2024

 

Deferred tax assets:

 

 

 

 

 

 

Loss carryforward

 

$

25,977

 

 

$

33,497

 

Research credits

 

 

24,207

 

 

 

14,998

 

Foreign tax credits

 

 

20,217

 

 

 

10,026

 

Accrued expenses

 

 

15,806

 

 

 

16,377

 

Fixed and intangible assets

 

 

1,703

 

 

 

6,216

 

Deferred revenue

 

 

9,007

 

 

 

9,768

 

Capitalized R&D

 

 

90,391

 

 

 

95,281

 

Lease liabilities

 

 

6,674

 

 

 

8,981

 

Other tax credits

 

 

 

 

 

2,378

 

Other

 

 

1,249

 

 

 

1,668

 

Gross deferred tax assets

 

 

195,231

 

 

 

199,190

 

Valuation allowance

 

 

(162,253

)

 

 

(152,235

)

Net deferred tax assets

 

 

32,978

 

 

 

46,955

 

Deferred tax liabilities:

 

 

 

 

 

 

Fixed and intangible assets

 

 

(21,620

)

 

 

(27,391

)

ROU assets

 

 

(5,958

)

 

 

(7,603

)

Other

 

 

(1,547

)

 

 

(6,224

)

Gross deferred tax liabilities

 

 

(29,125

)

 

 

(41,218

)

Net deferred tax assets

 

$

3,853

 

 

$

5,737

 

The need for a valuation allowance requires an assessment of both positive and negative evidence when determining whether it is more-likely-than-not that deferred tax assets are recoverable. Such assessment is required on a jurisdiction-by-jurisdiction basis. In making such assessment, significant weight is given to evidence that can be objectively verified. After considering both positive and negative evidence to assess the recoverability of the Company’s net deferred tax assets, the Company determined that it was not more-likely-than-not that it would realize its federal, certain state and certain foreign deferred tax assets. The Company intends to continue maintaining a valuation allowance on its federal deferred tax assets until there is sufficient evidence to support the reversal of all or some portion of these allowances. Release of the valuation allowance would result in the recognition of certain federal deferred tax assets and a decrease to income tax expense for the period the release is

recorded. The exact timing and amount of the valuation allowance release depends on the level of profitability that the Company is able to achieve.

As of December 31, 2025, the Company had recorded deferred tax assets for the tax effects of the following gross tax loss carryforwards (in thousands):

 

 

Carry forward Amount

 

 

Years of Expiration

Federal

 

$

24,742

 

 

2027—Indefinite

State (post-apportionment)

 

$

113,555

 

 

2026—Indefinite

As of December 31, 2025, the Company had recorded deferred tax assets for the tax effects of the following gross capital loss carryforwards (in thousands):

 

 

Carry forward Amount

 

 

Years of Expiration

Federal

 

$

79,033

 

 

2029

As of December 31, 2025, the Company had the following credits available to reduce future income tax expense (in thousands):

 

 

Carry forward Amount

 

 

Years of Expiration

Federal research and development credits

 

$

15,709

 

 

20312045

State research and development credits

 

$

22,530

 

 

Indefinite

Foreign tax credits

 

$

20,217

 

 

20302035

The deferred tax asset valuation allowance and changes in the deferred tax asset valuation allowance consisted of the following (in thousands):

 

 

Year Ended December 31,

 

 

 

2025

 

 

2024

 

 

2023

 

Balance at beginning of period

 

$

152,235

 

 

$

157,595

 

 

$

111,779

 

Charged (credited) to expenses

 

 

9,996

 

 

 

(5,051

)

 

 

46,397

 

Charged (credited) to other accounts

 

 

22

 

 

 

(309

)

 

 

(581

)

Balance at end of period

 

$

162,253

 

 

$

152,235

 

 

$

157,595

 

The following is a reconciliation of the federal statutory income tax rate to the Company’s effective tax rate, upon the adoption of ASU 2023-09, for the year ended December 31, 2025, summarized in reporting currency and income tax rate (amounts in thousands):

 

 

Year Ended December 31,

 

 

 

2025

 

 

 

Amount

 

 

Tax Rate

 

U.S. federal statutory rate

 

$

(8,529

)

 

 

21.0

%

State, net of federal benefit (1)

 

 

746

 

 

 

(1.8

)

Foreign tax effects:

 

 

 

 

 

 

Canada

 

 

 

 

 

 

Other

 

 

(14

)

 

 

 

Foreign withholding tax

 

 

2,309

 

 

 

(5.7

)

China

 

 

 

 

 

 

Other

 

 

(49

)

 

 

0.1

 

Foreign withholding tax

 

 

1,353

 

 

 

(3.3

)

Costa Rica

 

 

 

 

 

 

Foreign withholding tax

 

 

783

 

 

 

(1.9

)

India

 

 

 

 

 

 

Tax holiday

 

 

(477

)

 

 

1.2

 

Other

 

 

538

 

 

 

(1.3

)

 

 

 

 

Year Ended December 31,

 

 

 

2025

 

 

 

Amount

 

 

Tax Rate

 

Ireland

 

 

 

 

 

 

Statutory tax rate difference between Ireland and U.S.

 

$

(2,956

)

 

 

7.3

%

Changes in valuation allowance

 

 

(2,842

)

 

 

7.0

 

Other

 

 

(224

)

 

 

0.6

 

Norway

 

 

 

 

 

 

Changes in valuation allowance

 

 

(2,657

)

 

 

6.5

 

Entity rationalization

 

 

4,891

 

 

 

(12.0

)

Other

 

 

225

 

 

 

(0.6

)

Panama

 

 

 

 

 

 

Foreign withholding tax

 

 

1,143

 

 

 

(2.8

)

Poland

 

 

 

 

 

 

Research tax credit

 

 

(2,521

)

 

 

6.2

 

Other

 

 

(531

)

 

 

1.3

 

Puerto Rico

 

 

 

 

 

 

Foreign withholding tax

 

 

672

 

 

 

(1.7

)

Turkey

 

 

 

 

 

 

Foreign withholding tax

 

 

939

 

 

 

(2.3

)

United Kingdom

 

 

 

 

 

 

Statutory tax rate difference between United Kingdom and U.S.

 

 

829

 

 

 

(2.0

)

Changes in valuation allowance

 

 

(591

)

 

 

1.5

 

Research tax credit

 

 

(436

)

 

 

1.1

 

Other

 

 

(4

)

 

 

 

Other foreign jurisdictions

 

 

 

 

 

 

Other foreign withholding tax

 

 

1,473

 

 

 

(3.6

)

Other

 

 

305

 

 

 

(0.8

)

Effect of cross-border tax laws:

 

 

 

 

 

 

Global intangible low-taxed income

 

 

4,000

 

 

 

(9.9

)

Foreign income inclusion

 

 

787

 

 

 

(1.9

)

Other cross-border tax

 

 

26

 

 

 

(0.1

)

Tax credits

 

 

 

 

 

 

Foreign tax credit

 

 

(8,825

)

 

 

21.7

 

Research tax credit

 

 

(7,063

)

 

 

17.4

 

Changes in valuation allowance

 

 

13,204

 

 

 

(32.5

)

Changes in unrecognized tax benefits

 

 

(2

)

 

 

 

Nontaxable or nondeductible items

 

 

 

 

 

 

Stock-based compensation

 

 

3,754

 

 

 

(9.2

)

Executive compensation limitation

 

 

508

 

 

 

(1.3

)

Cancellation of debt

 

 

5,278

 

 

 

(13.0

)

Partnership income

 

 

2,423

 

 

 

(6.0

)

Entity rationalization

 

 

7,536

 

 

 

(18.6

)

Other

 

 

(279

)

 

 

0.7

 

Total

 

$

15,722

 

 

 

(38.7

)%

(1)
California and Tennessee represent the majority of the tax effect in this category.

For the years ended December 31, 2024 and 2023, income tax expense differed from the amounts computed by applying the U.S. federal income tax rate to income (loss) before income taxes as a result of the following (in thousands):

 

 

Year Ended December 31,

 

 

 

2024

 

 

2023

 

U.S. federal statutory rate

 

$

2,432

 

 

$

(27,226

)

State, net of federal benefit

 

 

501

 

 

 

532

 

Stock-based compensation

 

 

5,390

 

 

 

6,758

 

Executive compensation limitation

 

 

560

 

 

 

1,911

 

Research tax credit

 

 

(3,998

)

 

 

(6,983

)

Foreign withholding tax

 

 

11,051

 

 

 

12,811

 

Restructuring and transaction costs

 

 

1,394

 

 

 

649

 

Divestiture-related activity

 

 

5,339

 

 

 

(26,915

)

Foreign rate differential

 

 

(10,651

)

 

 

(7,354

)

Foreign tax credit

 

 

(10,338

)

 

 

(10,124

)

Change in valuation allowance

 

 

5,412

 

 

 

50,314

 

Effect of cross-border tax laws

 

 

2,580

 

 

 

10,151

 

Unrecognized tax benefits

 

 

(238

)

 

 

746

 

Change in estimates

 

 

3,387

 

 

 

3,844

 

Change in other comprehensive income

 

 

(826

)

 

 

 

Non-deductible expense

 

 

184

 

 

 

 

Others

 

 

269

 

 

 

928

 

Total

 

$

12,448

 

 

$

10,042

 

At December 31, 2025, the Company asserts that it will not permanently reinvest its foreign earnings outside the United States. The Company anticipates that the cash from its foreign earnings may be used domestically to fund operations or used for other business needs. The accumulated undistributed earnings generated by its foreign subsidiaries was approximately $16.9 million. Substantially all of these earnings will not be taxable upon repatriation to the United States since they will be treated as previously taxed earnings and profits. The U.S. state income taxes and foreign withholding taxes related to the distributable cash of the Company’s foreign subsidiaries are not expected to be material.

The following table summarizes the total unrecognized tax benefits and the amounts of which that would affect the effective tax rate upon recognition of such as of December 31, 2025, 2024 and 2023 (in thousands):

 

 

December 31,

 

 

 

2025

 

 

2024

 

 

2023

 

Total unrecognized tax benefits

 

$

15,526

 

 

$

15,376

 

 

$

23,587

 

Amount affecting the effective tax rate upon recognition of unrecognized tax benefits

 

$

1,130

 

 

$

1,198

 

 

$

9,592

 

The reconciliation of the Company’s unrecognized tax benefits for the years ended December 31, 2025, 2024 and 2023 is as follows (in thousands):

 

 

Year Ended December 31,

 

 

 

2025

 

 

2024

 

 

2023

 

Total unrecognized tax benefits at January 1

 

$

15,376

 

 

$

23,587

 

 

$

19,354

 

Changes due to separation, mergers, and dispositions

 

 

 

 

 

(6,858

)

 

 

 

Increases for tax positions related to the current year

 

 

1,203

 

 

 

2,009

 

 

 

4,070

 

Increases for tax positions related to prior years

 

 

104

 

 

 

33

 

 

 

961

 

Decreases for tax positions related to prior years

 

 

(1,157

)

 

 

(3,395

)

 

 

(798

)

Total unrecognized tax benefits at December 31

 

$

15,526

 

 

$

15,376

 

 

$

23,587

 

It is the Company’s policy to classify accrued interest and penalties related to unrecognized tax benefits in the provision for income taxes. For the years ended December 31, 2025, 2024 and 2023, we recognized interest and penalties related to unrecognized tax benefits of $0.1 million, an immaterial amount, and $0.3 million, respectively. As of December 31, 2025 and 2024, accrued interest and penalties were $0.3 million and $0.1 million, respectively.

The following table summarizes the disaggregation of income taxes paid by jurisdiction, net of refunds received, pursuant to the disclosure requirements of ASU 2023-09 (in thousands):

 

 

Year Ended December 31,

 

 

 

2025

 

U.S. federal

 

$

 

State and local

 

 

(567

)

Foreign

 

 

 

Canada

 

 

2,244

 

China

 

 

1,818

 

Costa Rica

 

 

896

 

India

 

 

1,274

 

Panama

 

 

1,161

 

Poland

 

 

(699

)

Puerto Rico

 

 

957

 

United Kingdom

 

 

3,036

 

All other foreign jurisdictions

 

 

2,905

 

Income taxes paid, net of refunds received

 

$

13,025

 

The Company paid $19.1 million and $21.3 million for income tax, net of refunds received, for the years ended December 31, 2024 and 2023, respectively.

With few exceptions, the Company’s 2021 through 2025 tax years are open to examination in the United States, any net operating losses or credits that were generated in prior years, but not yet fully utilized in a year that is closed under the statute of limitations, may also be subject to examination.

Historical Timeline

Fiscal YearFiled
2025Feb 26, 2026Showing above
2024Feb 27, 2025
2023Mar 1, 2024
2022Mar 6, 2023

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.