Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.22.4
Income Taxes
12 Months Ended
Dec. 31, 2022
Income Taxes [Abstract]  
Income Taxes NOTE 15. INCOME TAXES 

Consolidated income before income taxes consists of the following:

Year Ended December 31,

2022

2021

2020

U.S. operations

$

6,069

$

16,947

$

362

Foreign operations

(83,200)

(3,068)

3,223

(Loss) income before income tax

$

(77,131)

$

13,879

$

3,585

The components of the benefit for income taxes consist of the following:

Year Ended December 31,

2022

2021

2020

Current:

Federal

$

-

$

141

$

34

State and local

998

887

390

Foreign

1,575

2,057

863

2,573

3,085

1,287

Deferred:

Federal

4,827

4,338

3,084

State and local

956

353

44

Foreign

(14,652)

(2,020)

(91)

(8,869)

2,671

3,037

Change in valuation allowance for deferred income taxes

(1,055)

(17,970)

(6,284)

(9,924)

(15,299)

(3,247)

Income tax benefit

$

(7,351)

$

(12,214)

$

(1,960)

The Company’s foreign operations that are considered to be permanently reinvested have statutory tax rates of approximately 25% to 30%.

The following is a reconciliation of the statutory federal income tax rate to the effective rate reported in the Company’s financial statements:

Year Ended December 31,

2022

2021

2020

Statutory income tax (benefit) expense

(21.0)

%

21.0

%

21.0

%

Increase (decrease) in income taxes resulting from:

Foreign taxes

(4.8)

1.3

3.6

State income taxes, net of federal income taxes

2.5

10.1

10.2

Income tax credits

(2.0)

(14.1)

(17.1)

Stock options

(1.2)

(5.5)

9.9

Change in effective state rate

0.2

(0.5)

2.3

Deferred tax asset write-offs

-

-

73.1

Executive compensation limitation

3.1

7.3

15.6

Change in valuation allowance

(1.4)

(129.5)

(175.4)

Impairment of goodwill

14.3

-

-

Research and development expenditure

0.6

1.7

-

Fair value inventory step-up

-

4.8

-

Transactions costs

-

10.2

-

Other

0.2

5.2

2.1

Income tax benefit

(9.5)

%

(88.0)

%

(54.7)

%

The deferred tax asset write-offs relate to historical research and development tax credits and certain investments that were fully offset by a release in the valuation allowance.

Deferred income tax assets and liabilities are determined based on the difference between the financial reporting carrying amounts and tax bases of existing assets and liabilities and operating loss and tax credit carryforwards. Significant components of the Company’s existing deferred income tax assets and liabilities as of December 31, 2022 and 2021 are as follows:

December 31,

2022

2021

Deferred tax assets:

Net operating loss, capital loss amount and research & experimentation credit carryforwards

$

10,685

$

19,413

Capitalized research and development costs

8,205

7,117

Capitalized costs to self-constructed property

7,892

4,876

Non-cash compensation

2,534

2,576

Accrued liabilities

1,472

1,944

Reserves and other

1,960

2,013

Intangibles

224

245

32,972

38,184

Valuation allowance

(3,323)

(4,378)

Net deferred tax assets

29,649

33,806

Deferred tax liabilities:

Depreciation

(1,390)

(1,737)

Intangibles

(28,319)

(44,814)

Other

(534)

(102)

(30,243)

(46,653)

Total

$

(594)

$

(12,847)

Certain deferred income tax balances are not netted as they represent deferred amounts applicable to different taxing jurisdictions. The Company has provided a valuation allowance against a portion of the deferred tax assets as of December 31, 2022, because the ultimate realization of those assets does not meet the more-likely-than-not criteria. The majority of the Company’s deferred tax assets consist of

net operating loss carryforwards for federal tax purposes. If a change in control were to occur, these could be limited under Section 382 of the Internal Revenue Code of 1986 (“Code”), as amended.

In assessing the realizability of deferred income tax assets, management considers whether it is more likely than not that some portion or all of the deferred income tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible and net operating loss and credit carryforwards expire. The estimates and judgments associated with the Company’s valuation allowance on deferred tax assets are considered critical due to the amount of deferred tax assets recorded by the Company on its consolidated balance sheets and the judgment required in determining the Company’s potential for future taxable income. The need for a valuation allowance is reassessed at each reporting period.

The net change in the valuation allowance for deferred income tax assets was ($1,055), ($17,970), and ($6,284) during the years ended December 31, 2022, 2021, and 2020, respectively. A roll forward of our valuation allowance for deferred income tax assets for the years ended December 31, 2022, 2021, and 2020 is as follows:

Balance at Beginning of Year

Charged to Costs and Expenses

Other Adjustments

Balance at End of Year

2020

$

28,632

$

(6,284)

$

-

$

22,348

2021

$

22,348

$

(17,970)

$

-

$

4,378

2022

$

4,378

$

51

$

(1,106)

$

3,323

As of December 31, 2022, the Company has net operating loss carryforwards (“NOLs”) and research and experimentation credit for U.S. federal income tax purposes of $17,663 and $2,651, respectively. The Company believes its U.S. Federal NOLs will substantially offset its future U.S. Federal income taxes until expiration. The majority of the Company’s pre-tax income is currently earned and expected to be earned in the U.S., or taxed in the U.S. as Subpart F. income and will be offset with the NOLs. There are $1,851 of NOLs that expire on December 31, 2023, which the Company expects to realize in their entirety in 2023.

NOLs available to offset taxable income, subject to compliance with Section 382 of the Code, begin to expire based upon the following schedule:

Net Operating Loss Carryforward Expiration Dates

December 31, 2022

Expiration Dates December 31,

Net Operating Loss Amount

2023

$

1,851

2024

3,566

2025

1,708

2026 and beyond

10,538

Total

$

17,663

Tax positions are recognized in the financial statements when it is more likely than not that the position will be sustained upon examination by the tax authorities. The Company conducts its business globally. As a result, the Company and its subsidiaries file income tax returns in the U.S. federal jurisdiction and various state and foreign jurisdictions and are subject to examination for the open tax years in the U.S. federal and state jurisdictions of 2015 through 2021 and in the foreign jurisdictions of 2007 through 2021. The Company recognizes interest and penalties related to unrecognized tax benefits in income tax expense.

A reconciliation of the beginning and ending amount of total unrecognized tax benefits for the years ended December 31, 2022, 2021 and 2020 is as follows:

December 31,

2022

2021

2020

Balance, beginning of year

$

696

$

427

$

561

Additions for current year tax positions

159

143

87

Additions for prior year tax positions

-

237

12

Reductions for prior year tax positions

(42)

(111)

(233)

Balance, end of year

$

813

$

696

$

427

Included in the balance of total unrecognized tax benefits at December 31, 2022 and 2021, are potential benefits of $813 and $696, respectively, that if recognized, would affect the effective rate, subject to impact of valuation allowance, on income from continuing operations. Unrecognized tax benefits that reduce a net operating loss, similar tax loss or tax credit carryforward are presented as a reduction to deferred income taxes. As a result, the Company classified $454 and $250 of its unrecognized tax benefit as a reduction to deferred tax assets as of December 31, 2022 and 2021, respectively.

Interest and penalty expense recognized related to uncertain tax positions were not significant during the years ending December 31, 2022, 2021, and 2020, respectively. Total accrued interest and penalties as of December 31, 2022 and 2021, were not significant.