v3.26.1
Income Taxes
12 Months Ended
Dec. 31, 2025
Income Taxes  
Income Taxes

Note 16. Income Taxes

For the years ended December 31, 2025 and 2024, the loss from continuing operations before taxes consists of the following:

  ​ ​ ​

2025

  ​ ​ ​

2024

Domestic

$

(15,621)

$

(15,026)

Foreign

 

(456)

 

(1,415)

$

(16,077)

$

(16,441)

Income tax expense attributable to continued operations for the years ended December 31, 2025 and 2024 consisted of the following:

For the years ended December 31, 

  ​ ​ ​

2025

  ​ ​ ​

2024

Current:

 

  ​

 

  ​

Federal

$

$

State

 

13

 

30

Foreign

 

16

 

19

Deferred:

 

  ​

 

  ​

Federal

 

 

State

Foreign

$

29

$

49

Income tax attributable to continuing operations differed from the amounts computed by applying the applicable U.S. federal income tax rate to loss from continuing operations before taxes on income as a result of the following:

For the years ended December 31, 

  ​ ​ ​

2025

In thousands

Percent

Income (loss) from operations before income taxes

$

(3,376)

21

%

Tax rate

 

State and Local Taxes (Net of Federal Income Tax Effect)

3

-0.02

%

Foreign Tax Effects

International Rate Differential - Netherlands

6

-0.04

%

International Rate Differential - Other

(59)

0.37

%

Foreign Tax Effects - VA

164

-1.02

%

Change in Valuation Allowance

2,927

-18.21

%

Nontaxable or nondeductible items

Meals & Entertainment

8

-0.05

%

JV and Foreign Tax Activity

(38)

0.23

%

Loss on Preferred Stock

723

(4.50)

%

Derivative Liability

17

(0.10)

%

Impairment

62

-0.38

%

Warrant Liability

(675)

4.20

%

Other Adjustments

Return to Provision Adjustment

87

-0.54

%

Asset Impairment Adjustment

24

-0.15

%

Stock-Based Compensation Deferred Adjustment

160

(1.00)

%

Deferred Adjustment

(4)

0.03

%

Effective Rate

29

(0.18)

%

For the year ended December 31, 

  ​ ​ ​

2024

Income (loss) from operations before income taxes

$

(16,441)

Tax rate

 

21

%

Computed “expected” tax benefit

 

(3,453)

State taxes, net of federal income tax benefit

 

(272)

Change in valuation allowance

 

2,556

Nondeductible expenses

 

268

Other Adjustments

1

Return to Provision Adjustment

(107)

International Rate Differential

(82)

State Deferred Rate Change

(100)

Asset Impairment Adjustment

37

Stock Option Forfeitures

1,074

Deferred Adjustment

 

127

Income tax expense

$

49

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the Company’s deferred tax assets and liabilities as of December 31, 2025 and 2024 are as follows:

December 31, 

  ​ ​ ​

2025

  ​ ​ ​

2024

Deferred income tax assets

 

  ​

 

  ​

Net operating loss carryforwards

$

68,541

$

64,730

Stock-based compensation

 

635

 

714

Intangible assets and fixed assets

 

6,741

 

6,775

Other

3,006

3,671

Total deferred tax assets

78,923

75,890

Valuation allowance

 

(75,618)

 

(71,980)

Net deferred income tax assets, net of valuation allowance

$

3,305

$

3,910

Deferred tax liabilities

Right of use assets

(254)

(867)

Prepaid expenses

(280)

(272)

Investment in Partnership

(2,771)

(2,771)

Deferred tax assets (liabilities), net of valuation allowance

The Company assesses the need for a valuation allowance related to its deferred income tax assets by considering whether it is more likely than not that some portion or all of the deferred income tax assets will not be realized. The company considered positive and negative evidence when evaluating its Valuation Allowance position. The most impactful evidence considered in this assessment is the Company’s history of cumulative losses in recent years. Such cumulative losses are considered objective negative evidence under ASC 740 and carry substantial weight in the realizability analysis. Accordingly, a valuation allowance has been recorded against the Company’s deferred income tax assets, as it is in the opinion of management that it is more likely than not that the net operating loss carryforwards (“NOL”) will not be utilized in the foreseeable future.

The cumulative valuation allowance as of December 31, 2025 is $75,618 which will be reduced if and when the Company determines that the deferred income tax assets are more likely than not to be realized.

As of January 1, 2024

  ​ ​ ​

$

69,424

Charged to cost and expenses

 

2,452

Return to provision true-up and other

 

105

As of December 31, 2024

 

71,981

Charged to cost and expenses

 

3,649

Return to provision true-up and other

 

(12)

As of December 31, 2025

$

75,618

As of December 31, 2025, the Company’s estimated aggregate total NOLs were $150,926 for U.S. federal purposes, expiring 20 years from the respective tax years to which they relate, and $127,912 for U.S. federal purposes with an indefinite life due to new regulations in the TCJA. of 2017. The NOL amounts are presented before Internal Revenue Code, Section 382 limitations (“Section 382”). The Tax Reform Act of 1986 imposed substantial restrictions on the utilization of NOL and tax credits in the event of an ownership change of a corporation. Thus, the Company’s ability to utilize all such NOL and credit carryforwards may be limited. An IRC Section 382 Study has not yet been completed.

On July 4, 2025, the One Big Beautiful Bill Act was signed into law. The Company assessed the income tax effects of the enacted legislation in accordance with ASC 740 during the period of enactment. Based on the Company’s evaluation of the provisions applicable to its facts and circumstances, the Act did not result in a material impact to the Company’s income tax provision, deferred tax balances, or consolidated financial statements for the period ended December 31, 2025. The Company will continue to evaluate additional guidance and interpretations issued with respect to the Act, although it does not currently expect such items to materially affect its accounting for income taxes conclusions.

The Company files its tax returns in the U.S. federal jurisdiction, as well as in various state and local jurisdictions. The company is not currently under audit in any taxing jurisdictions. The federal statute of limitations for audit consideration is 3 years from the filing date, and generally states implement a statute of limitations between 3 and 5 years.

The Company has also recorded state and foreign net operating loss deferred tax assets (tax - effected) of $8,961 and $1,024, respectively. A full valuation allowance has been established against these deferred tax assets and has been included in the net $75,619 deferred tax asset.

The Company treats interest and penalties related to Uncertain Tax Positions as part of Income Tax Expense. The Comapny has not recorded any Uncertain Tax Positions as of December 31, 2025.

During the year ended December 31, 2025, the Company paid cash income taxes net of refunds recieved, of $58. The Company paid cash taxes for State & Local of $21, and Foreign cash taxes of $37. The State & Local taxes paid included payments to tax authorities of $15 in Virginia and $6 in New York State. The Foreign cash taxes paid included payments to tax authorities of $16 in Dubai and $20 in the Netherlands. Cash tax payments can vary from year to year based on the timing of installment payments, the settlement of audits, the utilization of tax credits and net operating losses, the taxable income generated in each jurisdiction, and the receipt of refunds.