Income (loss) before income tax provision for domestic and non-U.S. operations is as follows (in thousands):


	For the Year Ended December 31,
	2022			2021			2020
Income (loss) from operations before income tax provision:
U.S.	$	(2,710	)	$	(1,189	)	$	(6,321	)
Foreign		2,419			2,837			1,289
Income (loss) from operations before income tax provision	$	(291	)	$	1,648		$	(5,032	)

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


	For the Year Ended December 31,
	2022		2021			2020
Deferred:
Federal	$	—	$	—		$	—
State		—		—			—
Foreign		—		—			—
	$	—	$	—		$	—
Current:
Federal	$	—	$	—		$	—
State		3		(24	)		(15	)
Foreign		98		52			88
Total current		101		28			73
Total income tax provision	$	101	$	28		$	73

Significant items making up deferred tax assets and liabilities are as follows (in thousands):


	December 31,
	2022			2021
Deferred tax assets:
Allowances not currently deductible for tax purposes	$	777		$	978
Net operating loss carryforwards		41,730			44,068
Operating lease liabilities		1,018			312
General carryforwards		16,407			16,433
Stock-based compensation		1,471			1,487
Accrued and other		2,090			1,961
		63,493			65,239
Less valuation allowance		(59,996	)		(62,441	)
		3,497			2,798
Deferred tax liabilities:
Depreciation and amortization		(867	)		(925	)
Operating lease right-of-use assets		(693	)		(10	)
State income taxes		(1,937	)		(1,863	)
		(3,497	)		(2,798	)
Net deferred tax asset	$	—		$	—

Management assesses the available positive and negative evidence to estimate if sufficient future taxable income will be generated to use the existing deferred tax assets. A significant piece of objective negative evidence evaluated was the cumulative loss incurred over the three-year period ended December 31, 2022. Such objective evidence limits the ability to consider other subjective evidence such as the Company’s projections for future growth.

A valuation allowance of $60.0 million and $62.4 million, as of December 31, 2022 and 2021, respectively, has been recorded to offset the related net deferred tax assets as the Company is unable to conclude that it is more likely than not that such deferred tax assets will be realized. The net deferred tax liabilities are primarily from foreign tax liabilities as well as intangibles acquired as a result of the acquisitions, which are not deductible for tax purposes.

The following table summarizes the Company’s net deferred tax assets valuation allowance activity (in thousands):


	Year Ended December 31,
	2022			2021			2020
Balance at beginning of period	$	62,441		$	62,699		$	62,492
Increases in valuation allowance		—			459			1,142
Decreases in valuation allowance		(2,445	)		(717	)		(935	)
Balance at end of period	$	59,996		$	62,441		$	62,699

Section 951A under the Tax Cuts and Jobs Act (the “Act”) requires a U.S. shareholder of a controlled foreign corporation to include in taxable income the shareholder’s share of global intangible low-taxed income (“GILTI”) for the year. The Company has determined that the Section 951A provisions do apply to its operations and relationships with its controlled foreign corporations (“CFCs”). The Company recorded $2.0 million and $2.5 million of GILTI income in 2022 and 2021, respectively. The Company did not record any GILTI income in 2020 due to net tested losses at its CFCs.

The Act also changed the treatment of Section 174 research and experimental costs beginning January 1, 2022. Historically, taxpayers had the option of expensing Section 174 costs currently or amortizing over five years. The Act provision requires taxpayers to now capitalize such costs and amortize over five years for research conducted domestically or fifteen years if conducted outside of the U.S. This new Section 174 rule had no material impact on the Company's consolidated financial statements in 2022, and any increases to taxable income as a result of capitalizing research and experimental costs in the future are expected to be offset by the Company's net operating losses.

As of December 31, 2022, the Company had net operating loss carryforwards of $121.0 million for federal, $50.3 million for state and $52.5 million for foreign income tax purposes. Certain of the Company’s federal, state and foreign loss carryforwards have started expiring and will continue to expire through 2042 if not utilized.

The Tax Reform Act of 1986 (the “Tax Reform Act”) limits the use of net operating loss and tax credit carryforwards in certain situations where changes occur in stock ownership. The Company completed its acquisition of Bluehill ID AG on January 4, 2010, which resulted in a stock ownership change as defined by the Tax Reform Act. The Company also completed its acquisition of 3VR Security, Inc. on February 14, 2018, which resulted in a stock ownership change as defined by the Tax Reform Act. These transactions resulted in limitations on the annual utilization of federal and state net operating loss carryforwards and credits. As a result, the Company reevaluated its available deferred tax assets, and the loss carryforward and credit amounts, excluding the valuation allowance presented above have been adjusted for the limitation resulting from the change in ownership in accordance with the provisions of the Tax Reform Act.

The income tax provision reconciled to the amount computed by applying the statutory federal tax rate to the income (loss) before income tax provision is as follows (in thousands):


	For the Year Ended December 31,
	2022			2021			2020
Income tax provision (benefit) at statutory federal tax rate of 21%	$	(61	)	$	345		$	(1,057	)
State taxes, net of federal benefit		2			(19	)		(12	)
Foreign taxes provisions provided for at rates other than U.S. statutory rate		(410	)		(494	)		(202	)
Section 951(A) inclusion		428			523			—
Stock options		(218	)		(443	)		—
Change in valuation allowance		274			700			1,432
Permanent differences		86			42			(76	)
PPP loan forgiveness		—			(619	)		—
Other		—			(7	)		(12	)
Total provision for income taxes	$	101		$	28		$	73

The Company applies the provisions of, and accounted for uncertain tax positions in accordance with, ASC 740. ASC 740 clarifies the accounting for uncertainty in income taxes recognized in an entity’s financial statements. It prescribes a recognition threshold and measurement attribute for the financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. ASC 740 also provides guidance on de-recognition, classification, interest and penalties, accounting in interim periods, disclosure, and transition.

The Coronavirus Aid, Relief and Economic Security Act (the "CARES Act") includes provisions relating to refundable payroll tax credits, deferment of the employer portion of certain payroll taxes, net operating loss carryback periods, and alternative minimum tax credit refunds. The Company analyzed the provisions of the CARES Act and determined there was no significant impact to its provision for income taxes for the year ended December 31, 2020.

On August 16, 2022, the President of the United States signed into law the Inflation Reduction Act ("H.R. 5376"), which contained various tax law changes, including the imposition of an AMT on “large” corporations, a tax on certain stock buybacks, and other targeted revenue raisers. The Company analyzed the provisions of H.R. 5376 and currently does not expect this law to have any material effect on the Company.

On June 29, 2020, California Governor Gavin Newsom signed Assembly Bill 85 (“AB85”) into law as part of the California 2020 Budget Act, which temporarily suspends the use of California net operating losses and imposes a cap on the amount of business incentive tax credits that companies can utilize against their net income for tax years 2020, 2021, and 2022. The Company analyzed the provisions of AB85 and determined there was no impact on the Company’s income tax provision for the years ended December 31, 2022 and 2021.

On December 27, 2020, the Consolidated Appropriations Act, 2021 (the “CAA”) was signed into law. The CAA includes provisions meant to clarify and modify certain items put forth in CARES Act, while providing aid to businesses affected by the pandemic. The Company recorded an income tax benefit of $6.2 million in the year ended December 31, 2021 as a result of deductibility of expenses paid by the forgiveness of the PPP loan.

A reconciliation of the beginning and ending amount of unrecognized tax benefits with an impact on the Company’s consolidated balance sheets or statements of comprehensive income (loss) is as follows (in thousands):


	December 31,
	2022		2021
Balance at beginning of period	$	2,276	$	2,307
Additions based on tax positions related to the current year		1		1
Additions for tax positions of prior years		2		—
Reductions in prior year tax positions		—		(32	)
Balance at end of period	$	2,279	$	2,276

While timing of the resolution and/or finalization of tax audits is uncertain, the Company does not believe that its unrecognized tax benefits as presented in the above table would materially change in the next 12 months.

As of December 31, 2022 and 2021, the Company recognized liabilities for unrecognized tax benefits of $2.3 million and $2.3 million, respectively. Since there was a full valuation allowance against these deferred tax assets, there was no impact on the Company’s consolidated balance sheets or statements of comprehensive income (loss) for the years ended December 31, 2022, 2021 and 2020. Also the subsequent recognition, if any, of these previously unrecognized tax benefits would not affect the effective tax rate. Such recognition would result in adjustments to other tax accounts, primarily deferred taxes. The amount of unrecognized tax benefits which, if recognized, would not affect the Company's tax rate as of December 31, 2022 and 2021, respectively.

The Company recognizes interest accrued related to unrecognized tax benefits and penalties as income tax expense. For the year ended December 31, 2022, the Company recorded an increase in accrued penalties of $2,000 and an increase in accrued interest of $1,000 related to the unrecognized tax benefits noted above. As of December 31, 2022, the Company has recognized a total liability for penalties of $4,000 and interest of $7,000. For the year ended December 31, 2021, the Company recorded a decrease in accrued penalties of $3,000 and a decrease in accrued interest of $9,000 related to the unrecognized tax benefits noted above. As of December 31, 2021, the Company had recognized a total liability for penalties of $3,000 and interest of $5,000. For the year ended December 31, 2020, the Company recorded a decrease in accrued penalties of $5,000 and a decrease in accrued interest of $21,000.

The Company files U.S. federal, U.S. state and foreign tax returns. The Company generally is no longer subject to tax examinations for years prior to 2017. However, if loss carryforwards of tax years prior to 2017 are utilized in the U.S., these tax years may become subject to investigation by the tax authorities.