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INCOME TAXES
 12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
Benefit from (provision for) income taxes the years ended December 31, 2022 and 2021 consisted of the following (in thousands):
 Years Ended
December 31,
20222021
Income before benefit from (provision for) income taxes26,965 17,290 
Benefit from (provision for) income taxes3,699 (4,806)
Effective tax rate(13.7)%27.8 %

Benefit from income taxes for the year ended December 31, 2022, resulted primarily from estimated domestic and foreign taxes included in the calculation of the effective tax rate. Provision for income taxes for the year ended December 31, 2021 primarily consisted of estimated U.S. taxes, adjustments to uncertain tax positions withholding tax reserve, foreign taxes and foreign withholding taxes. We put a partial valuation allowance for certain federal assets and continue to maintain full valuation allowance for state and certain foreign deferred tax assets in the United States and Canada.
The components of our income before benefit from (provision for) income taxes were as follows (in thousands):
Years Ended
December 31,
20222021
Domestic$14,552 $5,893 
Foreign12,413 11,397 
Total$26,965 $17,290 
The benefit from (provision for) income taxes consisted of the following (in thousands):
Years Ended December 31,
20222021
Current:
U.S. federal$458 $3,285 
States and local74 2 
Foreign871 934 
Total current1,403 4,221 
Deferred:
U.S. federal(5,694)— 
States and local— — 
Foreign592 585 
Total deferred(5,102)585 
Total benefit from (provision for) income taxes$(3,699)$4,806 
Deferred tax assets and liabilities are recognized for the temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes, tax losses, and credit carryforwards.
Significant components of the net deferred tax assets and liabilities consisted of (in thousands):
December 31,
20222021
Deferred tax assets:
Net operating loss carryforwards$5,391 $7,638 
State income taxes15 1 
Deferred revenue3,498 4,502 
Research and development and other credits3,757 10,493 
Reserve and accruals recognized in different periods1,692 395 
Capitalized research and development expenses3,019 3,333 
Depreciation and amortization1,802 2,492 
Lease liability104 339 
Total deferred tax assets19,278 29,193 
Valuation allowance(12,341)(27,239)
Net deferred tax assets6,937 1,954 
Deferred tax liabilities:
Right of use lease assets(67)(185)
Foreign credits— — 
Other deferred tax liabilities— — 
Total deferred tax liabilities(67)(185)
Net deferred taxes$6,870 $1,769 
We account for deferred taxes under ASC 740 which requires a reduction of the carrying amounts of deferred tax assets by a valuation allowance if, based on available evidence, it is more likely than not that such assets will not be realized. Accordingly, the need to establish valuation allowances for deferred tax assets is assessed periodically based on the ASC 740 more-likely-than-not realization ("MLTN") threshold criterion. This assessment considers matters such as future reversals of existing taxable temporary differences, projected future taxable income, tax-planning strategies, and results of recent operations. The evaluation of the recoverability of the deferred tax assets requires that we weigh all positive and negative evidence to reach a conclusion that it is more likely than not that all or some portion of the deferred tax assets will not be realized. The weight given to the evidence is commensurate with the extent to which it can be objectively verified. As of December 31, 2022, based on our assessment of the realizability of our deferred tax assets, we put partial valuation allowance
for certain federal assets, whose future realization is not more likely than not and continue to maintain full valuation allowance for state and certain foreign deferred tax assets in the United States and Canada.
As of December 31, 2022, the net operating loss carryforwards for federal and state income tax purposes were approximately $12.0 million and $53.0 million, respectively. The state net operating losses begin to expire in 2029. The federal net operating losses for tax years after 2017 can be carried forward indefinitely. We have no net operating loss carryforward from foreign jurisdictions. As of December 31, 2022, we had federal and state tax credit carryforwards of approximately $3.2 million and $2.5 million, respectively, available to offset future tax liabilities. The federal credit carryforwards will expire between 2023 and 2039 and the California tax credits will carryforward indefinitely. In addition, as of December 31, 2022, we have Canadian research and development credit carryforwards of $1.8 million, which will expire at various dates through 2040. These operating losses and credit carryforwards have not been reviewed by the relevant tax authorities and could be subject to adjustment upon examinations.
Section 382 of the Internal Revenue Code (“IRC Section 382”) imposes limitations on a corporation’s ability to utilize its net operating losses and credit carryforwards if it experiences an “ownership change” as defined by IRC Section 382. Utilization of a portion of our federal net operating loss carryforward was limited in accordance with IRC Section 382, due to an ownership change that occurred during 1999. This limitation has fully lapsed as of December 31, 2010. As of December 31, 2022, we conducted an IRC Section 382 analysis with respect to our net operating loss and credit carryforwards and determined there was no limitation. There can be no assurance that future issuances of our securities will not trigger limitations under IRC Section 382 which could limit utilization of these tax attributes.
The reconciliation of federal statutory income tax rate to our effective tax rate was as follows (in thousands):
Years Ended
December 31,
20222021
Federal statutory rate21.0 %21.0 %
Foreign withholding0.3 %0.4 %
Stock-based compensation expense0.3 %0.6 %
Foreign rate differential(2.3)%(7.9)%
Prior year true-up items(0.9)%0.1 %
Tax reserves5.3 %(2.3)%
Loss on expiration of capital loss carryover— %— %
FTC1.4 %— %
Other0.7 %2.7 %
FTC conversion true up— %(11.1)%
2017 Tax Act impact— %— %
State taxes, net of federal benefit0.2 %— %
Global intangible low-taxed income6.4 %9.7 %
Nondeductible officers compensation1.1 %— %
Irish corporation restructure— %— %
Valuation allowance(47.2)%14.6 %
Effective tax rate(13.7)%27.8 %
The undistributed earnings of our foreign subsidiaries are considered to be indefinitely reinvested and accordingly, no provision for applicable income taxes has been provided thereon. Upon distribution of those earnings, we are subject to withholding taxes payable to various foreign countries. As of December 31, 2022, any foreign withholding taxes on the undistributed earnings of our foreign subsidiaries were immaterial.
We maintain liabilities for uncertain tax positions. These liabilities involve considerable judgment and estimation and are continuously monitored by management based on the best information available, including changes in tax regulations, the outcome of relevant court cases, and other information. A reconciliation of the beginning and ending amount of gross unrecognized tax benefits is as follows (in thousands):
Years Ended
December 31,
20222021
Balance at beginning of year7,569 4,525 
Gross increases for tax positions of prior years(2,170)1 
Gross decreases for federal tax rate change for tax positions of prior years647 — 
Gross increases for tax positions of current year1,146 3,296 
Settlements— — 
Lapse of statute of limitations(99)(253)
Balance at end of year7,093 7,569 
The unrecognized tax benefits relate primarily to federal and state research and development credits, intercompany profit on the transfer of certain IP rights to one of our foreign subsidiaries as part of our tax reorganization completed in 2015 and withholding tax reserve. Based on our assessment of the developments in the Samsung case (South Korea withholding taxes) in October of 2021, we provided for an additional income tax expense of $0.3 million in 2022. We also settled $1.4 million previously accrued Samsung case liability in 2022.
We account for interest and penalties related to uncertain tax positions as a component of income tax expense. As of December 31, 2021, we accrued $0.1 million interest or penalties related to uncertain tax positions. As of December 31, 2022, the total amount of unrecognized tax benefits that would affect our effective tax rate, if recognized, was $0.
Because we have net operating loss and credit carryforwards, there are open statutes of limitations in which federal, state and foreign taxing authorities may examine our tax returns for all years from 2008 through the current period.