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INCOME TAXES
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
Income Tax Provision

The domestic and foreign components of net income before provision for income taxes is as follows:
Year ended December 31,
20222021
Domestic$4,301 $150 
Foreign5,159 4,194 
Income before provision for income taxes$9,460 $4,344 
The components of the provision for (benefit from) income taxes are as follows:
Year ended December 31,
20222021
Current tax provision (benefit):
U.S. Federal$— $— 
State and local58 
Foreign2,506 1,462 
Total current provision for (benefit from) income taxes2,564 1,467 
Deferred tax provision (benefit):
U.S. Federal— — 
State and local— — 
Foreign(233)(350)
Total deferred benefit from income taxes(233)(350)
Total provision for provision for income taxes$2,331 $1,117 

Tax Rate Reconciliation

The effective tax rates for the years ended December 31, 2022 and 2021 were 24.6% and 25.7%, respectively. The change in effective tax rate in 2022 is primarily related to the mix of income and losses in different jurisdictions taxed at different rates, as well as changes in valuations allowances in the U.S. and in our foreign subsidiaries. The change in the effective tax rate in 2021 is primarily related to the reduction and effective lapsing of statutes for certain historic foreign uncertain tax positions and mix of income and losses in different jurisdictions taxed at different rates, as well as changes in valuations allowances in the U.S. and in our foreign subsidiaries.

The following is a reconciliation of the effective tax rate for the years ended December 31, 2022 and 2021 to the U.S. federal statutory rate of 21%:
Year ended December 31,
20222021
Provision at federal statutory rates$1,986 $912 
State income taxes, net of federal benefit478 144 
Change in valuation allowance1,426 (3,893)
Taxes related to foreign income1,763 1,256 
Non-deductible expenses36 105 
Other federal deferred tax adjustments68 791 
Other state deferred tax adjustments(3,444)2,362 
Uncertain tax positions18 (560)
Provision for income taxes$2,331 $1,117 
    
Deferred Taxes Assets (Liabilities)

Deferred income taxes are provided for the tax effect of temporary differences between the financial reporting basis and the tax basis of assets and liabilities. Net deferred tax assets have been reported as non-current in the accompanying Consolidated Balance Sheets. Significant temporary differences at December 31, 2022 and 2021 are as follows:
As of December 31,
20222021
Deferred tax assets (liabilities):
Allowance for doubtful accounts$58 $96 
Property and equipment(163)(169)
Goodwill and intangibles527 (113)
Accrued compensation2,768 2,612 
Accrued liabilities and other230 109 
Loss carryforwards183,407 182,784 
Deferred tax assets before valuation allowance186,827 185,319 
Valuation allowance(185,352)(183,974)
Deferred tax assets, net of valuation allowance$1,475 $1,345 

As a result of the enactment of the Tax Act, the Company has provided tax on GILTI, and therefore, future repatriations of previously unremitted foreign earnings are expected to either be exempt from U.S. taxation or offset by net operating losses (“NOLs”). The Company has not provided any withholding tax with respect to unremitted foreign earnings at December 31, 2022 and December 31, 2021.

Net Operating Losses (“NOLs”), Capital Losses, and Valuation Allowance

At December 31, 2022, the Company had losses for U.S. federal and state tax purposes of approximately $681,403 in total, made up of net U.S. federal and state NOLs incurred through December 31, 2022 of $302,740 and U.S. federal and state capital losses of $378,663 as a result of the sale of all of our RTM businesses in three separate transactions, which was completed on March 31, 2018. The NOLs include approximately $13,144 of tax losses that were not absorbed by Monster Worldwide, Inc. (“Monster”) on its consolidated U.S. federal tax returns through the spin-off of the Company on April 1, 2003. U.S. federal and state NOLs through December 31, 2017 expire at various dates through 2037 with $57,316 projected to expire during 2023. U.S. federal and state NOLs incurred in or after 2018 have an indefinite carryforward period, which can be offset by 80% of future taxable income in any given year. U.S. federal and state capital losses of $378,663 incurred in 2018 will expire during 2023, as these losses have a five-year carryforward period.

The Company’s utilization of U.S. NOLs is subject to an annual limitation imposed by Section 382 of the Internal Revenue Code (“IRC”), which may limit our ability to utilize all the existing NOLs before the expiration dates. Based upon IRC Section 382 studies prepared by the Company, Section 382 ownership changes have occurred that will result in $224,124 of the Company’s federal and state NOLs generated through September 2006 and recognized built-in losses during the five- year period after September 2006 being subject to IRC Section 382 limitations. As a result of IRC Section 382 limitations, $27,848 of the $224,124 NOLs that are limited are expected to expire prior to utilization specifically as a result of the IRC Section 382 cumulative annual limitations. Accordingly, the U.S. federal and state NOLs of $302,740, as indicated above, excluded the $27,848 of tax losses expected to expire prior to utilization due to IRC Section 382 cumulative annual limitations and the deferred tax asset for loss carryforwards of $180,892 also excluded $7,596 of related tax benefits.

As of December 31, 2022, certain international subsidiaries had NOLs for local tax purposes of $11,119. With the exception of $4,713 of NOLs with an indefinite carry forward period as of December 31, 2022, these losses will expire at various dates through 2025 to 2040, with $0 scheduled to expire during 2023. The deferred tax recognized for NOLs are presented net of unrecognized tax benefits, where applicable.
ASC 740-10-30-5 requires that a valuation allowance be established when it is more likely than not that all or a portion of a deferred tax asset will not be realized. In making this assessment, management considers the level of historical taxable income, scheduled reversals of deferred tax liabilities, tax planning strategies, and projected future taxable income. As of December 31, 2022, $183,379 of the valuation allowance relates to the deferred tax asset was comprised of NOLs for U.S. capital losses of $98,314, U.S. federal and state NOLs of $82,578, and foreign NOLs of $2,487, that management has determined will more likely than not expire prior to realization. The remaining valuation allowance of $1,973 relates to deferred tax assets on U.S. and foreign temporary differences that management estimates will not be realized due to the Company’s U.S. and foreign tax losses.
Uncertain Tax Positions
A reconciliation of the beginning and ending amount of unrecognized tax benefits, excluding interest and penalties is as follows:
20222021
Balance, beginning of year$360 $669 
Additions for tax positions of current years— — 
Additions for tax positions of prior years— — 
Reductions for tax positions of prior years— (309)
Expiration of applicable statutes of limitations— — 
Balance, end of year$360 $360 
The total amount of state and local and foreign unrecognized tax benefits that, if recognized, would affect the effective tax rate was $360 as of December 31, 2022 and December 31, 2021, exclusive of interest and penalties .
The Company recognizes accrued interest and penalties related to unrecognized tax benefits as part of the provision for income taxes. As of December 31, 2022 and December 31, 2021, the Company had $129 and $110, respectively, of accrued interest and penalties associated with unrecognized tax benefits.
During 2021, the Canada Tax Authority concluded its investigations into the prior year tax positions and issued its final assessment for Canadian interest and penalties of $42. The remaining ASC 740 reserve for Canada tax, interest and penalties of approximately $560 was released as a tax benefit in the third quarter of 2021.
Based on information available as of December 31, 2022, it is reasonably possible that the total amount of unrecognized tax benefits will decrease by $408 over the next 12 months as a result of projected resolutions of global tax examinations and controversies and potential lapses of the applicable statutes of limitations.
In many cases, the Company’s unrecognized tax benefits are related to tax years that remain subject to examination by the relevant tax authorities. Tax years with NOLs remain open until such losses expire or the statutes of limitations for those years when the NOLs are used or expire. As of December 31, 2022, the Company’s open tax years which remain subject to examination by the relevant tax authorities, are between 2014 and 2022, depending on the jurisdiction.
Year
The Company believes that its unrecognized tax benefits as of December 31, 2022 are appropriately recorded for all years subject to examination above.