Income Taxes

12 Months Ended

Dec. 31, 2022

Income Tax Disclosure [Abstract]

Income Taxes

Income Taxes The provision for income taxes for the years ended December 31, 2022 and 2021, respectively, consisted of:

	Year Ended December 31,
	2022		2021
	(in thousands)
Current
Federal	$	6,291	$	4,504
State	863		1,068
	7,154		5,572
Deferred
Federal	(502)		(576)
State	24		93
	(478)		(483)
Provision for income taxes	$	6,676	$	5,089

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 amount used for federal and state income tax purposes.

The Company’s deferred tax assets (liabilities), calculated using effective tax rates is as follows:

	December 31, 2022		December 31, 2021
	(in thousands)
Deferred tax assets:
State taxes	$	252	$	257
Reserves	825		537
Accruals & deferred expenses	66		188
Tenant improvement allowance	—		1,216
R&D credit	43		44
Inventory	1,042		1,196
Government grant	343		311
Stock based compensation	573		267
Capitalized research and development costs	1,043		—
Operating lease liabilities	8,452		—
Total deferred tax assets	12,639		4,016
Deferred tax liabilities:
Fixed assets – depreciation	(10,350)		(9,518)
Investment in Global Wells Investment Group	(172)		(132)
Operating ROU asset	(7,273)		—
Total deferred tax liabilities	(17,795)		(9,650)
Net deferred tax liability	$	(5,156)	$	(5,634)

Reconciliation of income taxes are as follows from statutory rate of 21% to the effective tax rate for the years ended December 31, 2022 and 2021, respectively:

	December 31, 2022		December 31, 2021
	(in thousands)
Income tax computed at the federal statutory rate	$	6,828	$	5,780
State taxes, net of federal tax benefits	1,101		1,055
Noncontrolling Interest - Income not subject to tax	(460)		(349)
Government forgiveness of debt	—		(1,050)
Permanent items	31		201
Excess tax benefit from stock based compensation	(89)		(237)
Research and development credit	(455)		(239)
Other	(280)		(72)
Provision for income taxes	$	6,676	$	5,089

The Company may be audited by the Internal Revenue Service and various state tax authorities. Disputes may arise with these tax authorities involving issues of the timing and amount of deductions and allocations of income and expenses among various tax jurisdictions because of differing interpretations of tax laws and regulations. The Company evaluates its exposures associated with the tax filing positions and, while it believes its positions comply with applicable laws, may record liabilities based upon estimates of the ultimate outcome of these matters and the guidance provided in ASC 740.

The Company remains subject to IRS examination for the 2016 through 2021 tax years, and has received notice in February 2019 that it is under examination for years 2016 and 2017. Additionally, the Company files multiple state and local income tax returns and remains subject to examination in various of these jurisdictions for the 2018 through 2021 tax years. As of December 31, 2022, the Company does not have any unrecognized tax benefit.

ASC 740, Income Taxes, provides for the recognition of deferred tax assets if realization of these assets is more-likely-than-not. In evaluating the Company’s ability to recover its deferred tax assets, the Company considers all available positive and negative evidence, including its operating results, ongoing tax planning and forecasts of future taxable income on a jurisdiction-by-jurisdiction basis. Based upon the level of historical taxable income, at this time, the Company determined that sufficient positive evidence existed to conclude that it is more likely than not there will be full utilization of the deferred tax assets in each jurisdiction. As such, as of December 31, 2022, based on the available evidence, the Company did not record any valuation allowance.

The Taxpayer Certainty and Disaster Relief Act of 2020 (the "TCJA"), enacted on December 27, 2020, added a temporary exception to the 50% limit on the amount that businesses may deduct for food or beverages. Beginning January 1, 2021, through December 31, 2022, the temporary exception allows a 100% deduction for food or beverages from restaurants. The Company evaluated the impacts and incorporated such impacts into its income tax provision.

As of January 1, 2022, pursuant to the TCJA, research and experimental expenditures incurred in the current period are required to be capitalized and amortized over five or fifteen years, depending on where the research is conducted. The Company has incorporated such impacts into its provision for income taxes for the year ended December 31, 2022.

In August 2022, the Inflation Reduction Act of 2022 (the "Act") was signed into law. The Act, among other things, imposes a nondeductible 1% excise tax on the fair market value of certain stock that is "repurchased" during the taxable year by publicly traded U.S. corporations or acquired by certain of its subsidiaries. The taxable amount is reduced by the fair market value of certain issuances of stock throughout the year. The Act also imposes a 15% corporate minimum tax on the adjusted financial statement income of large corporations for taxable years beginning after December 31, 2022. We do not expect these tax law changes to have a material impact on our consolidated financial statements; however, we will continue to evaluate their impact.