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Income Taxes
12 Months Ended
Dec. 31, 2023
Income Tax Disclosure [Abstract]  
Income Taxes
14.
INCOME TAXES

The tax provision includes estimated federal, state and foreign income taxes on the Company's pre-tax income. The tax provisions also may include discrete items, generally related to increases or decreases in tax reserves, tax provision vs. tax return differences and accrued interest for potential liabilities.

The reconciliation of the federal statutory rate on the income before income taxes to the effective income tax rate for the years ended December 31 is as follows:

 

 

 

2023

 

 

2022

 

 

2021

 

Statutory federal tax rate

 

 

21.0

%

 

 

21.0

%

 

 

21.0

%

State income taxes, net of federal income tax benefit

 

 

(0.6

)

 

 

(2.4

)

 

 

(4.2

)

Increase in valuation allowance

 

 

7.4

 

 

 

14.5

 

 

 

9.2

 

Permanent items

 

 

(8.5

)

 

 

(13.8

)

 

 

(17.9

)

Tax credits

 

 

(5.9

)

 

 

(9.9

)

 

 

(5.7

)

Provision vs. tax return differences

 

 

(1.9

)

 

 

2.1

 

 

 

(2.0

)

Foreign rate differential and deferred items

 

 

0.1

 

 

 

(0.2

)

 

 

 

Other

 

 

(0.6

)

 

 

0.1

 

 

 

(0.1

)

 

 

11.0

%

 

 

11.4

%

 

 

0.3

%

 

In 2023 and 2022, the Company utilized net operating loss carryforwards and tax credits to offset federal income expense. In 2021, the Company was in a taxable loss position which generated net operating loss carryforwards, primarily due to tax deductions on exercises of stock-based compensation of approximately $55,300,000.

For financial reporting purposes, income before income taxes for the years ended December 31 include the following components (in thousands):

 

 

 

2023

 

 

2022

 

 

2021

 

Domestic

 

$

59,528

 

 

$

29,157

 

 

$

56,620

 

Foreign

 

 

716

 

 

 

(470

)

 

 

185

 

 

 

$

60,244

 

 

$

28,687

 

 

$

56,805

 

 

Significant components of the provision (benefit) for income taxes for the years ended December 31 are as follows (in thousands):

 

 

 

2023

 

 

2022

 

 

2021

 

Current:

 

 

 

 

 

 

 

 

 

Federal

 

$

4,814

 

 

$

2,105

 

 

$

1

 

State

 

 

1,655

 

 

 

955

 

 

 

(14

)

Foreign

 

 

209

 

 

 

298

 

 

 

171

 

 

 

6,678

 

 

 

3,358

 

 

 

158

 

Deferred:

 

 

 

 

 

 

 

 

 

Foreign

 

 

(34

)

 

 

(97

)

 

 

18

 

 

 

(34

)

 

 

(97

)

 

 

18

 

 

$

6,644

 

 

$

3,261

 

 

$

176

 

 

Significant components of the Company’s deferred tax assets and liabilities as of December 31 were as follows (in thousands):

 

 

 

2023

 

 

2022

 

Deferred tax assets:

 

 

 

 

 

 

Research and development tax credit carryforwards

 

$

29,619

 

 

$

33,764

 

Stock-based compensation

 

 

5,709

 

 

 

3,940

 

Inventory reserves

 

 

3,363

 

 

 

2,303

 

Investment tax credit carryforwards

 

 

2,659

 

 

 

2,461

 

UNICAP

 

 

1,139

 

 

 

1,118

 

Vacation accrual

 

 

1,319

 

 

 

1,248

 

Lease liabilities

 

 

1,388

 

 

 

1,422

 

Capitalized research and development

 

 

22,621

 

 

 

12,142

 

Other

 

 

3,235

 

 

 

2,893

 

Total deferred tax assets

 

 

71,052

 

 

 

61,291

 

Less: Valuation allowance for deferred tax assets

 

 

(52,291

)

 

 

(47,413

)

Net deferred tax assets

 

 

18,761

 

 

 

13,878

 

Deferred tax liabilities:

 

 

 

 

 

 

Depreciation

 

 

(16,139

)

 

 

(11,396

)

ROU assets

 

 

(1,201

)

 

 

(1,362

)

Prepaid expenses

 

 

(1,048

)

 

 

(751

)

Other

 

 

(77

)

 

 

(89

)

Total deferred tax liabilities

 

 

(18,465

)

 

 

(13,598

)

Net deferred tax assets (liabilities)

 

$

296

 

 

$

280

 

 

As of December 31, 2023, the Company had a valuation allowance of approximately $52,291,000 against all net domestic deferred tax assets, for which realization cannot be considered more likely than not at this time. Management assesses the need for the valuation allowance on a quarterly basis. In assessing the need for a valuation allowance, the Company considers all positive and negative evidence, including scheduled reversals of deferred tax liabilities, projected future taxable income, tax planning strategies, and past financial performance. Despite recent positive operating results, the Company faces uncertainties in forecasting its operating results due to vendor supply and factory capacity constraints, certain process issues with the production of Advanced Products, and the unpredictability in certain markets, product transitions, new program introductions and adoption times of new technology offerings. This operating uncertainty also makes it difficult to predict the availability and utilization of tax benefits over the next several years. As a result, management has concluded,

as of December 31, 2023, it is more likely than not the Company’s net domestic deferred tax assets will not be realized, and a full valuation allowance against all net domestic deferred tax assets is still warranted as of December 31, 2023. The valuation allowance against these deferred tax assets may require adjustment in the future based on changes in the mix of temporary differences, changes in tax laws, and operating performance. If the positive operating results continue and the Company’s concerns about industry uncertainty and world events, supply and factory capacity constraints, program adoption and process issues with the production of Advanced Products are resolved, and the amount of tax benefits the Company is able to utilize to the point that the Company believes future taxable income can be more reliably forecasted, the Company may release all or a portion of the valuation allowance in the near-term. Certain state tax credits, though, will likely never be released by the valuation allowance. If and when the Company determines the valuation allowance should be released (i.e., reduced), the adjustment would result in a tax benefit reported in that period’s Consolidated Statements of Operations, the effect of which would be an increase in reported net income.

As of December 31, 2023, the Company had no federal net operating loss carryforwards available, and had state net operating losses of approximately $41,000, which will begin to expire in 2030. The Company has federal and state research and development tax credit carryforwards of $15,546,000 and $21,201,000, which will begin to expire in 2039 and 2024, respectively.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):

 

 

 

2023

 

 

2022

 

 

2021

 

Balance on January 1

 

$

3,474

 

 

$

3,246

 

 

$

2,297

 

Additions based on tax positions related to the current year

 

 

650

 

 

 

319

 

 

 

625

 

Additions (reductions) for tax positions of prior years

 

 

86

 

 

 

(54

)

 

 

393

 

Lapse of statute

 

 

(26

)

 

 

(37

)

 

 

(69

)

Balance on December 31

 

$

4,184

 

 

$

3,474

 

 

$

3,246

 

 

The Company has reviewed the tax positions taken, or to be taken, in its tax returns for all tax years currently open to examination by a taxing authority. The total amount of unrecognized tax benefits, that is the aggregate tax effect of differences between tax return positions and the benefits recognized in the Company’s financial statements, as of December 31, 2023, 2022, and 2021 of $4,184,000, $3,474,000, and $3,246,000, respectively, if recognized, may decrease the Company’s income tax provision and effective tax rate. None of the unrecognized tax benefits as of December 31, 2023 are expected to significantly change during the next twelve months.

The Company recognizes accrued interest and penalties, if any, related to unrecognized tax benefits as a component of income tax expense. During the years ended December 31, 2023, 2022, and 2021, the Company recognized approximately $23,000, $17,000, and $19,000, respectively, in net interest expense. As of December 31, 2023 and 2022, the Company had accrued approximately $67,000 and $52,000, respectively, for the potential payment of interest.

The Company files income tax returns in the United States and various foreign tax jurisdictions. These tax returns are generally open to examination by the relevant tax authorities from three to seven years from the date they are filed. The tax filings relating to the Company’s federal and state taxes are currently open to examination for tax years 2019 through 2022 and 2015 through 2022, respectively. In addition, the Company generated federal research and development credits in tax years 2005 through 2018. These years may also be subject to examination when the credits are carried forward and utilized in future years.

The Company was informed in September 2021 by the Internal Revenue Service of their intention to examine the Company’s 2019 Federal income tax return. The IRS is in the process of closing the examination of the 2019 tax year with no material adjustments. There are no other audits or examinations in process in any other jurisdiction.