Income Taxes | Note 16. Income Taxes The components of our net loss before income tax (expense) benefit are as follows: Year Ended December 31, 2023 2022 2021 (in thousands) United States $ (43,177) $ (59,134) $ (81,801) International (804) (5,362) (10,216) Net loss before income tax (expense) benefit $ (43,981) $ (64,496) $ (92,017) As of December 31, 2023, a portion of our undistributed earnings from non-U.S. subsidiaries are intended to be indefinitely reinvested in non-U.S. operations, and therefore no U.S. deferred taxes have been recorded. As of December 31, 2023, there was no material unrecognized deferred tax liability related to countries where we are indefinitely reinvested. The remaining undistributed earnings from non-U.S. subsidiaries are not permanently reinvested, however, due to a combination of anticipated tax treatment and losses, no material deferred tax liability exists. The components of the provision for income taxes consists of the following: Year Ended December 31, 2023 2022 2021 (in thousands) Current: State $ 1,649 $ 1,539 $ 801 Foreign 1,647 1,258 1,174 Total current 3,296 2,797 1,975 Deferred: Federal (4,376) (9,034) (12,747) State (2,368) (2,743) (2,263) Foreign (256) (11,235) (3,436) Change in valuation allowance - United States 8,831 12,257 6,342 Change in valuation allowance - Foreign (3,488) 3,278 78 Total deferred (1,657) (7,477) (12,026) Income tax expense (benefit) $ 1,639 $ (4,680) $ (10,051) The Company’s deferred tax assets and liabilities, included in other non-current assets and other non-current liabilities on the consolidated balance sheets, related to temporary differences and operating loss carryforwards were as follows: December 31, 2023 2022 (in thousands) Deferred tax assets: Net operating losses $ 35,484 $ 44,545 163(j) interest limitation 27,143 23,363 Reserves and accrued expenses 8,175 7,258 Property and equipment depreciation 1,462 2,526 Stock-based compensation 3,193 3,753 Lease liability 5,837 7,053 Other 2,589 2,555 Total deferred tax assets 83,883 91,053 Less: valuation allowance (51,904) (47,756) Net deferred tax assets 31,979 43,297 Deferred tax liabilities: Intangible assets (29,263) (38,080) Property and equipment depreciation (1,288) (5,056) Capitalized expenses (4,678) (3,804) Operating lease right-of-use assets (3,963) (5,434) Other (364) (614) Total deferred tax liabilities (39,556) (52,988) Net deferred tax liabilities $ (7,577) $ (9,691) The Company had net operating loss and tax credit carryforwards as of the financial statement date as follows: Amount Expiration Years (in thousands) Net operating losses, federal (Post December 31, 2017) $ 23,028 Indefinite Net operating losses, federal (Pre January 1, 2018) $ 2,030 2033 - 2037 Net operating losses, state $ 7,481 Various Net operating losses, foreign $ 2,945 2035 - Indefinite Tax credits, federal $ 258 2037 Tax credits, foreign $ 254 Various Management has not considered future projections of income in this analysis due to the Company’s history of losses. The Company has determined that it is more likely than not that a portion of the deferred tax assets will not be realized and has recorded a valuation allowance of $51.9 million and $47.8 million as of December 31, 2023 and 2022, respectively, against the deferred tax assets. If the Company’s assumptions change and we determine that we will be able to realize these deferred tax assets, the tax benefits related to any reversal of the valuation allowance on deferred tax assets as of December 31, 2023, will be accounted for as follows: $51.5 million will be recognized as a reduction of income tax expense and $0.8 million will be recorded as an increase in equity. A reconciliation of our valuation allowance on deferred tax assets is as follows: Year Ended December 31, 2023 2022 (in thousands) Balance at beginning of period $ 47,756 $ 31,070 Additions to valuation allowance 5,342 15,648 Additions recorded in acquisition accounting 216 — Additions recorded as a decrease in equity 8 1,430 Reductions recorded as an increase in equity (1,418) (392) Balance at end of period $ 51,904 $ 47,756 The Company files income tax returns in the U.S. federal jurisdiction, Colorado, various other state jurisdictions, Canada, Jordan, the United Kingdom, Australia and New Zealand. The years open for audit vary depending on the tax jurisdiction. In the U.S., the Company's federal tax returns for the years before 2020 (year ended December 31, 2020) are no longer subject to audit. The net operating losses utilized during the open periods from select years prior to 2020 are subject to examination. The foreign jurisdictions statutes vary but are generally four years from assessment of the return. While management believes we have adequately provided for all tax positions, amounts asserted by taxing authorities could materially differ from our accrued positions as a result of uncertain and complex application of tax regulations. Additionally, the recognition and measurement of certain tax benefits includes estimates and judgment by management and inherently includes subjectivity. Accordingly, additional provision on federal, state and foreign tax-related matters could be recorded in the future as revised estimates are made or the underlying matters are settled or otherwise resolved. A reconciliation of the beginning and ending amounts of unrecognized tax benefits is as follows: Year Ended December 31, 2023 2022 (in thousands) Balance at beginning of period $ 364 $ 134 Gross additions based on tax positions related to the current year 167 230 Balance at end of period $ 531 $ 364 As of December 31, 2023 and 2022, unrecognized tax benefits o f $0.5 million and $0.4 million, respectively, were recorded in other long-term liabilities, which would impact the annual effective tax rate if recognized. The Company recognizes interest and penalties, if any, related to unrecognized tax positions in the provision for income taxes in the accompanying consolidated statements of operations and comprehensive loss. The Company does not expect a significant increase or decrease in unrecognized tax benefits over the next twelve months. The Company, through its foreign subsidiary Alnashmi Digital Marketing, LLC, provides exported technology services, the profits of which are exempt from income tax through December 31, 2025 according to the provisions of the article (9/A/4) of Regulation Number 106 of the 2016 Regulations. So long as the services are exported outside of Jordan, they originate in Jordan and there are no other services within the exported services, the qualifications are met. The approximate dollar value of tax expense related to the tax holiday was $0.2 million and $0.3 million as of December 31, 2023 and 2022, respectively. During the year ended December 31, 2023, we restructured the ownership of certain intellectual property, which resulted in an income tax benefit. The income tax benefit differs from the expected tax benefit computed by applying the U.S. federal statutory rate to income before taxes as a result of the following: Year Ended December 31, 2023 2022 2021 (in thousands, except percentages) Benefit at U.S. statutory rate $ (9,236) 21.00% $ (13,544) 21.00% $ (19,324) 21.00% Change in income tax resulting from: State income benefit, net of federal benefit (810) 1.84 (852) 1.32 (1,916) 2.08 Stock-based compensation 2,513 (5.71) 2,961 (4.59) 529 (0.57) Nondeductible compensation 876 (1.99) 163 (0.25) 2,788 (3.03) Nondeductible transaction costs 61 (0.14) — — 509 (0.55) Foreign rate differential 85 (0.19) (129) 0.20 (613) 0.67 Change in valuation allowance 5,342 (12.15) 15,648 (24.26) 6,420 (6.98) Intellectual property migration — — (8,805) 13.65 — — US taxation of foreign income 1,512 (3.44) — — — — Other 1,296 (2.95) (122) 0.19 1,556 (1.69) Income tax expense (benefit) $ 1,639 (3.73) % $ (4,680) 7.26 % $ (10,051) 10.93 % |