Note 15. Income Taxes

The income tax expense (benefit) primarily relates to the release of certain domestic valuation allowance due to acquired deferred tax liabilities that was a source of income to support recognition of certain existing deferred tax assets as well as the benefit related to certain foreign losses.

As of December 31, 2022, the Company had federal net operating loss carryforwards of $15.0 million that are subject to expire at various dates between 2033 and 2037, and net operating losses of $125.4 million, that have no expiration date and can be carried forward indefinitely but are limited in their usage to 80% of annual taxable income. As of December 31, 2022, the Company had state tax net operating loss carryforwards of $56.3 million, that are subject to expire at various dates between 2033 and 2041. At December 31, 2022, the Company had federal and state research and development tax credit carryforwards of $8.4 million and $5.1 million, respectively, which begin to expire in 2030.

As of December 31, 2022, the Company had foreign net operating loss carryforwards of $0.8 million, which have an unlimited carryforward period and do not expire.

The federal and state net operating loss and research and development credit carryforwards may be subject to a substantial annual limitation under Section 382 of the Internal Revenue Code of 1986, and similar state provisions, due to ownership change

limitations that have occurred previously or that could occur in the future. These ownership changes may limit the amount of net operating loss and research and development credit carryforwards that can be utilized annually to offset future taxable income and tax, respectively. As of December 31, 2022, the Company has not completed a 382 study to assess whether a change of ownership has occurred since its formation.

The Company conducted a study of its research and development credits which resulted in an adjustment and increase to its research and development credit carryforwards.

Uncertain tax positions represent tax positions for which income tax reserves have been established. The Company’s policy is to record interest and penalties related to uncertain tax positions as part of income tax expense. Reserves for uncertain tax positions as of December 31, 2022 are not material and would not impact the effective tax rate if recognized due to the valuation allowance maintained against the Company’s net deferred tax assets.

The Company files tax returns as prescribed by the tax laws of the jurisdictions in which it operates. In the normal course of business the Company is subject to examination by federal, state and foreign jurisdictions, where applicable. There are currently no pending income tax examinations. The Company is open to federal tax examination under statute from 2019 to present. The Company is open to tax examination in other jurisdictions from 2016 to present. Carryforward attributes from prior years may still be adjusted upon examination by federal, state and/or foreign tax authorities to the extent utilized in an open tax year or in future periods.

As of December 31, 2022, the Company has not provided for deferred income taxes on unremitted earnings of its foreign subsidiaries since these earnings are indefinitely reinvested. Upon distribution of such earnings in the form of dividends or otherwise, the Company could be subject to taxes. The Company’s foreign unremitted earnings is not material and, as such, any taxes attributable to such unremitted earnings would not be material.

The Company has evaluated the positive and negative evidence bearing upon the realizability of its deferred tax assets, which are primarily comprised of net operating losses and research and development credits. Management has determined that it is more likely than not that the Company will not recognize the benefits of its federal and state deferred tax assets and, as a result, a valuation allowance of $59.5 million has been established at December 31, 2022.