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INCOME TAXES
 12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
The components of income before income taxes and equity in (losses) earnings are as follows:
 Year Ended December 31,
 202220212020
 (in thousands)
Domestic$20,796 $61,045 $18,012 
Foreign(11,767)(24,665)(12,463)
Total income before income taxes and equity in earnings
$9,029 $36,380 $5,549 
The provision for income taxes (before equity in (losses) earnings) consists of:
Year Ended December 31,
202220212020
(in thousands)
Current:
Federal$6,890 $10,361 $8,522 
State and local1,888 3,558 2,540 
Foreign775 823 665 
Deferred(3,825)1,799 (1,861)
Income tax provision
$5,728 $16,541 $9,866 
On March 27, 2020, H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into legislation which includes business tax provisions that impact taxes related to 2018, 2019 and 2020. Some of the significant tax law changes in accordance with the CARES Act are to increase the limitation on deductible business interest expense for 2019 and 2020, allow for the five-year carryback of net operating losses for 2018-2020, suspend the 80% limitation of taxable income for net operating loss carryforwards for 2018-2020, and accelerate the ability to claim refunds of Alternative Minimum Tax (“AMT”) credit carryforwards.
The CARES Act remedied certain aspects of the Tax Act such as accelerated depreciation recovery for assets defined as qualified improvement property and carryback of operating losses to fiscal tax years. The latter required carryback of Filament losses to pre-acquisition fiscal years ended March 31, 2017 and March 31, 2016, which resulted in a tax expense that exceeded the benefit received
from the various CARES Act provisions claimed by the Company. The Company received a tax refund of $2.3 million in the third quarter of 2020.
Under the Tax Cuts and Jobs Act of 2017, research and development costs are no longer fully deductible and are required to be capitalized and amortized for U.S. tax purposes effective January 1, 2022. The mandatory capitalization requirement increases our deferred tax assets and income tax payable.
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 amounts used for income tax purposes. Significant components of the Company’s deferred income tax assets and (liabilities) are as follows:
 December 31,
 20222021
 (in thousands)
Deferred income tax assets:
Operating lease liabilities$22,814 $26,158 
Stock options1,679 1,825 
Inventory3,134 2,612 
Operating loss carryforwards17,450 15,684 
Accounts receivable allowances1,906 1,696 
Accrued compensation1,137 1,310 
Deferred compensation721 1,167 
Environmental remediation accrual1,432 127 
Capitalized research and experimental expenditures2,525 — 
Other755 1,409 
Total deferred income tax assets$53,553 $51,988 
Deferred income tax liabilities:
Operating lease right-of-use assets$(18,872)$(21,857)
Fixed assets(1,735)(1,784)
Intangibles(26,230)(26,117)
Total deferred income tax liabilities(46,837)(49,758)
Net deferred income tax asset
6,716 2,230 
Valuation allowance(16,323)(15,072)
Net deferred income tax liability
$(9,607)$(12,842)
The Company has capital loss carryforwards of $6.8 million in foreign jurisdictions and $0.9 million in the U.S. federal jurisdiction at December 31, 2022 that are offset entirely by a valuation allowance.
The Company has net operating losses in foreign jurisdictions of $61.3 million and $12.1 million in state jurisdictions at December 31, 2022 that are offset entirely by a valuation allowance. The foreign net operating losses can be carried forward indefinitely. The state net operating losses begin to expire in 2026.
The provision for income taxes (before equity in (losses) earnings) differs from the amounts computed by applying the applicable federal statutory rates as follows:
 Year Ended December 31,
 202220212020
Federal income taxes at the statutory rate21.0 %21.0 %21.0 %
Increases (decreases):
State and local income taxes, net of Federal income tax benefit13.9 8.8 38.9 
Foreign rate differences6.9 (9.2)(49.8)
Foreign withholding tax6.1 1.2 5.9 
Impairment of goodwill — — 65.5 
Non-deductible expenses7.1 3.3 16.4 
Uncertain tax positions1.2 0.1 4.0 
Research and development credit(5.4)(1.1)(7.2)
Federal return to provision(3.4)(0.4)6.8 
Loss of Filament pre-acquisition attributes due to CARES Act— — 8.6 
 Equity-based compensation0.1 (0.6)19.4 
Valuation Allowance15.9 22.4 48.3 
Provision for income taxes63.4 %45.5 %177.8 %
The estimated values of the Company’s gross uncertain tax positions at December 31, 2022, 2021 and 2020 consist of the following:
Year Ended December 31,
202220212020
(in thousands)
Balance at January 1$(1,071)$(1,648)$(1,508)
Additions based on tax positions related to the current year(79)(49)(149)
Reductions for tax position of prior years20 626 9 
Balance at December 31$(1,130)$(1,071)$(1,648)
The Company had approximately $0.4 million, net of federal and state tax benefit, accrued at December 31, 2022 and 2021, for the payment of interest and penalties. The Company’s policy for recording interest and penalties is to record such items as a component of the provision for income taxes.
If the Company’s tax positions are ultimately sustained, the Company’s liability, including interest, would be reduced by $1.6 million, all of which would impact the Company’s tax provision. On a quarterly basis, the Company evaluates its tax positions and revises its estimates accordingly. The Company believes that it is reasonably possible that an immaterial amount of its tax positions will be resolved within the next 12 months.
The Company is no longer subject to U.S. Federal income tax examinations for the years prior to 2019, except for examination in tax year 2017 related to Transition Tax. The Company has identified the following jurisdictions as “major” tax jurisdictions: U.S. Federal, California, Massachusetts, New Jersey, New York, and the United Kingdom. At December 31, 2022, the periods subject to examination by the Company’s major state jurisdictions, except for New York State, are generally for the years ended 2018 through 2021. In certain jurisdictions, Filament may have additional periods subject to examination. The Company's New York State tax returns for years 2015-2019 closed during the first quarter of 2022, with an immaterial adjustment. As of December 31, 2022, there are no material assessments in any given year.