Annual report pursuant to Section 13 and 15(d)

INCOME TAXES (Tables)

v3.23.1
INCOME TAXES (Tables)
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Schedule of Components of Income Tax Expense (Benefit)
Details of the Company’s income tax expense are as follows:
Year Ended December 31,
2022 2021 2020
Current tax expense:
   Federal $ 26,738  $ 25,501  $ 9,728 
   State 7,783  9,234  4,452 
$ 34,521  $ 34,735  $ 14,180 
Deferred tax benefit:
   Federal $ (17,780) $ (5,477) $ (2,650)
   State (8,332) (1,724) (962)
   Foreign (5,969) (3,874) (3,307)
$ (32,081) $ (11,075) $ (6,919)
Change in valuation allowance 6,008  5,965  3,362 
Total income tax expense $ 8,448  $ 29,625  $ 10,623 
Schedule of Income (Loss), Income Tax (Expense), and Effective Tax Rate
The differences between the income tax expense and the expected income taxes based on the statutory tax rate applied to pre-tax earnings (loss) are as follows:
Year Ended December 31,
2022 2021 2020
Loss (income) before income taxes $ (193,876) $ 47,104  (201,892)
Statutory tax rate 21.00  % 21.00  % 21.00  %
Tax benefit based on statutory rates $ (40,714) $ 9,892  $ (42,397)
Difference in tax rates 2,500  16,753  (53,432)
Gain on fair value of derivative (44,106) (50,482) 83,498 
IRC Section 280E disallowed expenses 43,272  12,520  3,961 
Share-based compensation 10,509  2,361  2,099 
Interest expense and debt costs 13,718  3,616  1,549 
Change in valuation allowance 6,008  5,965  3,362 
State taxes, net 1,698  1,249  1,477 
Change in uncertain tax positions 8,618  26,823  11,857 
Change in state tax rates (2,557) —  — 
Impairment expense 8,289  —  — 
Bargain purchase gain —  —  (2,131)
Other differences 1,213  928  780 
Total income tax expense $ 8,448  $ 29,625  $ 10,623 
Effective tax rate (4.4) % 62.9  % (5.3) %
Schedule of Deferred Tax Assets and Liabilities
Year-end deferred tax assets and liabilities were due to the following:
Year Ended December 31,
2022 2021
Deferred tax assets:
   Lease liability $ 24,328  $ 26,261 
   Net operating losses 16,819  7,941 
   Financing fees 1,487  2,289 
   Start-up costs 661  820 
Inventory 1,555  — 
Property and equipment —  957 
Other deferred tax assets 619  1,295 
Valuation allowance (17,397) (11,389)
$ 28,072  $ 28,174 
Deferred tax liabilities:
Right-of-use assets $ (21,865) $ (24,406)
Intangible assets (5,235) (20,851)
Property and equipment (693) — 
Other deferred tax liabilities (80) (978)
$ (27,873) (46,235)
Net deferred tax asset (liabilities) (1)
$ 199  $ (18,061)
(1) Net deferred tax assets are included in other non-current assets while net deferred tax liabilities are included in non-current income tax liabilities in the consolidated balance sheets.
Reconciliation of Unrecognized Tax Benefits
A reconciliation of the beginning and ending amount of unrecognized tax benefits (exclusive of interest and penalties) are as follows:
Balance at January 1, 2021
$ 21,135 
Additions based on tax positions related to the current year 20,368 
Balance at December 31, 2021
$ 41,503 
Reductions based on lapse of statute of limitations (552)
Additions based on tax positions related to the current year 1,452 
Reductions based on tax positions related of the prior year (127)
Additions for tax positions of prior years recorded to goodwill 5,982 
Balance at December 31, 2022 $ 48,258