Axos Financial, Inc.

15. INCOME TAXES

The provision for income taxes is as follows:

1 There was no foreign income before income taxes or foreign income taxes for the fiscal years ended June 30, 2026, 2025 and 2024.

The differences between the statutory federal income tax rates and amounts and the effective tax rates are summarized as follows:

1 State and local jurisdictions that make up the majority (greater than 50 percent) of the tax effect in this category include California, New York State, and New York City for 2026, 2025, and 2024.

The components of the net deferred tax asset are as follows:

1 Net deferred tax asset, net of valuation allowance, is included in “Other Assets” in the Consolidated Balance Sheets, and net deferred tax liability is included in "Accounts payable and other liabilities" in the Consolidated Balance Sheets.

In June 2025, the State of California adopted its fiscal year 2026 budget, which, among other things, changed the way financial institutions’ multi-state income is apportioned to the State of California. The change, which now requires the use of a single sales factor versus the previously required three-factor apportionment formula, required the Company to remeasure its California deferred tax asset and resulted in revaluation of $5.5 million recognized in the fiscal year ended June 30, 2025.

On July 4, 2025, President Trump signed into law the legislation formally titled “An Act to Provide for Reconciliation Pursuant to Title II of H. Con. Res. 14” and commonly referred to as the One Big Beautiful Bill (“the Act”). The Company is currently evaluating income tax implications of the Act. The Company does not expect the Act to have a material impact on the Company’s financial statements.

The Company records a deferred tax asset for net operating losses when the benefit is more likely than not to be realized. As of June 30, 2026, the Company had a federal net operating loss carryforward of approximately $3.5 million, all of which is subject to an annual Section 382 limitation of $0.1 million. The federal net operating loss carryforward begins to expire in 2034.

The Company has state net operating loss carryforwards of $2.7 million. Of this amount, only $0.7 million is subject to an annual Section 382 limitation of $0.1 million. The state net operating loss carryforwards begin to expire in 2035.

The Company establishes a valuation allowance if, based on the weight of available evidence, it is more likely than not that some portion of the deferred tax assets will not be realized. As of June 30, 2026, relating to a $1.4 million state net operating loss, the Company recognized a valuation allowance of $0.1 million. As of June 30, 2026 and 2025, the Company forecasts sufficient future consolidated earnings to realize its remaining deferred tax asset and has not provided for an additional allowance.

The reconciliation of the gross beginning and ending amount of unrecognized tax positions are as follows:

As of June 30, 2026 and 2025, unrecognized tax benefits totaled $97.4 million and $19.6 million, respectively, that, if recognized, would favorably impact the effective tax rate. The Company accounts for interest and penalties related to income tax liabilities as a component of income tax expense. During the fiscal years ended June 30, 2026 and 2025, the Company recognized an expense of $0.1 million and an expense of $0.1 million, respectively, in interest and penalties. The Company had approximately $0.7 million and $0.6 million for the payment of interest and penalties accrued at June 30, 2026, and 2025, respectively. The Company will occasionally file amended returns to capture additional tax refunds. Amended returns were filed to preserve claims for refund. Due to the uncertainty involved in this claim, management recognized a 100% reserve against it during the fiscal years ended June 30, 2025 and 2026.

The following table presents income taxes paid (net of refunds received) by jurisdiction:

1 The amount of income taxes paid, net of refunds received, during the year does not meet the five percent disaggregation threshold, and the applicable amount is included in this line for disclosure purposes.

The Company is subject to federal income tax and income tax of state taxing authorities. The Company’s federal income tax returns for the fiscal years ended June 30, 2025, 2024 and 2023 and its state taxing authorities income tax returns for the fiscal years ended June 30, 2025, 2024, 2023 and 2022 are open to audit under the statutes of limitations by the Internal Revenue Service and state taxing authorities.