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Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

Note 14. Income Taxes

 

U.S and foreign components of consolidated loss before income taxes for the years ended December 31, 2020, 2019 and 2018, was as follows (in thousands):

 

 

 

2020

 

 

2019

 

 

2018

 

Loss before income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

U.S.

 

$

(61,246

)

 

$

(71,946

)

 

$

(58,048

)

Foreign

 

 

1,673

 

 

 

965

 

 

 

713

 

Loss before income taxes

 

$

(59,573

)

 

$

(70,981

)

 

$

(57,335

)

 

 

The provision for income taxes for the years ended December 31, 2020, 2019 and 2018, was as follows (in thousands):

 

 

2020

 

 

2019

 

 

2018

 

Provision for income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Foreign

 

$

274

 

 

$

255

 

 

$

225

 

Federal

 

 

 

 

 

 

 

 

 

State

 

 

 

 

 

2

 

 

 

 

Total current

 

 

274

 

 

 

257

 

 

 

225

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Foreign

 

 

 

 

 

 

 

 

 

Federal

 

 

6

 

 

 

4

 

 

 

3

 

State

 

 

4

 

 

 

2

 

 

 

1

 

Total deferred

 

 

10

 

 

 

6

 

 

 

4

 

Provision for income taxes

 

$

284

 

 

$

263

 

 

$

229

 

 

 

 

The difference between the provision for income taxes and the amount computed by applying the federal statutory income tax rate to loss before taxes for the years ended December 31, 2020, 2019 and 2018, was as follows (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2020

 

 

2019

 

 

2018

 

Federal statutory tax

 

$

(12,510

)

 

$

(14,906

)

 

$

(12,040

)

Federal research credits

 

 

(1,630

)

 

 

(1,857

)

 

 

(1,390

)

State research credits

 

 

(749

)

 

 

(821

)

 

 

(655

)

Expiration of federal carryovers

 

 

9,200

 

 

 

5,472

 

 

 

4,154

 

Expiration of state carryovers

 

 

 

 

 

 

 

 

1,344

 

Change in valuation allowance

 

 

6,738

 

 

 

13,059

 

 

 

9,913

 

Compensation related items

 

 

978

 

 

 

158

 

 

 

(361

)

State taxes

 

 

(1,921

)

 

 

(1,111

)

 

 

(1,141

)

Other

 

 

178

 

 

 

269

 

 

 

405

 

Provision for income taxes

 

$

284

 

 

$

263

 

 

$

229

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 at the enacted rates. The significant components of the Company’s deferred tax assets and liabilities at December 31, 2020, 2019 and 2018, were as follows (in thousands):

 

 

December 31,

 

 

 

2020

 

 

 

 

2019

 

Deferred tax assets:

 

 

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

141,176

 

 

 

 

$

135,536

 

Research and development credit carryforwards

 

 

28,892

 

 

 

 

 

28,291

 

Capitalized research and development

 

 

10,756

 

 

 

 

 

12,832

 

Compensation related items

 

 

10,957

 

 

 

 

 

9,843

 

Operating leases

 

 

4,214

 

 

 

 

 

4,374

 

Other

 

 

6,051

 

 

 

 

 

4,547

 

Total deferred tax assets

 

 

202,046

 

 

 

 

 

195,423

 

Valuation allowance

 

 

(199,042

)

 

 

 

 

(192,304

)

Net deferred tax assets

 

$

3,004

 

 

 

 

$

3,119

 

 

 

 

 

 

 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

 

 

Right-of-use assets

 

$

2,892

 

 

 

 

$

3,017

 

Amortization of goodwill

 

 

163

 

 

 

 

 

143

 

Total deferred tax liabilities

 

$

3,055

 

 

 

 

$

3,160

 

 

The valuation allowance increased by $6.7 million for the year ended December 31, 2020, compared to the increase of $13.1 million and $9.9 million for the years ended December 31, 2019 and 2018, respectively. The Company believes that, based on a number of factors, the available objective evidence creates sufficient uncertainty regarding the realizability of the deferred tax assets such that a valuation allowance has been recorded. These factors include the Company’s history of net losses since its inception, the need for regulatory approval of the Company’s products prior to commercialization and expected near-term future losses. The Company expects to maintain a valuation allowance until circumstances change.

For the year ended December 31, 2020, the Company reported pretax net losses on its consolidated statement of operations and calculated taxable losses for both federal and state taxes. The difference between reported net loss and taxable loss are due to differences between book accounting and the respective tax laws.


 

 

The Company's tax losses and credits are subject to varying carryforward periods. The gross amounts and dates of expiration of the significant carryforwards are as follows:

 

 

 

 

 

 

Expires

 

 

Expires

 

 

Expires

 

 

No

 

 

 

Total

 

 

2021-2023

 

 

2024-2030

 

 

2031-2040

 

 

Expiration

 

Federal losses carryovers

 

$

638,103

 

 

$

55,587

 

 

$

190,581

 

 

$

209,368

 

 

$

182,567

 

California loss carryovers

 

 

75,407

 

 

 

 

 

 

28,779

 

 

 

46,628

 

 

 

 

Federal research credits

 

 

19,249

 

 

 

7,786

 

 

 

2,248

 

 

 

9,215

 

 

 

 

California research credits

 

 

12,207

 

 

 

 

 

 

 

 

 

 

 

 

12,207

 

Federal foreign tax credits

 

 

610

 

 

 

 

 

 

610

 

 

 

 

 

 

 

 

The Company’s ability to utilize net operating loss and research and development credit carryforwards is limited by (a) its ability to generate future taxable income, (b) varying apportionment and allocation rules, and (c) limitations pursuant to the ownership change rules in accordance with Section 382 of the Internal Revenue Code of 1986 and with Section 383 of the Internal Revenue Code of 1986, as well as similar state provisions.

The Company’s unrecognized tax benefits relate to federal and California research tax credits. These tax credits have not been utilized on any tax return and currently have no impact on the Company’s tax expense due to the Company’s operating losses and the related valuation allowances.

The following is a tabular reconciliation of the total amounts of unrecognized tax benefits (in thousands):

 

 

December 31,

 

 

December 31,

 

 

 

2020

 

 

2019

 

Unrecognized tax benefits at beginning of period

 

$

10,842

 

 

$

11,063

 

Decreases related to expired carryforwards

 

 

(1,171

)

 

 

(729

)

Increases related to current year tax positions

 

 

439

 

 

 

508

 

Unrecognized tax benefits at end of period

 

$

10,110

 

 

$

10,842

 

 

The Company will recognize accrued interest and penalties related to unrecognized tax benefits in its income tax expense. To date, the Company has not recognized any interest and penalties in its consolidated statements of operations, nor has it accrued for or made payments for interest and penalties.