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Income Taxes
12 Months Ended
Dec. 31, 2022
Income Taxes  
Income Taxes

Note 14 - Income Taxes

Income (loss) before provision (benefit) for income taxes included the following components for the years ended December 31 (in thousands):

    

2022

    

2021

    

2020

United States

$

191,631

$

(146,995)

$

(11,529)

Foreign

4,887

5,620

5,238

Total

$

196,518

$

(141,375)

$

(6,291)

Significant components of the provision (benefit) for income taxes were as follows for the years ended December 31 (in thousands):

    

2022

    

2021

    

2020

Current:

Federal

$

10,804

$

(331)

$

5,277

State

10,118

85

3,886

Foreign

2,892

(60)

1,943

Total current

23,814

 

(306)

 

11,106

Deferred:

Federal

26,238

 

(65,557)

 

(10,175)

State

(2,002)

 

(15,266)

 

(3,111)

Foreign

(2,146)

 

478

 

(3,131)

Total deferred

22,090

 

(80,345)

 

(16,417)

Tax impact of unrecorded tax benefits liability

3,475

 

(706)

 

744

Provision for income taxes (Income tax benefit)

$

49,379

 

$

(81,357)

 

$

(4,567)

A reconciliation of our effective income tax rate to the federal statutory rate follows for the years ended December 31 (in thousands):

    

2022

    

2021

    

2020

Federal income tax at the statutory rate

$

41,283

$

(29,691)

$

(1,321)

 

State income taxes, net of federal benefit

7,928

(12,717)

935

 

Difference between statutory and foreign tax rates

(428)

(155)

(86)

Other permanent differences (1)

1,771

1,842

794

 

Foreign derived intangible income deduction

(2,597)

(902)

Executive compensation limitation

5,784

 

180,509

15,463

R&D credits

(13,340)

 

(34,376)

 

(10,246)

Return to provision adjustment

(757)

 

204

 

(1,078)

Change in liability for unrecognized tax benefits

3,215

 

10,188

 

987

Excess stock-based compensation benefit

(4,616)

 

(205,483)

 

(9,002)

Change in valuation allowance

10,216

 

8,961

 

163

Tax effects of intercompany transactions

(417)

 

96

 

(389)

Other

1,337

 

(735)

 

115

Provision for income taxes (Income tax benefit)

$

49,379

$

(81,357)

$

(4,567)

Effective tax rate

25.1

%

 

57.5

%

 

72.6

%

(1)Other permanent differences include certain expenses that are not deductible for tax purposes including meals and entertainment, lobbying fees, and taxable income as a result of global intangible low-tax income ("GILTI").

Significant components of our deferred income tax assets and liabilities are as follows at December 31 (in thousands):

    

2022

    

2021

Deferred income tax assets:

Net operating loss carryforward

$

4,874

$

68,353

Deferred revenue

47,586

27,031

Deferred compensation

1,575

1,414

Lease liability

9,973

 

5,886

Inventory reserve

1,279

 

684

Stock based compensation

15,374

 

10,913

Amortization

2,820

 

2,672

R&D tax credit carryforward

12,826

 

29,249

Reserves, accruals, and other

17,732

 

14,717

R&D capitalization, net

46,122

 

Convertible debt, net

48,378

Total deferred income tax assets

208,539

 

160,919

Deferred income tax liabilities:

Customer contract asset

(552)

 

(1,104)

Right of use asset

(8,748)

 

(5,008)

Depreciation

(10,272)

 

(8,938)

Strategic investments

(4,615)

(2,653)

Prepaid expenses

(1,119)

(594)

Other

 

(72)

Total deferred income tax liabilities

(25,306)

 

(18,369)

Net deferred income tax assets before valuation allowance

183,233

 

142,550

Valuation allowance

(26,368)

 

(16,168)

Net deferred income tax assets

$

156,865

 

$

126,382

We have $89.5 million of state net operating losses (“NOLs”) which will expire at various dates between 2026 and 2041 or carry forward indefinitely. We have $4.4 million of federal R&D credits, which expire between 2034 and 2041, and $0.1 million of which is subject to limitation under IRC Section 382. We have $21.6 million of state R&D credits carrying forward, which expire at various dates between 2023 and 2037, or carry forward indefinitely. In the U.K., we have $4.1 million of NOLs which may be carried forward indefinitely.

In preparing our condensed consolidated financial statements, management assesses the likelihood that its deferred tax assets will be realized from future taxable income. In evaluating our ability to recover our deferred income tax assets, management considers all available positive and negative evidence, including our operating results, ongoing tax planning and forecasts of future taxable income on a jurisdiction by jurisdiction basis. A valuation allowance is established if it is determined that it is more likely than not that some portion or all of the net deferred tax assets will not be realized. Management exercises significant judgment in determining our provision for income taxes, our deferred tax assets and liabilities, and our future taxable income for purposes of assessing our ability to utilize any future tax benefit from our deferred tax assets.

As of December 31, 2022, management continues to believe the positive evidence from projected future earnings outweighs the negative evidence and a valuation allowance is only needed on specific deferred tax assets.  We have concluded that a valuation allowance is necessary against unrealized investment losses as well as transaction costs incurred in connection with certain investments. Additionally, we do have Arizona R&D tax credits expiring unutilized each year; therefore, management has concluded that it is more likely than not that our Arizona R&D deferred tax asset will not be realized, and a valuation allowance has been recorded against this net asset.

In Australia, we have determined that sufficient deferred tax liabilities will reverse in order to realize all assets except one long-lived intangible asset where there is not an expectation that the asset may be realized. Therefore, we continue to have a partial valuation allowance for Australia.

We consider the undistributed earnings of certain non-U.S. subsidiaries to be indefinitely reinvested outside of the United States on the basis of estimates that future domestic cash generation will be sufficient to meet future domestic cash needs and our specific plans for reinvestment of those subsidiary earnings. We project that our foreign earnings will be utilized offshore for working capital and future foreign growth and we have not made a provision for U.S. or additional foreign withholding taxes of the excess of the amount for financial reporting over the tax basis of investments in foreign subsidiaries that is indefinitely reinvested. Generally, such amounts become subject to U.S. taxation upon the remittance of dividends and under certain other circumstances. We have determined the amount of deferred tax liability related to investments in these foreign subsidiaries is immaterial. If we decide to repatriate the undistributed foreign earnings, we will recognize the income tax effects in the period we change our assertion on indefinite reinvestment.

We complete R&D tax credit studies for each year that an R&D tax credit is claimed for federal and state income tax purposes. Management has made the determination that it is more likely than not that the full benefit of the R&D tax credit will not be sustained on examination and recorded a liability for unrecognized tax benefits of $21.5 million as of December 31, 2022. Should the unrecognized benefit of $21.5 million be recognized, our effective tax rate would be favorably impacted.

The following table presents a roll forward of our liability for unrecognized tax benefits, exclusive of accrued interest, as of December 31 (in thousands):

    

2022

    

2021

    

2020

Balance, beginning of period

$

18,249

$

7,657

$

6,861

Increase (decrease) in previous year tax positions

232

22

(34)

Increase in current year tax positions

3,343

11,416

950

Decrease due to lapse of statutes of limitations

(332)

(846)

(120)

Balance, end of period

$

21,492

 

$

18,249

 

$

7,657

Federal income tax returns for 2019 through 2021 remain open to examination by the U.S. Internal Revenue Service (the “IRS”), while state and local income tax returns for 2018 through 2021 also generally remain open to examination by state taxing authorities. The 2008 through 2017 state and local income tax returns are only open to the extent that net operating loss or other tax attributes carrying forward from those years were utilized in 2018 through 2021. The foreign tax returns for 2018 through 2021 also generally remain open to examination, although some foreign statutes can audit returns up to ten years.

We recognize interest and penalties related to unrecognized tax benefits within the provision (benefit) for income tax expense line in the accompanying consolidated statements of operations and comprehensive income (loss). As of December 31, 2022, and 2021, we had accrued interest of $0.3 million and $0.2 million, respectively.