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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes
Income taxes
The components of loss before income taxes are as follows:
 
  
 
Years ended December 31,
(in thousands)
 
2019
 
2018
 
2017
United States
 
$
(19,022
)
 
$
(10,852
)
 
$
(10,930
)
International
 
1,062

 
827

 
792

Total loss before income taxes
 
$
(17,960
)
 
$
(10,025
)
 
$
(10,138
)

The components of the provision for income taxes are as follows:
 
  
 
Years ended December 31,
(in thousands)
 
2019
 
2018
 
2017
Current
 
 
 
 
 
 
Federal
 
$

 
$

 
$
(10
)
State
 
(25
)
 
53

 
54

Foreign
 
240

 
368

 
324

 
 
215

 
421

 
368

Deferred
 
 
 
 
 
 
Federal
 
(43
)
 
(822
)
 
311

State
 
7

 
99

 
119

Foreign
 
(159
)
 
(49
)
 
(39
)
 
 
(195
)
 
(772
)
 
391

Total income tax provision (benefit)
 
$
20

 
$
(351
)
 
$
759


The Company had an effective tax rate of 0.1%, (3.5)% and 7.5% for the years ended December 31, 2019, 2018 and 2017, respectively.
Reconciliation of the provision for income taxes at the statutory rate to the Company’s provision for income tax is as follows:
 
  
 
Years ended December 31,
(in thousands)
 
2019
 
2018
 
2017
U.S. federal (tax benefit) provision at statutory rate
 
$
(3,772
)
 
$
(2,105
)
 
$
(4,576
)
State (tax benefit) income taxes, net of federal benefit
 
(646
)
 
(373
)
 
(437
)
Foreign income taxes at rates other than the US rate
 
(145
)
 
92

 
(21
)
Stock-based compensation
 
(2,119
)
 
(3,503
)
 
(8,373
)
Change in valuation allowance
 
5,136

 
4,710

 
(6,023
)
Non-deductible executive compensation
 
2,383

 
2,418

 
1,624

Rate differential impact on Tax Cuts and Jobs Act
 

 

 
18,975

Research and development credits
 
(1,209
)
 
(994
)
 
(602
)
Indefinite net operating losses carryforward
 
(33
)
 
(1,470
)
 

Other
 
425

 
874

 
192

Total
 
$
20

 
$
(351
)
 
$
759


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. The following table presents the significant components of the Company’s deferred tax assets and liabilities for the periods presented:
 
  
 
December 31,
(in thousands)
 
2019
 
2018
Deferred tax assets
 
 
 
 
Net operating loss carryforward
 
$
32,723

 
$
29,798

Research and development credits
 
8,449

 
6,840

Depreciation and amortization
 
2,402

 
3,007

Reserves and accruals
 
9,349

 
9,661

Total deferred tax assets
 
52,923

 
49,306

Valuation allowance
 
(40,436
)
 
(40,070
)
Net deferred tax assets
 
12,487

 
9,236

Deferred tax liabilities - convertible senior notes
 
(5,848
)
 
(7,503
)
Deferred tax liabilities - other
 
(7,097
)
 
(2,208
)
Net deferred tax liabilities
 
$
(458
)
 
$
(475
)

The Company's deferred tax liabilities are primarily related to tax deductible goodwill. The Company determines its valuation allowance on deferred tax assets by considering both positive and negative evidence in order to ascertain whether it is more likely than not that deferred tax assets will be realized. Realization of deferred tax assets is dependent upon the generation of future taxable income, if any, the timing and amount of which are uncertain. Due to the history of losses the Company has generated in the past, the Company believes that it is not more likely than not that all of the deferred tax assets in the U.S. and Canada can be realized as of December 31, 2019; accordingly, the Company has recorded a full valuation allowance on its deferred tax assets.
The Company’s valuation allowance increased by $0.4 million and $5.2 million for the years ended December 31, 2019 and 2018, respectively. The change in the 2019 valuation allowance was primarily due to the addition of current year loss carryforwards and federal rate reduction. The change in the 2018 valuation allowance was primarily due to the addition of current year loss carryforwards.
At December 31, 2019, the Company had $137 million and $69 million, respectively, of federal and state net operating loss carryforwards. The federal net operating loss carryforward generated in the years ended December 31, 2002 through 2017 begin expiring in 2022.
Net operating losses originating before January 1, 2018 are eligible to offset taxable income, if not otherwise limited under IRS Section 382. Net operating losses generated after December 31, 2017 have an infinite carryforward period and subject to 80% deduction limitation based upon pre-net operating deduction taxable income.
The state net operating loss carryforward begins expiring in 2028, if not utilized.
In addition, the Company has federal research and development tax credits carryforwards of approximately $5.3 million and state research and development tax credit carryforwards of approximately $5.9 million. The federal credit carryforwards begin expiring 2026 and the state credits carry forward indefinitely. The Internal Revenue Code (IRC) contains provisions which limit the amount of net operating loss (NOL) and research credit carryforwards that can be used in any given year if a significant change in ownership has occurred. As of December 31, 2019, $11.5 million of the Company's NOL carryovers and $0.5 million of credit carryovers are subject to an annual $0.6 million limitation, of which $5.3 million NOLs would be available to offset future taxable income in the twenty-year carryforward period.
The following table displays by contributing factor the changes in the valuation allowance for deferred tax assets since January 1, 2017:
 
 
Years Ended December 31,
(in thousands)
 
2019
 
2018
 
2017
Balance at the beginning of the period
 
$
40,070

 
$
45,255

 
$
42,339

Net operating loss carryforwards generated
 
2,925

 
2,509

 
3,050

R&D tax credit increase
 
1,609

 
1,014

 
1,121

Depreciation and amortization increase
 
(605
)
 
925

 
237

Reserves and accruals decrease
 
(312
)
 
(581
)
 
(1,479
)
Deferred tax assets increase
 
(3,251
)
 
(9,052
)
 
(13
)
Balance at the end of the period
 
$
40,436

 
$
40,070

 
$
45,255


The following table reflects changes in the unrecognized tax benefits since January 1, 2018:
 
  
 
Years ended December 31,
(in thousands)
 
2019
 
2018
Gross amount of unrecognized tax benefits as of the beginning of the period
 
$
1,931

 
$
1,673

Increases related to prior year tax provisions
 

 
7

Decreases related to prior year tax provisions
 
(78
)
 

Increases related to current year tax provisions
 
398

 
251

Gross amount of unrecognized tax benefits as of the end of the period
 
$
2,251

 
$
1,931


As a result of the Company’s historical losses and related valuation allowances, the Company has recorded substantially all of the uncertain tax amounts above as reductions to deferred tax assets which are subject to a full valuation allowance in its consolidated balance sheet with an insignificant portion recorded in other long-term liabilities. The Company recognizes interest and penalties relating to uncertain tax positions in income tax expense. As the Company is not currently under examination, it is reasonable to assume that the balance of gross unrecognized tax benefits will likely not change in the next twelve months.
The Company files income tax returns in the United States on a federal basis and in various states. The Company is not currently under any international or any United States federal, state and local income tax examinations for any taxable years. All of the Company’s net operating losses and research credit carryforwards prior to 2019 are subject to tax authority adjustment and all years after 2012 are still subject to the tax authority examinations.
The 2017 tax reform legislation provides for a one-time “deemed repatriation” of accumulated foreign earnings for the year ended December 31, 2017. The Company does not expect to pay U.S. federal cash taxes on the deemed repatriation due to its historical net operating loss for tax purposes. The Company does not expect that the future foreign earnings will be subject to U.S. federal income tax since the Company intends to continue reinvesting such earnings outside the U.S. indefinitely. On December 22, 2017, the SEC issued Staff Accounting Bulletin 118 (“SAB 118”), which provides guidance on accounting for tax effects of the Tax Act. SAB 118’s measurement period closed on December 22, 2018, one year from the Tax Act enactment. The Company completed its accounting for the impact of the Tax Act and there were no subsequent revisions from the provisional amounts recorded in the prior year financial statements.