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Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
The components of loss before income tax (provision) benefit are as follows:
Years Ended December 31,
(In thousands)202020192018
Domestic$(44,010)$(316,479)$(140,298)
Foreign(3,006)(23,524)(15,264)
Total$(47,016)$(340,003)$(155,562)
Income tax provision (benefit) is as follows:
 Years Ended December 31,
(In thousands)202020192018
Current:
Federal$— $— $— 
State45 (42)(119)
Foreign847 2,762 1,806 
Total$892 $2,720 $1,687 
Deferred:
Federal$101 $(1,189)$898 
State238 (3,992)1,060 
Foreign(329)1,454 61 
Total$10 $(3,727)$2,019 
Income tax provision (benefit)$902 $(1,007)$3,706 
A reconciliation of the statutory U.S. income tax rate to the effective income tax rate is as follows:
 Years Ended December 31,
 202020192018
Statutory federal tax rate21.0 %21.0 %21.0 %
State taxes(0.5)%1.1 %(2.8)%
Other nondeductible items— %(0.7)%(0.5)%
Nondeductible interest and derivatives(9.7)%(1.5)%(4.0)%
Foreign rate differences(1.8)%(1.8)%(2.2)%
Change in valuation allowance5.9 %(5.3)%(5.4)%
Stock compensation(5.5)%(1.2)%(5.6)%
Executive compensation(0.1)%(0.1)%(0.3)%
Goodwill impairment— %(10.7)%— %
Subscription receivable— %— %(1.2)%
US tax impact of restructuring(14.4)%— %— %
Other adjustments1.1 %(0.5)%(1.0)%
Uncertain tax positions2.1 %— %(0.4)%
Effective tax rate(1.9)%0.3 %(2.4)%
Income Tax (Provision) Benefit
The Company recognized income tax expense of $0.9 million during the year ended December 31, 2020, which is primarily comprised of current tax expense of $0.8 million related to foreign taxes. Included in total tax expense are income tax adjustments of $8.9 million for permanent differences in the book and tax treatment of certain stock-based compensation, limitations on the deductibility of certain executive compensation, and nondeductible interest expense on debt instruments and associated derivatives. Also included is an adjustment of $11.2 million for a permanent difference related to foreign earnings taxable in the U.S. as a result of a tax restructuring that occurred during the year. These tax adjustments, along with state and local taxes and book losses in foreign jurisdictions where the income tax rate is substantially lower than the U.S. federal statutory rate, are the primary drivers of the annual effective income tax rate.
The Company recognized an income tax benefit of $1.0 million during the year ended December 31, 2019, which is comprised of current tax expense of $2.7 million primarily related to foreign taxes and a deferred tax benefit of $3.7 million related to temporary differences between the tax treatment and GAAP accounting treatment for certain items. Included within the total tax benefit is income tax expense of $17.3 million related to the increase in valuation allowance recorded against the Company's deferred tax assets to offset the tax benefit of the Company's operating losses in the U.S. and certain foreign jurisdictions. Also included in the total tax benefit are income tax adjustments of $58.6 million related to the impairment of goodwill and $15.2 million for permanent differences in the book
and tax treatment of certain stock-based compensation, limitations on the deductibility of certain executive compensation, nondeductible interest expense on debt instruments and associated derivatives, and other nondeductible expenses. These tax adjustments, along with state and local taxes and book losses in foreign jurisdictions where the income tax rate is substantially lower than the U.S. federal statutory rate, are the primary drivers of the annual effective income tax rate.
The Company recognized an income tax expense of $3.7 million during the year ended December 31, 2018, which is comprised of current tax expense of $1.7 million primarily related to foreign taxes and a deferred tax expense of $2.0 million related to temporary differences between the tax treatment and GAAP accounting treatment for certain items. Included within the total tax expense is an income tax expense of $19.0 million related to the increase in valuation allowance recorded against the Company's deferred tax assets to offset the tax benefit of the Company's operating losses in the U.S. and certain foreign jurisdictions. An income tax adjustment of $19.7 million has also been included for permanent differences in the book and tax treatment of certain stock-based compensation, limitations on the deductibility of certain executive compensation, nondeductible interest expense on debt instruments and associated derivatives, and other nondeductible expenses. These tax adjustments, along with state and local taxes and book losses in foreign jurisdictions where the income tax rate is substantially lower than the U.S. federal statutory rate, are the primary drivers of the annual effective income tax rate.
The COVID-19 pandemic has a global reach, and many countries have introduced measures that provide relief to taxpayers in a variety of ways. The Company has evaluated these measures, including the CARES Act in the United States, and has concluded that these did not have a significant impact on its income tax (provision) benefit for the year ended December 31, 2020.
Deferred Income Taxes
Deferred income taxes reflect the net tax effects of temporary differences between the carrying amount of assets and liabilities for financial reporting purposes and the amounts used for income tax reporting purposes. The components of net deferred income taxes are as follows:
 As of December 31,
 (In thousands)
20202019
Deferred tax assets:
Net operating loss carryforwards$197,017 $212,253 
Lease liability14,517 16,772 
Deferred revenues14,483 5,095 
Deferred compensation6,138 8,146 
Accrued salaries and benefits3,499 2,406 
Tax credits2,187 2,945 
Tax contingencies1,132 1,127 
Allowance for doubtful accounts776 453 
Capital loss carryforwards263 266 
Goodwill— 2,462 
Litigation settlement— 225 
Other2,550 2,409 
Gross deferred tax assets242,562 254,559 
Valuation allowance(220,115)(219,607)
Net deferred tax assets$22,447 $34,952 
Deferred tax liabilities:
Lease asset$(8,829)$(11,219)
Property and equipment(5,716)(5,134)
Intangible assets(3,495)(15,202)
Subpart F income recapture(1,224)(1,224)
Goodwill(958)— 
Other(111)(86)
Total deferred tax liabilities(20,333)(32,865)
Net deferred tax asset$2,114 $2,087 
Tax Valuation Allowance
As of December 31, 2020, and 2019, the Company had a valuation allowance of $220.1 million and $219.6 million, respectively, against certain deferred tax assets. The valuation allowance relates to the deferred tax assets of the Company's U.S. entities, including federal and state tax attributes and timing differences, as well as the deferred tax assets of certain foreign subsidiaries. The increase in the valuation allowance during 2020 is primarily related to the pre-tax losses generated in the U.S. To the extent the Company determines that, based on the weight of available evidence, all or a portion of its valuation allowance is no longer necessary, the
Company will recognize an income tax benefit in the period such determination is made for the reversal of the valuation allowance. If management determines that, based on the weight of available evidence, it is more-likely-than-not that all or a portion of the net deferred tax assets will not be realized, the Company may recognize income tax expense in the period such determination is made to increase the valuation allowance. It is possible that such reduction of or addition to the Company's valuation allowance may have a material impact on the Company's results from operations.
A summary of the deferred tax asset valuation allowance is as follows:
 As of December 31,
(In thousands)20202019
Beginning Balance
$219,607 $200,366 
Additions737 19,832 
Reductions(229)(591)
Ending Balance$220,115 $219,607 
Net Operating Loss and Credit Carryforwards
As of December 31, 2020, the Company had federal and state net operating loss carryforwards for tax purposes of $578.5 million and $1,360.7 million, respectively. These net operating loss carryforwards will begin to expire in 2023 for federal income tax purposes and 2021 for state income tax purposes. The federal and certain state net operating losses generated after December 31, 2017 have an indefinite carryforward period. As of December 31, 2020, the Company had an aggregate net operating loss carryforward for tax purposes related to its foreign subsidiaries of $5.1 million, which will begin to expire in 2024.
As of December 31, 2020, the Company had research and development credit carryforwards of $3.2 million which begin to expire in 2025.
Under the provisions of Internal Revenue Code Section 382, certain substantial changes in the Company's ownership may result in a limitation on the amount of U.S. net operating loss carryforwards that can be utilized annually to offset future taxable income and taxes payable. A significant portion of the Company's net operating loss carryforwards are subject to an annual limitation under Section 382 of the Internal Revenue Code, and the Company anticipates that the Transactions will trigger further limitations. Additionally, despite the net operating loss carryforwards, the Company may have a future tax liability due to foreign tax or state tax requirements.
Foreign Undistributed Earnings
As of December 31, 2020, the Company has certain foreign subsidiaries with accumulated undistributed earnings. The TCJA allows for a dividend received deduction resulting in no material U.S. federal income tax upon repatriation of these earnings. The Company intends to indefinitely reinvest these earnings, as well as future earnings from its foreign subsidiaries, to fund its international operations and therefore has not accrued any foreign withholding taxes or state income taxes.
Uncertain Tax Positions
For uncertain tax positions, the Company uses a more-likely-than-not recognition threshold based on the technical merits of the tax position taken. Tax positions that meet the more-likely-than-not recognition threshold are measured as the largest amount of tax benefits determined on a cumulative probability basis, which are more-likely-than-not to be realized upon ultimate settlement in the financial statements. The Company has unrecognized tax benefits, which are tax benefits related to uncertain tax positions which have been or will be reflected in income tax filings that have not been recognized in the financial statements due to potential adjustments by taxing authorities in the applicable jurisdictions. The Company's liabilities for unrecognized tax benefits, which include interest and penalties, were $0.7 million and $1.6 million as of December 31, 2020 and 2019, respectively. The remaining unrecognized tax benefits have reduced deferred tax balances. The amount of unrecognized tax benefits that, if recognized, would affect the Company's effective tax rate are $2.0 million, $2.3 million and $2.5 million as of December 31, 2020, 2019 and 2018, respectively, and include the federal tax benefit of state deductions. The Company anticipates a negligible amount of unrecognized tax benefits will reverse during the next year due to the expiration of statutes of limitation.
Changes in the Company's unrecognized income tax benefits are as follows:
 As of December 31,
 (In thousands)
202020192018
Beginning balance$2,400 $2,560 $2,508 
Increase related to tax positions of prior years
47 14 167 
Increase related to tax positions of the current year51 53 90 
Decrease related to tax positions of prior years(5)(84)(106)
Decrease due to lapse in statutes of limitations(415)(143)(99)
Ending balance$2,078 $2,400 $2,560 
The Company recognizes interest and penalties related to income tax matters in income tax expense. As of December 31, 2020 and 2019, accrued interest and penalties on unrecognized tax benefits were $0.1 million and $0.7 million, respectively. The Company or one of its subsidiaries files income tax returns in the U.S. federal jurisdiction, and various state and foreign jurisdictions. For income tax returns filed by the Company, the Company is generally no longer subject to U.S. federal examinations by tax authorities for years prior to 2017 or state and local tax examinations by tax authorities for years prior to 2016. The Company is no longer subject to examination by tax authorities in the Netherlands for years prior to 2014. However, tax attribute carryforwards may still be adjusted upon examination by tax authorities.