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Income Taxes
 12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
Our loss before provision for income taxes were as follows (in thousands): 
 Year Ended December 31,
 202220212020
United States$(33,269)$(21,037)$(23,452)
Foreign(47)(53)(219)
Loss before provision for income taxes$(33,316)$(21,090)$(23,671)
The tax provision for the year ended December 31, 2022 consists primarily of current year state and foreign income taxes. The tax provision for the years ended December 31, 2021 and 2020 consists primarily of taxes attributable to foreign operations. The components of the provision for income taxes are as follows (in thousands): 
 Year Ended December 31,
 202220212020
Current provision:
State$141 $— $5 
Foreign142 198 342 
Total current provision $283 $198 $347 
Deferred benefit:
Foreign(7)(9)(8)
Total deferred benefit$(7)$(9)$(8)
Provision for income taxes$276 $189 $339 
Reconciliation of the provision for income taxes calculated at the statutory rate to our provision for income taxes is as follows (in thousands): 
 Year Ended December 31,
 202220212020
Tax benefit at federal statutory rate$(6,996)$(4,429)$(4,971)
State taxes(494)(2,235)(708)
Research and development credits(1,793)(1,132)(811)
Foreign operations taxed at different rates78 80 245 
Stock-based compensation239 (2,698)140 
Other nondeductible items(238)711 61 
Executive compensation80 257 24 
Change in valuation allowance9,400 9,635 6,359 
Provision for income taxes$276 $189 $339 
Deferred income taxes reflect the net tax effects of (a) temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes, and (b) operating losses and tax credit carryforwards.
Significant components of our deferred tax assets and liabilities are as follows (in thousands): 
 December 31,
 20222021
Deferred tax assets:
Net operating losses$69,915 $78,525 
Credits14,806 11,895 
Deferred revenues1,123 1,490 
Stock-based compensation4,967 3,946 
Reserves and accruals2,487 2,928 
Depreciation— 514 
Intangible assets866 1,356 
Capital losses413 26 
R&D Capitalization16,502 — 
Unrealized gain/loss1 418 
Lease liability9,586 11,206 
Other assets124 122 
Total deferred tax assets:120,790 112,426 
Valuation allowance(111,183)(101,762)
Deferred tax liabilities:
Right-of-use assets(8,624)(10,373)
Property and Equipment(736)— 
Other(263)(314)
Total deferred tax liabilities:(9,623)(10,687)
Net deferred tax liabilities$(16)$(23)
ASC 740 requires that the tax benefit of NOLs, temporary differences and credit carryforwards be recorded as an asset to the extent that management assesses that realization is "more likely than not." Realization of the future tax benefits is dependent on our ability to generate sufficient taxable income within the carryforward period. Because of our history of operating losses, management believes that recognition of the deferred tax assets arising from the above-mentioned future tax benefits is currently not more likely than not to be realized and, accordingly, has provided a valuation allowance against our deferred tax assets. Accordingly, the net deferred tax assets in all our jurisdictions have been fully reserved by a valuation allowance. The net valuation allowance increased by $9.4 million during the year ended December 31, 2022, increased by $9.6 million during the year ended December 31, 2021, and increased by $6.4 million during the year ended December 31, 2020. At such time as it is determined that it is more likely than not that the deferred tax assets are realizable, the valuation allowance will be reduced.
The following table sets forth our federal, state and foreign NOL carryforwards and federal research and development tax credits as of December 31, 2022 (in thousands): 
 December 31, 2022
 AmountExpiration
Years
Net operating losses, federal$183,022 2026-2037
Net operating losses, federal$109,069 Do not expire
Net operating losses, state$138,775 2028-2041
Tax credits, federal$16,228 2023-2041
Tax credits, state$17,168 Do not expire
Current U.S. federal and California tax laws include substantial restrictions on the utilization of NOLs and tax credit carryforwards in the event of an ownership change of a corporation. Accordingly, the Company's ability to utilize NOLs and tax credit carryforwards may be limited as a result of such ownership changes. We performed an analysis in 2022 and determined that there was not a limitation that would result in the expiration of carryforwards before they are utilized.
Income tax expense or benefit from continuing operations is generally determined without regard to other categories of earnings, such as discontinued operations and other comprehensive income. An exception is provided in ASC 740 when there is aggregate income from categories other than continuing operations and a loss from continuing operations in the current year. In this case, the tax benefit allocated to continuing operations is the amount by which the loss from continuing operations reduces the tax expenses recorded with respect to the other categories of earnings, even when a valuation allowance has been established against the deferred tax assets. In instances where a valuation allowance is established against current year losses, income from other sources is considered when determining whether sufficient future taxable income exists to realize the deferred tax assets.
In 2014, we determined that the undistributed earnings of our India subsidiary will be repatriated to the United States, and accordingly, we have provided a deferred tax liability totaling $16 thousand and $23 thousand as of December 31, 2022 and 2021 respectively, for local taxes that would be incurred upon repatriation.
We apply the provisions of ASC 740 to account for uncertain income taxes. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands): 
 December 31,
 202220212020
Balance at beginning of year$15,261 $12,683 $11,330 
Additions based on tax positions related to current year3,553 2,206 1,357 
Additions to tax position of prior years— 372 — 
Reductions to tax position of prior years(243)— (4)
Balance at end of year$18,571 $15,261 $12,683 
We recognize interest and penalties as a component of our income tax expense. Total interest and penalties recognized in the consolidated statements of operations were $42 thousand, $61 thousand and $39 thousand in 2022, 2021 and 2020, respectively. Total penalties and interest recognized in the balance sheet was $0.5 million, $0.5 million and $0.4 million as of December 31, 2022, 2021 and 2020, respectively. The total unrecognized tax benefits that, if recognized currently, would impact our company’s effective tax rate were $0.3 million as of December 31, 2022, 2021 and 2020. We do not expect any material changes to our uncertain tax positions within the next 12 months. We are not subject to examination by United States federal or state tax authorities for years prior to 2002 and foreign tax authorities for years prior to 2014.