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Income Taxes
12 Months Ended
Dec. 31, 2024
Income Tax Disclosure [Abstract]  
Income Taxes

10. Income Taxes

The components of the pretax loss are presented in the following table (in thousands):

 

 

Year Ended December 31,

 

 

 

2024

 

 

2023

 

 

2022

 

U.S. Domestic

 

$

(147,954

)

 

$

(178,313

)

 

$

(146,627

)

Foreign

 

 

(14,119

)

 

 

(8,602

)

 

 

(5,382

)

Net loss before taxes

 

$

(162,073

)

 

$

(186,915

)

 

$

(152,009

)

The components of the provision for income taxes are presented in the following table (in thousands):

 

 

Year Ended December 31,

 

 

 

2024

 

 

2023

 

 

2022

 

Current income tax provision:

 

 

 

 

 

 

 

 

 

Federal

 

$

78

 

 

$

76

 

 

$

(764

)

State

 

 

349

 

 

 

332

 

 

 

(140

)

Foreign

 

 

209

 

 

 

145

 

 

 

301

 

Total current

 

 

636

 

 

 

553

 

 

 

(603

)

Deferred income tax provision:

 

 

 

 

 

 

 

 

 

Federal

 

 

44

 

 

 

37

 

 

 

583

 

State

 

 

(8

)

 

 

 

 

 

160

 

Foreign

 

 

(622

)

 

 

(867

)

 

 

(856

)

Total deferred

 

 

(586

)

 

 

(830

)

 

 

(113

)

Total income tax provision

 

$

50

 

 

$

(277

)

 

$

(716

)

The provision for income taxes differs from the amount of income tax determined by applying the applicable U.S. statutory federal income tax rate to pretax loss as a result of the following differences:

 

 

December 31,

 

 

 

2024

 

 

2023

 

 

2022

 

Federal statutory rate

 

 

21.00

%

 

 

21.00

%

 

 

21.00

%

Adjustments for tax effects of:

 

 

 

 

 

 

 

 

 

State taxes, net

 

 

(0.17

)

 

 

(0.13

)

 

 

0.03

 

Stock-based compensation

 

 

(3.57

)

 

 

(1.12

)

 

 

(1.79

)

Rate differential

 

 

0.32

 

 

 

0.18

 

 

 

0.43

 

Foreign taxes

 

 

(0.02

)

 

 

(0.07

)

 

 

(0.05

)

Other permanent adjustments

 

 

(0.71

)

 

 

(0.21

)

 

 

0.21

 

Credits

 

 

2.06

 

 

 

1.53

 

 

 

0.00

 

Federal uncertain tax positions

 

 

(1.14

)

 

 

(1.50

)

 

 

0.03

 

Expiration of tax attribute

 

 

(0.11

)

 

 

(0.09

)

 

 

(1.60

)

Liquidation entries

 

 

 

 

 

 

 

 

0.86

 

Other

 

 

0.55

 

 

 

0.70

 

 

 

(0.27

)

Valuation allowance

 

 

(18.23

)

 

 

(20.12

)

 

 

(18.38

)

Effective income tax rate

 

 

(0.02

)%

 

 

0.17

%

 

 

0.47

%

 

Significant components of the Company’s deferred tax assets and liabilities as of December 31, 2024 and 2023 are as follows (in thousands):

 

 

December 31,

 

 

 

2024

 

 

2023

 

Deferred tax assets:

 

 

 

 

 

 

Net operating losses

 

$

176,352

 

 

$

167,389

 

Interest

 

 

21,439

 

 

 

16,230

 

Capitalized research and development expenses

 

 

35,177

 

 

 

25,633

 

Inventory

 

 

16,183

 

 

 

12,095

 

Lease liability

 

 

8,388

 

 

 

7,268

 

Stock-based compensation

 

 

16,754

 

 

 

14,024

 

Accruals and reserves

 

 

7,277

 

 

 

6,162

 

Legal settlement

 

 

341

 

 

 

440

 

Income tax credit carryforwards

 

 

7,554

 

 

 

4,231

 

Total deferred tax assets

 

 

289,465

 

 

 

253,472

 

Valuation allowance

 

 

(246,744

)

 

 

(211,454

)

Total deferred tax assets, net of valuation allowance

 

 

42,721

 

 

 

42,018

 

Deferred tax liabilities:

 

 

 

 

 

 

Property and equipment

 

 

(27,840

)

 

 

(26,367

)

Goodwill and intangibles

 

 

(10,472

)

 

 

(13,399

)

Right-of-use assets

 

 

(8,011

)

 

 

(6,837

)

Unrealized foreign exchange gain

 

 

(396

)

 

 

(254

)

Total deferred tax liabilities

 

 

(46,719

)

 

 

(46,857

)

Net deferred tax assets

 

$

(3,998

)

 

$

(4,839

)

The realization of deferred tax assets is dependent on the Company’s ability to generate sufficient taxable income in future years in the associated jurisdiction to which the deferred tax assets relate. As of December 31, 2024, a valuation allowance of $246.7 million has been established against the deferred tax assets, as the Company has determined that it is currently not likely that these assets will be realized. During the years ended December 31, 2024, 2023 and 2022, the valuation allowance increased by $35.3 million, $43.6 million and $39.4 million, respectively.

In determining the need for a valuation allowance, the Company considers all available positive and negative evidence, including scheduled reversals of deferred tax liabilities, projected future taxable income, tax planning strategies, and recent financial performance. Based on the review of all positive and negative evidence, including a three-year cumulative pretax loss, the Company determined that a full valuation allowance should be recorded against its deferred tax assets, with the exception of the net indefinite lived deferred tax liabilities and the Company’s Texas Temporary Credit for Business Loss Carryforwards.

The following table summarizes the changes to unrecognized tax benefits (in thousands):

 

 

Year ended December 31,

 

 

 

2024

 

 

2023

 

 

2022

 

Unrecognized tax benefit at the beginning of the year

 

$

9,065

 

 

$

6,079

 

 

$

15,165

 

Increases in tax positions for prior years

 

 

1,072

 

 

 

1,632

 

 

 

 

Decreases in tax positions for prior years

 

 

 

 

 

 

 

 

(8,929

)

Increases in tax positions for current year relating to ongoing operations

 

 

2,695

 

 

 

1,435

 

 

 

173

 

Decreases in tax positions as a result of a lapse of statute of limitations

 

 

 

 

 

(81

)

 

 

(330

)

Unrecognized tax benefits at the end of the year

 

$

12,832

 

 

$

9,065

 

 

$

6,079

 

At December 31, 2024, 2023 and 2022, $11.9 million, $8.6 million and $5.6 million, respectively, of the Company’s total unrecognized tax benefits, if recognized, would impact the effective income tax rate.

In accordance with the disclosure requirements as described in ASC Topic 740, Income Taxes, the Company classifies uncertain tax positions as non-current income tax liabilities unless they are expected to be paid within one year. The Company recognizes interest and penalties related to income tax matters as a component of the income tax provision. As of December 31, 2024, 2023 and 2022, there were $0.18 million, $0.1 million and $0.04 million in accrued interest and penalties, respectively.

The Company and its subsidiaries are subject to federal income tax as well as income tax of multiple state and foreign jurisdictions. With few exceptions, the Company is no longer subject to income tax examination by tax authorities in major jurisdictions for years prior to 2020. However, to the extent allowed by law, the taxing authorities may have the right to examine prior periods where net operating losses and tax credits were generated and carried forward and make adjustments up to the amount of the carryforwards. The Company is not currently under examination by the Internal Revenue Service, foreign or state and local tax authorities.

At December 31, 2024, the Company had federal, state, and foreign net operating loss carryforwards of $604.6 million, $483.1 million and $119.1 million, respectively. Federal and state net operating losses generated after December 31, 2017 of $467.3 million and $94.6 million, respectively, can be carried forward indefinitely. The remaining federal and state net operating losses begin expiring at various dates beginning in 2025 through 2044, while foreign net operating losses in France carryforward indefinitely. At December 31, 2024, the Company had federal and state research and development tax credit carryforwards of $9.0 million and $7.8 million, respectively. The federal research and development tax credits begin expiring in 2042 and the state research and development tax credits do not have an expiration date and may be carried forward indefinitely. At December 31, 2024, the Company also had interest expense carryovers of $87.5 million which can be carried forward indefinitely. Utilization of the net operating loss and tax credit carryforwards may become subject to annual limitations due to ownership change limitations that could occur in the future as provided by Section 382 and 383 of the Internal Revenue Code of 1986, as amended (the “Internal Revenue Code”), as well as similar state provisions. These ownership changes may limit the amount of the net operating loss and tax credit carryforwards that can be utilized annually to offset future taxable income if the Company experiences a cumulative change in ownership of more than 50% within a three-year testing period. The Company completed formal study through the year ended December 31, 2018 and determined ownership changes within the meaning of IRC Section 382 had occurred. The Company adjusted federal tax attribute carry forwards and deferred tax assets accordingly. The Company will make adjustments to the fully reserved attributes as further studies are completed.