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Income Taxes
12 Months Ended
Dec. 31, 2015
Income Taxes  
Income Taxes

 

11. Income Taxes

Income Tax Provision:

        Pretax loss was as follows:

                                                                                                                                                                                    

 

 

Year Ended December 31,

 

 

 

2015

 

2014

 

2013

 

 

 

(in thousands)

 

Loss before provision (benefit) for income taxes:

 

 

 

 

 

 

 

 

 

 

Domestic

 

$

(57,513

)

$

(46,908

)

$

(37,481

)

Foreign

 

 

(10,858

)

 

(8,524

)

 

(9,851

)

​  

​  

​  

​  

​  

​  

Total

 

$

(68,371

)

$

(55,432

)

$

(47,332

)

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

 

        The provision (benefit) for income taxes consists of the following:

                                                                                                                                                                                    

 

 

Year Ended
December 31,

 

 

 

2015

 

2014

 

2013

 

 

 

(in thousands)

 

Current tax provision:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

1

 

$

1

 

$

 

State

 

 

24

 

 

15

 

 

10

 

Foreign

 

 

353

 

 

164

 

 

83

 

​  

​  

​  

​  

​  

​  

Total current tax provision

 

 

378

 

 

180

 

 

93

 

Federal

 

 

 

 

(286

)

 

 

State

 

 

 

 

(45

)

 

 

Foreign

 

 

330

 

 

(326

)

 

(65

)

​  

​  

​  

​  

​  

​  

Total deferred tax benefit

 

 

330

 

 

(657

)

 

(65

)

​  

​  

​  

​  

​  

​  

Total provision (benefit) for income taxes

 

$

708

 

$

(477

)

$

28

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

 

        The items accounting for the difference between income taxes computed at the federal statutory rate and the provision for income taxes consist of the following:

                                                                                                                                                                                    

 

 

Year Ended December 31,

 

 

 

2015

 

2014

 

2013

 

Federal statutory rate

 

 

34.00

%

 

34.00

%

 

34.00

%

Stock-based compensation

 

 

(1.15

)

 

(0.74

)

 

(1.59

)

Valuation allowance

 

 

(36.51

)

 

(34.38

)

 

(28.31

)

Foreign rate differential

 

 

(3.11

)

 

(2.52

)

 

(5.00

)

Federal research and development credit

 

 

3.28

 

 

2.48

 

 

1.19

 

Other

 

 

2.42

 

 

2.03

 

 

(0.35

)

​  

​  

​  

​  

​  

​  

Effective income tax rate

 

 

(1.06

)%

 

0.87

%

 

(0.06

)%

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

Deferred tax assets and liabilities:

        The components of deferred tax assets and liabilities are as follows:

                                                                                                                                                                                    

 

 

Year Ended December 31,

 

 

 

2015

 

2014

 

2013

 

 

 

(in thousands)

 

Deferred tax assets:

 

 

 

 

 

 

 

 

 

 

Accounts receivable principally due to allowance for doubtful accounts

 

$

166

 

$

130

 

$

92

 

Compensated absences, principally due to accruals for financial reporting purposes

 

 

2,880

 

 

1,867

 

 

2,993

 

Net operating loss carryforwards

 

 

69,369

 

 

54,949

 

 

42,704

 

Federal tax credits

 

 

3,657

 

 

2,437

 

 

1,766

 

State tax credits net of federal benefit

 

 

2,010

 

 

1,521

 

 

1,166

 

Other deductible temporary differences

 

 

2,234

 

 

1,311

 

 

964

 

Stock-based compensation

 

 

12,106

 

 

7,289

 

 

1,508

 

Foreign Credit

 

 

22

 

 

24

 

 

25

 

​  

​  

​  

​  

​  

​  

Total deferred tax assets

 

$

92,444

 

$

69,528

 

 

51,218

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

 

 

Capitalized software development

 

 

(566

)

 

(278

)

 

(149

)

Acquired intangible assets

 

 

(1,208

)

 

(1,983

)

 

(1,979

)

​  

​  

​  

​  

​  

​  

Total deferred tax liability

 

 

(1,774

)

 

(2,261

)

 

(2,128

)

Valuation allowance

 

 

(90,892

)

 

(67,159

)

 

(49,388

)

​  

​  

​  

​  

​  

​  

Net deferred taxes

 

$

(222

)

$

108

 

$

(298

)

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

 

        The net valuation allowance increased by $23.7 million and $17.8 million for the years ended December 31, 2015 and 2014, respectively.

        As of December 31, 2015, the Company's deferred tax assets consist primarily of the federal and state net operating loss and research and development credit. In assessing the realizability of deferred tax assets, management determined that it is more likely than not that none of the deferred tax assets will be realized. Therefore, the Company has provided a full valuation allowance against the U.S. federal and state deferred tax assets at December 31, 2015.

        The Company has not provided for withholding taxes on the undistributed earnings of its foreign subsidiaries because the Company intends to reinvest such earnings indefinitely. As of December 31, 2015, the amount of undistributed earnings considered indefinitely reinvested was not material.

        The Company had net operating loss carryforwards as follows:

                                                                                                                                                                                    

 

 

Year Ended December 31,

 

 

 

2015

 

2014

 

2013

 

 

 

(in thousands)

 

Federal

 

$

258,566 

 

$

204,361 

 

$

130,797 

 

State

 

 

186,450 

 

 

146,399 

 

 

102,606 

 

Foreign

 

 

31,015 

 

 

24,780 

 

 

17,673 

 

​  

​  

​  

​  

​  

​  

Total

 

$

476,031 

 

$

375,540 

 

$

251,076 

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

 

        The federal and state net operating losses include $91.1 million and $51.9 million of excess stock based compensation that will result in increases to additional paid in capital, when realized.

        Net operating loss carryforwards are available to offset future federal, California and foreign taxable income. Federal and California net operating loss carryforwards begin to expire in 2026 and 2016, respectively. Ireland net operating loss carryforwards do not expire. Japan net operating loss carryforwards begin to expire in 2022.

        The Company had research and development credit carryforwards as follows:

                                                                                                                                                                                    

 

 

Year Ended December 31,

 

 

 

2015

 

2014

 

2013

 

 

 

(in thousands)

 

Federal

 

$

3,657 

 

$

2,437 

 

$

1,766 

 

California

 

 

3,045 

 

 

2,305 

 

 

1,767 

 

International

 

 

22 

 

 

24 

 

 

25 

 

​  

​  

​  

​  

​  

​  

Total

 

$

6,724 

 

$

4,766 

 

$

3,558 

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

 

        Federal and California and the foreign research and development tax credit carryforwards are available to reduce future regular income taxes. Federal research and development credit carryforwards begin to expire in 2026. California research and development tax credit carryforwards do not expire.

        On December 18, 2015, The Consolidated Appropriations Act of 2014 was signed into law, which retroactively reinstated and made permanent the federal research tax credit provisions from January 1, 2015 through December 31, 2015. The benefit of the reinstated credit did not impact the income statement in the period of enactment, which was the fourth quarter of 2015, as the research and development credit carryforwards are offset by a full valuation allowance.

        Federal and California laws impose restrictions on the utilization of net operating loss carryforwards and R&D credit carryforwards in the event of a change in ownership of the Company, which constitutes an 'ownership change' as defined by Internal Revenue Code Sections 382 and 383. The Company experienced an ownership change in the past that does not materially impact the availability of its net operating losses and tax credits. The amounts indicated in the above tables reflect reduction of approximately $1.1 million of net operating losses and $8,000 of research and development credits as a result of previous ownership changes that the Company experienced. Nevertheless, should there be an ownership change in the future, the Company's ability to utilize existing carryforwards could be substantially restricted.

        The Company files tax returns in the US, certain states, Israel, Ireland, Australia and Japan. All of the tax years, from the date of inception, are open for examination.

Uncertain Tax Positions

        The Company accounts for uncertainty in income taxes in accordance with ASC 740. Tax positions are evaluated in a two-step process. The Company first determines whether it is more likely than not that a tax position will be sustained upon examination by the tax authority, including resolutions of any related appeals or litigation processes, based on technical merit. If a tax position meets the more-likely-than-not recognition threshold it is then measured to determine the amount of benefit to recognized in the financial statements. The tax position is measured as the largest amount of benefit that is greater than 50% likely of being realized upon ultimate settlement.

        The following table summarizes the activity related to unrecognized tax benefits:

                                                                                                                                                                                    

 

 

Year Ended
December 31,

 

 

 

2015

 

2014

 

2013

 

 

 

(in thousands)

 

Unrecognized benefit—beginning of period

 

$

991 

 

$

472 

 

$

 

Gross increases (decreases)—prior period tax positions

 

 

75 

 

 

34 

 

 

 

Gross increases (decreases)—current period tax positions

 

 

765 

 

 

485 

 

 

472 

 

​  

​  

​  

​  

​  

​  

Unrecognized benefit—end of period

 

$

1,831 

 

$

991 

 

$

472 

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        All of the unrecognized tax benefits as of December 31, 2015 are accounted for as a reduction in the Company's deferred tax assets. Due to the Company's valuation allowance, none of the $1.8 million of unrecognized tax benefits would affect the Company's effective tax rate, if recognized.

        The Company recognizes interest and penalties related to unrecognized tax benefits as income tax expense. There is no interest or penalties accrued related to unrecognized tax benefits for the 2015, 2014 and 2013 and no liability for accrued interest and penalties related to unrecognized tax benefits as of December 31, 2015.

        The Company does not expect any significant change in its unrecognized tax benefits during the next twelve months.