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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes

14. Income Taxes

The Company is subject to U.S. federal and various state corporate income taxes as well as taxes in foreign jurisdictions for the foreign parent and where foreign subsidiaries have been established. For the years ended December 31, 2016, 2015 and 2014, the loss before provision for income taxes consist of the following (in thousands):

 

 

 

Year ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

Domestic

 

$

3,322

 

 

$

593

 

 

$

 

Foreign

 

 

(26,040

)

 

 

(26,414

)

 

 

(6,863

)

Total

 

$

(22,718

)

 

$

(25,821

)

 

$

(6,863

)

 

The provision for (benefit from) income taxes consist of the following (in thousands):

 

 

 

Year ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

Current income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(649

)

 

$

(23

)

 

$

 

State

 

 

11

 

 

 

(12

)

 

 

 

Foreign

 

 

17

 

 

 

(26

)

 

 

(11

)

Total current income taxes

 

 

(621

)

 

 

(61

)

 

 

(11

)

Deferred income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

30

 

 

 

(37

)

 

 

 

State

 

 

105

 

 

 

65

 

 

 

 

Foreign

 

 

2

 

 

 

26

 

 

 

74

 

Total deferred income taxes

 

 

137

 

 

 

54

 

 

 

74

 

Total income tax (provision) benefit

 

$

(484

)

 

$

(7

)

 

$

63

 

 

A reconciliation of income tax expense computed at the statutory corporate income tax rate to the effective income tax rate for the years ended December 31, 2016, 2015 and 2014 is as follows:

 

 

 

Year ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

Income tax expense at statutory rate

 

 

10.3

%

 

 

10.3

%

 

 

10.3

%

State income tax, net of federal benefit

 

 

1.3

%

 

 

0.1

%

 

 

0.0

%

Nondeductible expenses

 

 

1.6

%

 

 

0.0

%

 

 

0.0

%

Foreign rate differential

 

 

(3.3

%)

 

 

(1.4

%)

 

 

1.8

%

Statutory to US GAAP permanent differences

 

 

6.6

%

 

 

0.0

%

 

 

0.0

%

Stock-based compensation

 

 

(4.9

%)

 

 

(1.4

%)

 

 

(1.1

%)

Research credits

 

 

3.1

%

 

 

0.6

%

 

 

0.0

%

Change in valuation allowance

 

 

(16.8

%)

 

 

(8.2

%)

 

 

(10.1

%)

Effective income tax rate

 

 

(2.1

%)

 

 

0.0

%

 

 

0.9

%

 

The federal statutory rate reflects the Switzerland mixed company service rate.

 

Deferred taxes are recognized for temporary differences between the basis of assets and liabilities for financial statement and income tax purposes. The significant components of the Company’s deferred tax assets are comprised of the following (in thousands):

 

 

 

Year ended December 31,

 

 

 

2016

 

 

2015

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

3,934

 

 

$

2,600

 

Accruals and reserves

 

 

791

 

 

 

189

 

Deferred Rent

 

 

5,228

 

 

 

 

Other deferred tax assets

 

 

7

 

 

 

72

 

Deferred revenue

 

 

2,525

 

 

 

406

 

Research credit

 

 

425

 

 

 

104

 

Total deferred tax assets

 

 

12,910

 

 

 

3,371

 

Less valuation allowance

 

 

(6,770

)

 

 

(2,892

)

Net deferred tax assets

 

 

6,140

 

 

 

479

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Depreciation

 

 

(5,909

)

 

 

(321

)

Intangible assets

 

 

(68

)

 

 

(80

)

Other deferred tax liabilities

 

 

 

 

 

(53

)

Total deferred tax liabilities

 

 

(5,977

)

 

 

(454

)

Long term deferred taxes

 

$

163

 

 

$

25

 

 

The Company has evaluated the positive and negative evidence bearing upon the realizability of its deferred tax assets. Based on the Company’s history of operating losses in its non-U.S. jurisdictions, the Company has concluded that it is more-likely-than-not that the benefit of its non-U.S. deferred tax assets will not be realized. Accordingly, the Company has provided a full valuation allowance against its net deferred tax assets in Switzerland, and in the UK for its TRACR subsidiary, as of December 31, 2016 and 2015. The valuation allowance increased by $3.9 million during 2016, which is primarily attributable to losses in Switzerland. Additionally, the Company has established a valuation allowance for certain U.S. deferred tax assets.

As of December 31, 2016, the Company had available non-U.S. net operating loss carryforwards of $41.7 million which begin to expire in 2020. As of December 31, 2016, the Company has U.S. domestic state research and development credit carryforwards of $0.2 million which begin to expire in 2031.

As of December 31, 2016, the Company has U.S. domestic federal research and development credit carryforwards of $0.3 million which expire in 2036.

ASC 740 clarifies the accounting for uncertainty in income taxes recognized in an enterprise’s financial statement by prescribing the minimum recognition threshold and measurement of a tax position taken or expected to be taken in a tax return.

As of December 31, 2016 the Company had gross unrecognized tax benefits of $0.2 million of which $0.1 million would favorably impact the effective tax rate if recognized. The Company will recognize interest and penalties related to uncertain tax positions in income tax expense. As of December 31, 2016, 2015 and 2014, the Company had no accrued interest or penalties related to uncertain tax positions and no amounts have been recognized in the Company’s consolidated statements of operations and comprehensive loss.

The aggregate changes in gross unrecognized tax benefits was as follows (in thousands):

 

 

 

Year ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

Balance at beginning of year

 

$

49

 

 

$

 

 

$

 

Increases for tax positions taken during current period

 

 

134

 

 

 

49

 

 

 

 

Increases for tax positions taken in prior periods

 

 

 

 

 

 

 

 

 

Decreases for tax positions taken during current period

 

 

 

 

 

 

 

 

 

Decreases for tax positions taken in prior periods

 

 

(20

)

 

 

 

 

 

 

Balance at end of year

 

$

163

 

 

$

49

 

 

$

 

 

The Company files income tax returns in the U.S. federal jurisdiction, Massachusetts, and certain non-U.S. jurisdictions. The Company is subject to U.S. federal, Massachusetts, and non-U.S. income tax examinations by authorities for all tax years.