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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

12. 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.

 

Net loss before taxes

For the years ended December 31, 2019, 2018 and 2017, the income (loss) before provision for income taxes consist of the following (in thousands):

 

 

 

Years Ended December 31,

 

 

 

2019

 

 

2018

 

 

2017

 

Domestic

 

$

9,155

 

 

$

5,966

 

 

$

5,184

 

Foreign

 

 

58,151

 

 

 

(170,394

)

 

 

(71,792

)

Total

 

$

67,306

 

 

$

(164,428

)

 

$

(66,608

)

 

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

 

 

 

Years Ended December 31,

 

 

 

2019

 

 

2018

 

 

2017

 

Current income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(423

)

 

$

(416

)

 

$

(1,533

)

State

 

 

(59

)

 

 

(131

)

 

 

(42

)

Foreign

 

 

 

 

 

0

 

 

 

6

 

Total current income taxes

 

 

(482

)

 

 

(547

)

 

 

(1,569

)

Deferred income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

34

 

 

 

(6

)

 

 

(477

)

State

 

 

 

 

 

 

 

 

297

 

Foreign

 

 

 

 

 

 

 

 

 

Total deferred income taxes

 

 

34

 

 

 

(6

)

 

 

(180

)

Total income tax provision

 

$

(448

)

 

$

(553

)

 

$

(1,749

)

 

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, 2019, 2018 and 2017 is as follows:

 

 

 

Years Ended December 31,

 

 

 

2019

 

 

2018

 

 

2017

 

Income tax expense at statutory rate

 

 

9.3

%

 

 

9.3

%

 

 

9.3

%

State income tax, net of federal benefit

 

 

(2.1

)%

 

 

0.7

%

 

 

0.3

%

Nondeductible expenses

 

 

(0.1

)%

 

 

0.0

%

 

 

0.0

%

Foreign rate differential

 

 

2.0

%

 

 

(0.4

%)

 

 

(2.5

%)

Statutory to US GAAP permanent differences

 

 

0.1

%

 

 

1.0

%

 

 

1.8

%

Stock-based compensation

 

 

(2.0

%)

 

 

1.4

%

 

 

(2.9

%)

Impact of deferred rate change

 

 

(12.2

%)

 

 

0.0

%

 

 

0.0

%

Research credits

 

 

(5.2

)%

 

 

1.8

%

 

 

0.8

%

Change in valuation allowance

 

 

10.9

%

 

 

(14.1

%)

 

 

(9.4

%)

Effective income tax rate

 

 

0.7

%

 

 

(0.3

%)

 

 

(2.6

%)

 

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):

 

 

 

Years Ended December 31,

 

 

 

2019

 

 

2018

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

31,496

 

 

$

25,418

 

Accruals and reserves

 

 

2,868

 

 

 

1,816

 

Operating lease liabilities

 

 

14,214

 

 

 

 

Deferred Rent

 

 

 

 

 

3,300

 

Other deferred tax assets

 

 

28

 

 

 

51

 

Stock-based compensation

 

 

5,217

 

 

 

2,871

 

Deferred revenue

 

 

(20

)

 

 

3,264

 

Research credit

 

 

7,150

 

 

 

3,322

 

Total deferred tax assets

 

 

60,953

 

 

 

40,042

 

Less valuation allowance

 

 

(45,913

)

 

 

(36,208

)

Net deferred tax assets

 

 

15,040

 

 

 

3,834

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Depreciation

 

 

(3,901

)

 

 

(3,785

)

Operating lease assets

 

 

(11,068

)

 

 

 

Intangible assets

 

 

(40

)

 

 

(49

)

Other deferred tax liabilities

 

 

(20

)

 

 

(22

)

Total deferred tax liabilities

 

 

(15,029

)

 

 

(3,856

)

Long term deferred taxes

 

$

11

 

 

$

(22

)

 

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 worldwide operating losses, the Company has concluded that it is more-likely-than-not that the benefit of its U.S. and non-U.S. deferred tax assets will not be realized. Accordingly, as of December 31, 2019 and 2018, the Company has provided a full valuation allowance against its net deferred tax assets in Switzerland, the United States and the UK for its TRACR subsidiary. The valuation allowance increased by $9.7 million during 2019, which is primarily attributable to increases in the tax rates in Switzerland as a result of tax reform beginning January 1, 2020, partially offset by 2019 taxable income.

 

As of December 31, 2019, the Company had available non-U.S. net operating loss carryforwards of $526.1 million of which $262.3 million relate to Switzerland, $262.3 million relate to the Canton of Zug, and $1.5 million relate to the Company’s wholly-owned subsidiary in the United Kingdom. The net operating losses generated in Switzerland and the Canton of Zug begin to expire in 2022 and the net operating losses generated in the United Kingdom can be carried forward indefinitely.

As of December 31, 2019, the Company had U.S. domestic federal research and development credit carryforwards of $4.4 million which expire in 2039 for federal purposes, which are net of uncertain tax positions of $3.0 million. As of December 31, 2019, the Company had U.S. domestic state research and development credit carryforwards of $3.4 million which begin to expire in 2034, which are net of uncertain tax positions of $2.2 million.

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, 2019, the Company had gross unrecognized tax benefits of $5.2 million of which $4.8 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, 2019, 2018 and 2017, 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):

 

 

 

Years Ended December 31,

 

 

 

2019

 

 

2018

 

 

2017

 

Balance at beginning of year

 

$

1,595

 

 

$

354

 

 

$

163

 

Increases for tax positions taken during current period

 

 

2,754

 

 

 

1,212

 

 

 

178

 

Increases for tax positions taken in prior periods

 

 

882

 

 

 

29

 

 

 

13

 

Decreases for tax positions taken during current period

 

 

 

 

 

 

 

 

 

Decreases for tax positions taken in prior periods

 

 

 

 

 

 

 

 

 

Balance at end of year

 

$

5,231

 

 

$

1,595

 

 

$

354

 

 

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 tax years ending after December 31, 2015. Research credits generated in prior tax years that are closed for examination may still be adjusted upon future examination if they have or will be used in a future period. The Company is subject to income tax examinations by authorities in its non-U.S. jurisdictions for all years.