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Income Taxes
12 Months Ended
Dec. 31, 2022
Income Taxes  
Income Taxes

18. INCOME TAXES

Details of the provision for income taxes consist of the following:

Year Ended December 31, 

    

2022

    

2021

2020

Federal

$

10,011

$

6,487

$

(6,416)

State

 

9,573

 

2,852

 

4,198

Valuation allowance

 

(96,366)

 

(6,508)

 

2,218

$

(76,782)

$

2,831

$

Current

$

9,161

$

2,831

$

Deferred

 

10,423

 

6,508

 

(2,218)

Valuation allowance

 

(96,366)

 

(6,508)

 

2,218

Total

$

(76,782)

$

2,831

$

The reasons for the difference between the statutory federal income tax rate and the Company’s effective income tax rate as of December 31, 2022, 2021 and 2020 are as follows:

Year Ended December 31, 

    

2022

    

2021

 

2020

Federal income tax rate

 

21.0

%  

21.0

%

21.0

%

Stock-based compensation

(4.9)

(2.3)

State taxes

 

(14.1)

 

6.4

(11.4)

Credits

(4.8)

Other

 

(0.3)

 

(0.2)

(3.6)

Valuation allowance

 

(70.2)

 

(17.3)

(6.0)

Total

 

(73.3)

%  

7.6

%

%

Significant components of the Company’s deferred tax assets and liabilities as of December 31, 2022 and 2021, are as follows:

    

As of December 31, 

2022

    

2021

Assets

    

Liabilities

Assets

    

Liabilities

Acquired in-process research and development

$

45,938

$

$

42,460

$

Net operating loss carryforward

 

6,370

 

 

29,739

 

Accrued compensation

 

11,551

 

 

6,285

 

Credits

 

 

 

168

 

Disallowed interest

 

 

 

7,635

 

Lease obligations, net

 

71

 

 

123

 

Fixed assets

 

115

 

 

124

 

Inventory

 

6,781

 

 

6,294

 

Accrued rebates

7,118

4,564

Research and development

8,802

Other

 

15

 

818

 

70

 

1,096

Total

$

86,761

 

818

$

97,462

 

1,096

Net deferred tax asset

$

85,943

$

$

96,366

$

Valuation allowance

$

$

$

(96,366)

$

Total

$

85,943

$

$

$

As of December 31, 2022 and December 31, 2021, our deferred tax assets were primarily the result of acquired in-process research and development costs, operating loss carryforwards, capitalized research and development costs, disallowed interest, inventory, and accrued rebates. A valuation allowance of $96,366 was recorded against our net deferred tax asset balance as of December 31, 2021. We recorded a tax benefit of $74,474 as a discrete item in the year ended December, 2022 related to the release of a valuation allowance on certain deferred tax assets, net, which had accumulated through December 31, 2021. We also recorded a tax benefit of $21,892 as a component to our current year effective tax rate in the year ended December 31, 2022, related to deferred tax assets, net, which were utilized in the current period.

As of each reporting date, the Company considers new evidence, both positive and negative, that could affect its view of the future realization of deferred tax assets. During the year ended December 31, 2022, in part because in the current year we achieved three years of cumulative pretax income, which is a positive indication of the Company’s ability to generate sufficient future taxable income, the Company determined that there was sufficient positive evidence to conclude that it is more likely than not that additional deferred taxes are realizable and, therefore, released the valuation allowance accordingly. Changes in the valuation allowance for deferred tax assets during the years ended December 31, 2022, 2021 and 2020 were as follows:

Year Ended December 31, 

    

2022

    

2021

2020

Valuation allowance at the beginning of the year

$

(96,366)

$

(102,874)

$

(100,656)

Decreases recorded as a benefit to income tax provision

 

96,366

 

6,508

 

Increases recorded to income tax provision

(2,218)

Valuation allowance at the end of the year

$

$

(96,366)

$

(102,874)

As of December 31, 2022 and 2021, the Company has approximately $0 and $98,069, respectively, of federal net operating loss ("NOL") carryforward available to offset future federal taxable income. The Company also has approximately $95,230 and $120,074 of state NOL carryforwards as of December 31, 2022 and 2021, respectively, available to offset future state taxable income. All of the Company’s tax years remain open to examination by federal and state taxing authorities. The Company’s state NOLs begin to expire in 2037. Utilization of the net operating loss carryforwards may be subject to a substantial limitation due to state provisions. These changes may limit the amount of net operating loss and tax credit carryforwards that can be utilized annually to offset future taxable income and tax, respectively. In general, an “ownership change” as defined by Section 382 of the Code results from a transaction or series of transactions over a three-year period resulting in an ownership change of more than 50 percentage points of the outstanding stock of a company by certain stockholders or public groups.

As of December 31, 2022 and 2021, the Company has federal tax credits of $0 and $168, respectively.