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Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

11. Income Taxes

The components of the Company’s income tax (benefit) expense are as follows:

 

 

 

Year Ended December 31,

 

(in thousands)

 

2020

 

 

2019

 

 

2018

 

Current

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

235

 

 

$

20,012

 

 

$

10,368

 

State

 

 

848

 

 

 

2,592

 

 

 

620

 

 

 

 

1,083

 

 

 

22,604

 

 

 

10,988

 

Deferred

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(7,472

)

 

 

(4,670

)

 

 

(1,789

)

State

 

 

(3,438

)

 

 

(1,004

)

 

 

(644

)

 

 

 

(10,910

)

 

 

(5,674

)

 

 

(2,433

)

Total income tax (benefit) expense

 

$

(9,827

)

 

$

16,930

 

 

$

8,555

 

 

The reconciliation of the income tax (benefit) expense computed at the U.S. Federal statutory rate of 21% to the Company's income tax (benefit) expense is as follows:

 

 

 

Year Ended December 31,

 

(in thousands)

 

2020

 

 

2019

 

 

2018

 

Income taxes computed at Federal

   statutory rate

 

$

(63,725

)

 

$

17,425

 

 

$

10,993

 

State income taxes

 

 

(2,768

)

 

 

988

 

 

 

(154

)

Stock-based compensation

 

 

609

 

 

 

313

 

 

 

(99

)

Excess tax benefits related to stock-

   based compensation

 

 

(19,961

)

 

 

(788

)

 

 

(1,276

)

Research and development credits

 

 

(3,541

)

 

 

(1,661

)

 

 

(858

)

Nondeductible officers' compensation

 

 

79,046

 

 

 

 

 

 

 

(Decrease) increase in valuation

   allowance

 

 

(293

)

 

 

380

 

 

 

 

Other

 

 

806

 

 

 

273

 

 

 

(51

)

Income tax (benefit) expense

 

$

(9,827

)

 

$

16,930

 

 

$

8,555

 

Effective income tax rate

 

 

3.2

%

 

 

20.4

%

 

 

16.3

%

 

The components of the net deferred tax assets are as follows:

 

 

 

December 31,

 

(in thousands)

 

2020

 

 

2019

 

Deferred tax assets

 

 

 

 

 

 

 

 

Other assets

 

$

2,303

 

 

$

3,108

 

Lease liabilities

 

 

8,747

 

 

 

9,111

 

Stock-based compensation

 

 

4,422

 

 

 

840

 

Research and development credits, net

   of reserves

 

 

4,146

 

 

 

1,845

 

Tax credit carryforward

 

 

296

 

 

 

 

Charitable contribution carryforward

 

 

8,403

 

 

 

 

Goodwill

 

 

9,329

 

 

 

2,524

 

Net operating losses

 

 

215

 

 

 

570

 

Total deferred tax assets

 

 

37,861

 

 

 

17,998

 

Valuation allowance

 

 

(268

)

 

 

(561

)

Deferred tax assets, net of valuation

   allowance

 

 

37,593

 

 

 

17,437

 

Deferred tax liabilities

 

 

 

 

 

 

 

 

Other liabilities

 

 

(825

)

 

 

(214

)

Lease assets

 

 

(6,377

)

 

 

(9,002

)

Property and equipment

 

 

(4,621

)

 

 

(335

)

Capitalized software

 

 

(4,557

)

 

 

(1,072

)

Intangible assets

 

 

(8,096

)

 

 

(4,607

)

Total deferred tax liabilities

 

 

(24,476

)

 

 

(15,230

)

Net deferred tax assets

 

$

13,117

 

 

$

2,207

 

 

The Company regularly reviews its deferred tax assets for recoverability and establishes a valuation allowance when it is more likely that some portion, or all, of the deferred tax assets will not be realized.  In making the assessment, the Company is required to consider all available positive and negative evidence to determine whether, based on such evidence, it is more likely than not that some portion or all of the net deferred tax assets will not be realized in future periods.  At December 31, 2020, the Company has recorded a valuation allowance of $0.3 million for certain deferred tax assets, primarily related to U.S. net operating loss carryforwards ("NOLs") generated by the Professional Service Corporations (“PSCs”) as sufficient uncertainty exists regarding the future realization of these assets.

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law, featuring significant tax provisions and other measures to assist individuals and businesses impacted by the economic effects of the COVID-19 pandemic. The CARES Act increased the Section 163(j) interest expense deduction limitation from 30% to 50% of adjusted taxable income, provided for the payment deferral of certain Social Security taxes, made a technical correction allowing Qualified Improvement Property to be treated as 15-year property, and included numerous other provisions. The CARES Act increased the Company’s interest expense deduction applicable to the 2019 tax year resulting in a reduction of deferred tax assets and a corresponding reduction in income taxes payable of  approximately $2.3 million during the quarter ended March 31, 2020.

At December 31, 2020, the Company had U.S. NOLs of $2.9 million available to reduce future federal income taxes.  An immaterial portion of these federal NOLs expire in 2037 and the remaining NOLs may be carried over indefinitely.  The Company had state NOLs of $1.3 million available to reduce future state income taxes which expire in varying amounts beginning 2029.  In 2020, there was a change in ownership of the PSCs. Section 382 of the Internal Revenue Code (“IRC”) limits the utilization of U.S. NOLs following a change of control. As the 2020 change in ownership in the PSCs constitutes a change of control, the Company estimates that approximately $2.2 million of its U.S. NOLs carryforward generated by the PSCs are limited by Section 382. Any adjustment to the estimated Section 382 limitation would not be material to the consolidated financial statements as a full valuation allowance has been established against the NOLs from the PSCs due to uncertainty regarding their future realization.

The Company had California Competes tax credit carryforwards in the amount of $0.4 million available to offset future California income taxes as of December 31, 2020. Under current California law, unused California Competes tax credits may be carried forward for up to six years. At December 31, 2020, the Company also had California research and development tax credit carryforwards in the amount of $7.8 million to offset future California income taxes. Unused California research credits may be carried forward indefinitely.  Utilization of these tax credits may be subject to an annual limitation based on changes in ownership, as defined by Section 382/383 of the IRC, as amended.

At December 31, 2020, the tax years 2017 and forward are subject to examination by the IRS, and the tax years 2016 and forward are subject to examination by the various state taxing jurisdictions in which the Company is subject to tax. Currently, income tax audits are occurring in the state of New York and Illinois.

A reconciliation of the beginning and ending amount of gross unrecognized tax benefits is as follows:

 

(in thousands)

 

 

 

 

Gross unrecognized tax benefits at

   December 31, 2017

 

$

865

 

Increases related to prior year tax positions

 

 

458

 

Increases related to current year tax positions

 

 

3,186

 

Gross unrecognized tax benefits at

   December 31, 2018

 

 

4,509

 

Decreases related to prior year tax positions

 

 

(879

)

Increases related to current year tax positions

 

 

744

 

Gross unrecognized tax benefits at

   December 31, 2019

 

 

4,374

 

Increases related to prior year tax positions

 

 

126

 

Increases related to current year tax positions

 

 

3,327

 

Settlements with taxing authorities

 

 

(119

)

Lapse of statute of limitations

 

 

(317

)

Gross unrecognized tax benefits at

   December 31, 2020

 

$

7,391

 

 

As of December 31, 2020, the Company had unrecognized tax benefits of $7.4 million, $6.7 million of which, if recognized, would impact its effective tax rate.

The Company estimates unrecognized tax benefits will decrease by $0.5 million in 2021 due to the expiration of statute of limitations.

At December 31, 2020 and 2019, accrued interest and penalties related to uncertain tax positions were $0.2 million and $0.1 million, respectively.