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Income taxes
9 Months Ended
Sep. 30, 2016
Income taxes  
Income taxes

13.     Income taxes

 

In January 2015, we licensed certain intellectual property rights related to our non-partnered clinical programs to our wholly-owned subsidiary in Switzerland. Although the license of intellectual property rights did not result in any gain or loss in the condensed consolidated statements of operations, the transaction generated a taxable gain in the U.S, and we are utilizing available federal and state net operating loss carryforwards to offset the majority of this gain. Any taxes incurred related to intercompany transactions are treated as prepaid tax in our condensed consolidated balance sheets and amortized to income tax expense over the life of the intellectual property.   Any cash taxes anticipated to be paid related to this intercompany transaction are immaterial.

 

In January 2016, the Delaware Competes Act (the “Act”) was enacted by the State of Delaware, which changes the corporate income tax apportionment formula to a single sales factor apportionment formula by 2020.  As a qualified Delaware headquarter company under the Act, we may elect to use either a three-factor apportionment or single sales factor starting in 2017.  We are currently evaluating the impact of the law change and the apportionment election available to us starting in 2017.

 

During the nine months ended September 30, 2016, we recorded a $9.6 million increase to our uncertain tax positions related to judgements associated with our claims for federal research and development tax credits.  This amount was recorded as a direct reduction of related deferred tax assets as of September 30, 2016.  As the related deferred tax assets carry a full valuation allowance, the reduction has no impact on our financial position or results of operations.