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Income Taxes (Tables)
12 Months Ended
Dec. 31, 2020
Income Taxes  
Income (loss) from operations before income taxes The provision for income taxes is based on income (loss) before provision for income taxes as follows (in thousands):

Year Ended December 31,

    

2020

    

2019

    

2018

 

U.S.

$

(16,609)

$

712,486

$

478,050

Non-U.S.

 

(215,609)

 

(225,695)

 

(362,703)

Income (loss) before provision for income taxes

$

(232,218)

$

486,791

$

115,347

Schedule of provision for income taxes

Our provision for income taxes consists of the following (in thousands):

Year Ended December 31,

    

2020

    

2019

    

2018

Current:

Federal

$

43,595

$

23,526

$

State

18,881

11,553

5,010

Foreign

 

1,353

 

5,183

 

1,303

63,829

40,262

6,313

Deferred:

State

(205)

111

Foreign

(350)

(172)

(570)

(350)

(377)

(459)

Total provision for income taxes

$

63,479

$

39,885

$

5,854

Schedule of reconciliation of income taxes at the U.S. federal statutory rate to the provision for income taxes

A reconciliation of income taxes at the U.S. federal statutory rate to the provision for income taxes is as follows (in thousands):

Year Ended December 31,

    

2020

    

2019

    

2018

 

Provision (benefit) at U.S. federal statutory rate

$

(48,766)

$

102,226

$

24,223

Unbenefited future tax deductions and tax credits

 

105,923

 

(73,666)

 

(51,861)

Excess tax benefits related to share-based compensation

 

(9,750)

 

(13,418)

 

(8,233)

Foreign tax rate differential

30,412

25,419

37,061

Non-deductible officer compensation

7,418

5,213

4,114

Foreign-derived intangible income

(22,830)

(9,153)

Other

 

1,072

 

3,264

 

550

Provision for income taxes

$

63,479

$

39,885

$

5,854

Schedule of significant components of deferred tax assets and liabilities

Significant components of our deferred tax assets and liabilities are as follows (in thousands):

December 31,

  

2020

  

2019

 

Deferred tax assets:

Net operating loss carry forwards

$

128,088

$

102,001

Federal and state research credits

 

305,099

 

400,550

Capitalized research and development

 

43,806

 

46,188

Deferred revenue and accruals

 

27,467

 

13,609

Non-cash compensation

75,867

67,345

Acquisition-related contingent consideration

 

32,658

 

31,956

Intangibles, net

289,848

92,806

Long term investments

25,968

14,899

Other

 

26,303

 

21,885

Total gross deferred tax assets

 

955,104

 

791,239

Less valuation allowance for deferred tax assets

 

(930,209)

 

(770,497)

Net deferred tax assets

$

24,895

$

20,742

Deferred tax liabilities:

Property and equipment

$

(22,841)

$

(19,095)

Total gross deferred tax liabilities

 

(22,841)

 

(19,095)

Net deferred tax assets

$

2,054

$

1,647

Schedule of operating loss and tax credit carryforwards

As of December 31, 2020, the Company has net operating loss (“NOL”) carryforwards, research and development credit carryforwards and orphan drug tax credit carryforwards as follows (in thousands):

Amount

Expiring if not utilized

Net operating loss carryforwards

State

$

361,890

2021 through 2039; indefinite

Foreign

1,250,048

2021 through 2027

Research and development credit carryforwards

Federal

150,598

2036 through 2040

State

23,986

2021 through 2039; indefinite

Orphan drug tax credit carryforwards

162,653

2035 through 2040

Unrecognized tax benefits The following table summarizes the gross amounts of unrecognized tax benefits (in thousands):

Year Ended December 31,

2020

 

2019

Balance at beginning of year

$

24,251

$

22,395

Additions related to prior periods tax positions

3,953

 

726

Reductions related to prior periods tax positions

(216)

(82)

Additions related to current period tax positions

4,119

 

1,835

Settlements

(201)

Reductions due to lapse of applicable statute of limitations

(397)

(557)

Currency translation adjustment

88

(66)

Balance at end of year

$

31,597

$

24,251