Note 9 - Income Taxes

12 Months Ended

Dec. 31, 2020

Notes to Financial Statements

Income Tax Disclosure [Text Block]

Note 9 — Income Taxes

The Company has incurred net losses since inception and, consequently, has not recorded any U.S. Federal and state income tax expense or benefit.

The components of loss before provision for income taxes were as followings:

	2020
Domestic	$	(176,613	)
Foreign		(6,201	)
Loss before provision for income taxes	$	(182,814	)

The differences between the Company’s effective tax rate and the statutory tax rate in 2020, 2019, and 2018, are as follows:

	2020			2019			2018
Income tax benefit at federal statutory rate (21% for 2020, 2019 and 2018)	$	(38,391	)	$	(22,868	)	$	(21,263	)
State and local income taxes net of federal tax benefit		(2,544	)		(1,591	)		(2,547	)
Permanent items		774			691			503
Rate change		(82	)		625			(29	)
Expiration of attribute carryforwards		3,774			3,976			2,183
Research and development tax credits		(4,080	)		(4,938	)		(4,905	)
Foreign rate differential		542			-			-
Other		1,456			281			18
Change in valuation allowance		38,551			23,824			26,040
Income tax expense	$	-		$	-		$	-

The Company recognizes the impact of a tax position in its financial statements if it is more likely than not that the position will be sustained on audit based on the technical merits of the position. The Company has concluded that it has an uncertain tax position pertaining to its research and development and orphan drug credit carryforwards. The Company has established these credits based on information and calculations it believes are appropriate and the best estimate of the underlying credit. Any changes to the Company’s unrecognized tax benefits are offset by an adjustment to the valuation allowance and there would be no impact on the Company’s financial statements. The Company does not expect its unrecognized tax benefits to change significantly over the next 12 months.

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

	2020		2019
Balance at January 1,	$	7,210	$	5,976
Additions to current period tax positions		1,020		1,234
Additions to prior period tax positions		−		−
Reductions to prior period tax provisions		−		−
Balance at December 31,	$	8,230	$	7,210

The Company’s ability to utilize the net operating loss and tax credit carryforwards in the future may be subject to substantial restrictions in the event of past or future ownership changes as defined in Section 382 of the Internal Revenue Code of 1986, as amended and similar state tax law.

Significant components of the Company’s deferred tax assets and liabilities are as follows:

	2020			2019
Deferred tax assets:
Net federal and state operating losses	$	159,939		$	155,190
Research and development credits		66,331			63,275
Royalty income		28,034			-
Stock-based compensation		10,732			9,786
Leasing obligations		1,135			1,070
Other		5,563			3,801
Total deferred tax assets		271,734			233,122
Deferred tax liabilities:
Fixed assets		(124	)		(114	)
Right of use asset		(854	)		(803	)
Total deferred tax liabilities		(978	)		(917	)
Valuation allowance		(270,756	)		(232,205	)
Net deferred tax assets	$	−		$	−

The majority of the Company’s deferred tax assets relate to net operating loss and research and development carryforwards that can only be realized if the Company is profitable in future periods. It is uncertain whether the Company will realize any tax benefit related to these carryforwards. Accordingly, the Company has provided a full valuation allowance against the net deferred tax assets due to uncertainties as to their ultimate realization. The valuation allowance will remain at the full amount of the deferred tax assets until it is more likely than not that the related tax benefits will be realized. The Company’s valuation allowance increased by $38,551, $23,824, and $26,040 in 2020, 2019, and 2018, respectively.

As of December 31, 2020, the Company had U.S. federal operating loss carryforwards of $677,109, state operating loss carryforwards of $494,608, foreign net operating losses of $6,427, and U.S. research and development and orphan drug credit carryforwards of $74,561, which will expire at various dates from 2021 through 2040. Federal losses, state losses, research and development credit carryforwards began expiring in 2020. The foreign net operating losses have an indefinite carryforward period.

Tax years 2017-2020 remain open to examination by the major taxing jurisdictions to which the Company is subject. Additionally, years prior to 2017 are also open to examination to the extent of loss and credit carryforwards from those years. The Company recognizes interest and penalties accrued related to unrecognized tax benefits as components of its income tax provision. However, there were no provisions or accruals for interest and penalties in 2020, 2019 and 2018.