Income Taxes

12 Months Ended

Dec. 31, 2021

Income Tax Disclosure [Abstract]

Income Taxes

(10)Income Taxes

The Company recognizes interest and penalties related to uncertain tax positions within the provision for income taxes. Interest and penalties related to any uncertain tax positions have historically been insignificant. The total amount of unrecognized tax benefits that would affect the Company’s effective tax rate if recognized is $7.9 million and $5.6 million as of December 31, 2021 and 2020, respectively. The Company recognized interest related to uncertain tax positions of $0.9 million and nil for the years ended December 31, 2021 and 2020, respectively. No penalties have been recognized in conjunction with these positions.

The following is a reconciliation of the total amounts of unrecognized tax benefits for the years ended December 31, 2021, 2020 and 2019:

In thousands	2021			2020			2019
Beginning uncertain tax benefits	$	24,034		$	26,743		$	6,815
Prior year—increases		16			2,428			295
Prior year—decreases		(2,248	)		(5,391	)		—
Current year—increases		238			254			19,633
Ending uncertain tax benefits	$	22,040		$	24,034		$	26,743

The Company files income tax returns in the United States, Ireland and United Kingdom, or UK. The Company remains subject to tax examinations in the following jurisdictions as of December 31, 2021:

Jurisdiction	Tax Years
United States—Federal	2018-2021
United States—State	2012-2021
Ireland	2017-2021
United Kingdom	2020-2021

The Company does not expect any gross liabilities to expire in 2022 based on statutory lapses or audits.

The components of income (loss) from operations before taxes were as follows for the years ended December 31, 2021, 2020 and 2019:

In thousands	2021			2020			2019
United States	$	10,222		$	14,915		$	10,269
Ireland and United Kingdom		(4,368	)		(32,170	)		(32,750	)
Other		5,437			—			—
Total Income / (Loss) Before Taxes	$	11,291		$	(17,255	)	$	(22,481	)

The provision for income taxes shown in the accompanying consolidated statements of operations consists of the following for fiscal 2021, 2020 and 2019:

In thousands	2021			2020			2019
Current:
United States—Federal	$	2,690		$	45		$	—
United States—State		716			700			164
Foreign		156			—			—
Total current	$	3,562		$	745		$	164
Deferred:
United States—Federal		5,222			1,972			1,777
United States—State		(3,057	)		1,956			(914	)
Ireland and United Kingdom		(1,619	)		(26,793	)		1,278
Change in valuation allowance		(546	)		22,865			(2,141	)
Total deferred	$	—		$	—		$	—
Provision for income taxes	$	3,562		$	745		$	164

The provision for income taxes differs from the amount computed by applying the statutory income tax rate to income before taxes due to the following for fiscal 2021, 2020 and 2019:

In thousands	2021			2020			2019
Benefits from taxes at statutory rate	$	2,823		$	(4,314	)	$	(5,620	)
Rate differential		(4,416	)		128			3,009
Change in valuation reserves		(546	)		22,865			(2,141	)
Nondeductible employee compensation		5,249			6,122			5,472
Stock option/RSU windfall (shortfall)		81			(3,262	)		(14,342	)
ISO disqualifying disposition windfall		(219	)		(253	)		(2,849	)
Research and development credits		(1,170	)		(6,225	)		(1,607	)
Tax return to provision adjustments		(8,372	)		(138	)		(3,222	)
Net Operating Loss Carryback		—			(2,465	)		—
Cumulative translation adjustment		4,109			(10,852	)		2,025
Permanent and other		863			(4,283	)		(443	)
Tax reserves		5,160			3,422			18,799
Corscianto liquidation		—			—			1,727
Long-term debt from royalty-bearing instrument		—			—			(644	)
Provision for income taxes	$	3,562		$	745		$	164

The Company is subject to a corporate tax rate in Ireland of 25% for non-trading activities and 12.5% for trading activities. For the years ended December 31, 2021, 2020, and 2019, the Company applied the statutory corporate tax rate of 25% for Amarin Corporation plc, reflecting the non-trading tax rate in Ireland. However, for Amarin Pharmaceuticals Ireland Limited, a wholly-owned subsidiary of Amarin Corporation plc, the Company applied the 12.5% Irish trading tax rate. In the table above, the Company used Amarin Corporation plc’s 25% tax rate as the starting point for the reconciliation since it is the parent entity of the business.

On March 27, 2020, the Coronavirus Aid, Relief and Economic Security Act, or CARES Act, was enacted in the United States. Among other provisions, the CARES Act allows businesses to carry back net operating losses arising in years 2018 to 2020 to the five prior tax years. We recorded an income tax benefit of $2.5 million for the year ended December 31, 2020 as a result of these loss carrybacks and an income tax benefit of nil for the years ended December 31, 2021 and 2019, respectively.

In April 2016, the Company adopted ASU No. 2016-09, Compensation-Stock Compensation (Topic 718): Improvements to Share-Based Payment Accounting which changes the accounting for certain aspects of share-based payments to employees. One aspect of the standard requires that excess tax benefits and deficiencies that arise upon vesting or exercise of share-based payments be recognized

as an income tax benefit and expense in the income statement. Previously, such amounts were recognized as an increase and decrease in additional paid-in capital. This aspect of the standard was adopted prospectively, and accordingly the provisions for income taxes for the years ended December 31, 2021, 2020 and 2019 includes $0.1 million, $3.7 million and $21.9 million of excess tax benefits, respectively, arising from share-based payments during the period.

The income tax effect of each type of temporary difference comprising the net deferred tax asset as of December 31, 2021 and 2020 is as follows:

In thousands	December 31, 2021			December 31, 2020
Deferred tax assets:
Net operating losses	$	127,378		$	125,859
Stock-based compensation		8,563			7,565
Tax credits		15,803			14,690
Lease Liability		2,348			2,219
Other reserves and accrued liabilities		11,257			14,702
Gross deferred tax assets		165,349			165,035
Less: valuation allowance		(160,295	)		(160,841	)
Total deferred tax assets		5,054			4,194
Deferred tax liabilities:
Depreciation and amortization		(3,404	)		(2,399	)
Lease Asset		(1,639	)		(1,784	)
Other liabilities		(11	)		(11	)
Total deferred tax liabilities		(5,054	)		(4,194	)
Net deferred tax assets	$	—		$	—

The Company assesses whether it is more-likely-than-not that the Company will realize its deferred tax assets. The Company determined that it was more-likely-than-not that the Irish, U.S., UK, and Israeli net operating losses and the related deferred tax assets would not be realized in future periods and a full valuation allowance has been provided for all periods.

The following table reflects the activity in the valuation allowance for the years ended December 31, 2021 and 2020:

In thousands	2021			2020
Beginning valuation allowance	$	160,841		$	137,976
Increase as reflected in income tax expense		2,899			12,453
Cumulative translation adjustment		(3,445	)		10,412
Ending valuation allowance	$	160,295		$	160,841

During 2021, the Company recorded adjustments to its deferred tax accounts related to the impact of foreign exchange rate changes and to reconcile the financial statement accounts to the amounts expected to result in future income and deductions under local law, primarily as it relates to Irish net operating losses and deferred taxes for stock compensation. These adjustments were fully offset with valuation allowances based on the Company’s position with respect to the realizability of its recorded deferred tax assets.

The Company has combined U.S., Irish, UK, and Israeli net operating loss carryforwards of $849.9 million, which do not expire. The total net operating loss carryforwards decreased by approximately $50.6 million from the prior year primarily as a result of current year income generated by the Company’s U.S. and Irish subsidiaries, the impact of foreign exchange rate changes, and adjustments to reconcile the financial statement accounts to the amounts reported on the filed 2020 foreign tax returns. In addition, the Company has U.S. Federal tax credit carryforwards of $13.7 million and state tax credit carryforwards of $4.5 million. These amounts exclude the impact of any unrecognized tax benefits and valuation allowances. These carryforwards, which will expire between 2024 and 2040, may be used to offset future taxable income, if any.

As of December 31, 2021, there are no earnings that have been retained indefinitely for reinvestment by foreign subsidiary; therefore, no provision has been made for income taxes that would be payable upon the distribution of such earnings or the recovery of the Company’s investment in its subsidiaries as the amount of the related unrecognized deferred income tax liability is zero.

The Company's and its subsidiaries' income tax returns are periodically examined by various taxing authorities. The Company is currently under audit by the IRS for the Company’s 2018 U.S. income tax return, by the New Jersey Department of Treasury for the years 2012 to 2015 and by the New York Department of Finance for the years 2018 and 2019. Although the outcome of tax audits is always uncertain and could result in significant cash tax payments, the Company does not believe the outcome of these audits will have a material adverse effect on the Company's consolidated financial position or results of operations.