8. Income Taxes

12 Months Ended

Dec. 31, 2020

Income Tax Disclosure [Abstract]

Income Taxes

8. INCOME TAXES

Acacia’s income tax benefit (expense) for the fiscal periods presented consisted of the following:

	2020			2019
	(in thousands)
Current:
Federal	$	–		$	–
State		(66	)		(34	)
Foreign		1,225			1,858
Total current		1,159			1,824
Deferred:
Federal		–			–
State		–			–
Total deferred		–			–
Income tax benefit	$	1,159		$	1,824

The tax effects of temporary differences and carryforwards that give rise to significant portions of deferred tax assets and liabilities consist of the following at December 31, 2020 and 2019:

	2020			2019
	(in thousands)
Deferred tax assets:
Net operating loss and capital loss carryforwards and credits	$	113,561		$	112,280
Unrealized loss on investments held at fair value		0			538
Stock compensation		497			358
Fixed assets and intangibles		677			1,316
Basis of investments in affiliates		254			300
Accrued liabilities and other		762			631
State taxes		15			25
Total deferred tax assets		115,766			115,448
Valuation allowance		(76,969	)		(115,077	)
Total deferred tax assets, net of valuation allowance		38,797			371
Deferred tax liabilities:
ROU Asset		(330	)		(347	)
Unrealized loss on investments held at fair value		(38,374	)		–
Other		(93	)		(24	)
Total deferred tax liabilities		(38,797	)		(371	)
Net deferred tax assets (liabilities)	$	–		$	–

A reconciliation of the federal statutory income tax rate and the effective income tax rate is as follows:

	2020		2019
Statutory federal tax rate - (benefit) expense		21%		21%
State income and foreign taxes, net of federal tax effect		(1)%		7%
Foreign tax credit		–%		–%
Noncontrolling interests in operating subsidiaries		–%		–%
Nondeductible permanent items		11%		1%
Change in tax rate		–%		–%
Expired capitalized loss		–%		(2)%
Valuation allowance		(33)%		(13)%
Other		1%		(4)%
		(1)%		10%

For the periods presented, the Company recorded full valuation allowances against its net deferred tax assets due to uncertainty regarding future realization pursuant to guidance set forth in ASC 740, “Income Taxes.” In future periods, if the Company determines it will more likely than not be able to realize certain of these amounts, the applicable portion of the benefit from the release of the valuation allowance will generally be recognized in the consolidated statements of operations in the period the determination is made.

At December 31, 2020, Acacia had U.S. federal and state income tax net operating loss carryforwards (“NOLs”) totaling approximately $274,283,000 and $13,809,000, respectively. For federal income tax purposes, our NOL carryovers generated for tax years beginning before January 1, 2018 will begin to expire in 2026. Pursuant to the Tax Cuts and Jobs Act enacted by the U.S. federal government in December 2017, for federal income tax purposes, NOL carryovers generated for our tax years beginning January 1, 2018 can be carried forward indefinitely but will be subject to a taxable income limitation. Our capital loss carryovers totaled $11,155,000 at December 31, 2020, expiring in 2029. For state income tax purposes, our NOLs will expire between 2028 and 2040.

As of December 31, 2020, Acacia had approximately $50,973,000 of foreign tax credits, expiring between 2021 and 2026. In general, foreign taxes withheld may be claimed as a deduction on future U.S. corporate income tax returns, or as a credit against future U.S. income tax liabilities, subject to certain limitations.

Tax expense (benefit) for the periods presented primarily reflects foreign taxes withheld and refunded on revenue agreements executed with licensees in foreign jurisdictions and other state taxes. Excluding the impact of the change in valuation allowance, annual effective tax rates were 32% for fiscal year 2020 and 23% for fiscal year 2019. Results for fiscal year 2020 included an unrealized gain on our investment in Veritone which created a deferred tax liability totaling approximately $590,000, and an unrealized gain on our investment in the LF equity income fund portfolio which created a deferred tax liability totaling approximately $37,706,000. Results for fiscal year 2019 included an unrealized loss on Acacia’s investment in Veritone which created a deferred tax asset totaling approximately $538,000.

Acacia is subject to taxation in the U.S. and in various state jurisdictions and incurs foreign tax withholdings on revenue agreements with licensees in certain foreign jurisdictions. With no material exceptions, Acacia is no longer subject to U.S. federal or state examinations by tax authorities for years before 2016. The California Franchise Tax Board audited the 2011 through 2016 California combined income tax returns. The California Franchise Tax Board has proposed adjustments for 2011 through 2016 that will result in a reduction in our net operating loss carryforward deferred tax asset of $571,000. As those NOL’s have been subject to a full valuation allowance, the impact of these adjustments has no impact to the consolidated statements of operations for the periods presented.

At both December 31, 2020 and 2019, the Company had total unrecognized tax benefits of approximately $731,000. No interest and penalties have been recorded for the unrecognized tax benefits for the periods presented. At December 31, 2020, if recognized, approximately $731,000 of tax benefits, net of valuation allowance, would impact the Company’s effective tax rate. The Company does not expect that the liability for unrecognized tax benefits will change significantly within the next 12 months.

Acacia recognizes interest and penalties with respect to unrecognized tax benefits in income tax expense (benefit). Acacia has identified no uncertain tax position for which it is reasonably possible that the total amount of unrecognized tax benefits will significantly increase or decrease within 12 months.