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INCOME TAXES
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes
INCOME TAXES
The income tax benefit consists of the following for the years ended December 31, 2019, 2018 and 2017 (in thousands):
 
2019
 
2018
 
2017
US federal income tax (benefit) expense:
 
 
 
 
 
Current
$

 
$

 
$

Deferred
(3,072
)
 
(2,688
)
 
(21,944
)
 
(3,072
)
 
(2,688
)
 
(21,944
)
State income tax (benefit) expense:
 
 
 
 
 
Current
2,074

 
1,176

 
1,244

Deferred
(1,276
)
 
(1,141
)
 
2,115

 
798

 
35

 
3,359

Total income tax benefit
$
(2,274
)
 
$
(2,653
)
 
$
(18,585
)

The difference between the statutory federal income tax rate and the effective tax rate is as follows for the years ended December 31, 2019, 2018 and 2017:
 
2019
 
2018
 
2017
US federal statutory tax rate
21.0
 %
 
21.0
 %
 
35.0
 %
US federal statutory tax rate change

 

 
115.9

State income taxes - net of federal benefit
(0.5
)
 
2.4

 
(10.1
)
Valuation allowance
(13.4
)
 

 

Changes in uncertain tax positions

 
14.7

 
(8.8
)
Non-deductible expenses
(3.5
)
 
(7.5
)
 
(5.6
)
Other, net
(0.7
)
 
(0.3
)
 

Effective income tax rate
2.9
 %
 
30.3
 %
 
126.4
 %

The components of deferred income tax assets and liabilities using the 21% U.S. Federal statutory tax rate were as follows as of December 31, 2019 and 2018 (in thousands):
 
2019
 
2018
Deferred tax assets:
 
 
 
Price concessions
$
12,302

 
$
14,879

Compensation and benefits
3,672

 
1,925

Interest limitation carryforward
38,623

 
3,486

Operating lease liability
19,462

 
1,640

Net operating losses
147,749

 
10,155

Other
5,506

 
3,644

Deferred tax assets before valuation allowance
227,314

 
35,729

Valuation allowance
(109,531
)
 
(1,373
)
Deferred tax assets net of valuation allowance
117,783

 
34,356

 
 
 
 
Deferred tax liabilities:
 
 
 
Accelerated depreciation
(10,376
)
 
(9,483
)
Operating lease right-of-use asset
(15,442
)
 

Intangible assets
(71,204
)
 
(39,977
)
Goodwill
(20,250
)
 
(14,700
)
Other
(2,654
)
 
(3,677
)
Deferred tax liabilities
(119,926
)
 
(67,837
)
Net deferred tax liabilities
$
(2,143
)
 
$
(33,481
)

As a result of the Merger, the Company recorded a full valuation allowance against all of its net U.S. federal and state deferred tax assets with the exception of $0.8 million of estimated state net operating losses (“NOL”). The initial recognition of this valuation allowance by the Company was reflected in the opening balance sheet of BioScrip and, to that extent, did not impact the Company’s tax expense (benefit) for the year ended December 31, 2019. The valuation allowance for deferred tax assets as of December 31, 2019 was $109.5 million.

In assessing the realizability of deferred tax assets, the Company considers whether it is more likely than not that some or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets depends on the generation of future taxable income during the periods in which those temporary differences are deductible. The Company considers the scheduled reversal of deferred tax liabilities (including the effect in available carryback and carryforward periods), projected taxable income, and tax-planning strategies in making this assessment. On a quarterly basis, the Company evaluates the positive and negative evidence in determining if the valuation allowance is fairly stated.

The Company is subject to taxation in the United States and various states. As a result of the Merger, BioScrip carried over $461.5 million of federal net operating losses, $491.9 million of state net operating losses, and $85.0 million of interest limitation carryforwards. At December 31, 2019, the Company had $541.0 million of gross federal NOL carryforwards of which $401.2 million are available to offset future taxable income in the United States. These NOL’s will begin to expire in 2026 if not utilized. The remaining gross federal NOL’s of $139.8 million at December 31, 2019 are expected to expire unutilized due to limitations under Internal Revenue Code Section 382. At December 31, 2018, the Company had $38.1 million of gross federal NOL’s. At December 31, 2019 and 2018, the Company had $156.6 million and $13.6 million of interest limitation carryforwards. At December 31, 2019 and 2018, the Company also had $601.9 million and $43.5 million of cumulative gross state NOL carryforwards available to offset future taxable income in various states.

At December 31, 2019 and 2018, the unrecognized tax benefits for uncertain tax positions was $0.

The following table presents the valuation allowance for deferred tax assets for the years ended December 31, 2019, 2018 and 2017 (in thousands):
 
 
 
Additions
 
 
Description
Balance at Beginning of Period
 
Charged (Benefit) to Costs and Expenses
 
Charged to Other Accounts
 
Balance at End Period
 
 
 
 
 
 
 
 
2017: Valuation allowance for deferred tax assets
$
765

 
$
498

 
$

 
$
1,263

 
 
 
 
 
 
 
 
2018: Valuation allowance for deferred tax assets
$
1,263

 
$
110

 
$

 
$
1,373

 
 
 
 
 
 
 
 
2019: Valuation allowance for deferred tax assets
$
1,373

 
$
15,395

 
$
92,763

 
$
109,531



Currently, the Company is not subject to any U.S. Federal income tax audits. The Company is subject to various state tax audits, and believes that the outcome of these audits will not have a material impact on the Company.