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INCOME TAXES
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
The provision for (benefit from) income taxes was based on loss before income taxes as follows:
Years Ended December 31
201920182017
U.S. Source$(182,112) $(128,700) $(19,461) 
Non-U.S. Source87,301  (14,005) (16,414) 
Loss before income taxes$(94,811) $(142,705) $(35,875) 
The U.S. and foreign components of the provision for (benefit from) income taxes were as follows:

Years Ended December 31,
201920182017
Provision for (benefit from) current income tax expense:
Federal$5,127  $(2,660) $29,848  
State and local1,331  588  2,880  
Foreign5,339  4,956  3,975  
11,797  2,884  36,703  
Provision for (benefit from) deferred income taxes:
Federal(58,311) (72,074) 12,446  
State and local(5,394) (994) 32,336  
Foreign(19,055) 4,690  (318) 
(82,760) (68,378) 44,464  
Provision for (benefit from) income taxes$(70,963) $(65,494) $81,167  
On December 22, 2017, the Tax Cuts and Jobs Act (the 2017 Tax Act) was signed into law and resulted in significant changes to the U.S. corporate income tax system. These changes included a federal statutory rate reduction from 35% to 21% and the elimination or reduction of certain domestic deductions and credits, including a 50% reduction in the orphan drug credit benefit. The 2017 Tax Act changed U.S. international taxation from a worldwide basis to a modified territorial system that includes base erosion prevention measures on foreign earnings. This has resulted in the Company’s foreign subsidiaries being subject to U.S. taxation in the current year. Changes to tax laws and tax rates are required to be accounted for in the period of the enactment, therefore the Company’s tax expense for the year ended December 31, 2017 included the impact of the 2017 Tax Act.
In December 2017, the SEC staff issued Staff Accounting Bulletin No. 118, Income Tax Accounting Implications of the Tax Cuts and Jobs Act (SAB 118), which allowed companies to record provisional amounts during a measurement period not to extend beyond one year of the enactment date. As a result, the Company previously provided a provisional estimate of the effect of the 2017 Tax Act in its 2017 financial statements. In the fourth quarter of 2018, the Company completed its analysis to determine the effect of the 2017 Tax Act and recorded immaterial adjustments as of December 31, 2018. The Company has elected to account for Global Intangible Low-taxed Income (GILTI) as a current period expense when incurred.
The following is a reconciliation of the statutory federal income tax (benefit) expense to the Company’s effective tax rate:
December 31,
201920182017
Federal statutory income tax benefit$(19,911) $(29,968) $(12,556) 
State and local taxes(2,784) (276) 7,282  
Orphan Drug & General Business Credit(43,124) (66,451) (33,683) 
Stock compensation expense239  (5,647) (6,843) 
Changes in the fair value of contingent consideration(1,804) (2,361) 1,099  
Foreign Source Income Subject to US Tax(52) 6,543  30,181  
Foreign tax rate differential (1)
(30,639) 12,583  9,403  
Section 162(m) limitation8,294  7,440  9,492  
Tax Cuts and Jobs Act of 2017—  —  42,338  
Tax Reserves12,123  8,545  2,262  
Other(1,132) (423) (2,940) 
Valuation allowance/deferred benefit7,827  4,521  35,132  
Effective income tax (benefit) expense$(70,963) $(65,494) $81,167  
(1)  For the year ended December 31, 2019, the foreign rate differential included foreign local tax expense which was at an effective rate lower than the U.S. statutory rate and was offset by the benefit of the valuation allowance release against the deferred tax assets of the Company’s Dutch subsidiary of $29.6 million.
The significant components of the Company’s net deferred tax assets were as follows:
December 31,
20192018
Net deferred tax assets:
Net operating loss carryforwards$32,181  $42,007  
Tax credit carryforwards508,560  466,066  
Accrued expenses, reserves, and prepaids61,807  55,041  
Intangible assets29,413  18,734  
Stock-based compensation42,873  35,966  
Lease liabilities11,470  —  
Inventory6,290  12,859  
Other575  278  
Valuation allowance(86,197) (107,928) 
Total deferred tax assets606,972  523,023  
Joint venture basis difference(993) (1,010) 
Acquired intangibles(1,647) (6,508) 
Deferred revenue(3,003) (4,480) 
Convertible notes discount(2,364) (5,157) 
ROU assets(10,258) —  
Property, plant and equipment(46,642) (44,916) 
Total deferred tax liabilities(64,907) (62,071) 
Net deferred tax assets$542,065  $460,952  
In the second quarter of 2019, the Company determined that it is more likely than not that the deferred tax assets, including net operating losses and tax credit carryforwards of its Dutch subsidiary, will be realized. In making this determination, the Company analyzed the recent history of earnings, forecasts of future earnings and cumulative earnings for the last three years of the Dutch subsidiary. As a result, the Company recorded a $29.6 million reversal of its deferred tax asset valuation allowance in the second quarter of 2019.
As of December 31, 2019, the Company had the following net operating loss and tax credit carryforwards, which if not utilized, will expire as follows:
TypeAmountYear
Federal net operating loss carryforwards$144,566  2028 – 2037
Federal R&D and orphan drug credit carryforwards$507,292  2030 – 2038
State net operating loss carryforwards$161,341  2020 – 2039
Dutch net operating loss carryforwards$89,064  2021 – 2025
Included in the above table are $132.4 million of federal net operating loss carryforwards that will carry forward indefinitely. Not included in the table above are $112.1 million of state research credit carryovers that will carry forward indefinitely.
The Company’s net operating losses and credits could be subject to annual limitations due to ownership change limitations provided by IRC Section 382 and similar state provisions. An annual limitation could result in the expiration of net operating losses and tax credit carryforward before utilization. There are limitations on the tax attributes of acquired entities however, the Company does not believe the limitations will have a material impact on the utilization of the net operating losses or tax credits.
The financial statement recognition of the benefit for a tax position is dependent upon the benefit being more likely than not to be sustainable upon audit by the applicable taxing authority. If this threshold is met, the tax benefit is then measured and recognized at the largest amount that is greater than 50% likely of being realized upon ultimate settlement.
A reconciliation of the beginning and ending amount of unrecognized tax benefits for the years ended December 31, 2019 and 2018, is as follows:
December 31,
20192018
Balance at beginning of period$147,445  $113,486  
Additions based on tax positions related to the current year
19,287  30,811  
(Deletions) Additions for tax positions of prior years2,016  3,148  
Balance at end of period$168,748  $147,445  
Included in the balance of unrecognized tax benefits at December 31, 2019 were potential benefits of $167.2 million that, if recognized, would affect the effective tax rate. The Company’s policy for classifying interest and penalties associated with unrecognized income tax benefits is to include such items in the income tax expense. The total amount of accrued interest and penalties was not significant as of December 31, 2019.
The Company files income tax returns in the U.S. and various foreign jurisdictions. The U.S. and foreign jurisdictions have statute of limitations ranging from three to five years. However, carryforward tax attributes that were generated in 2014 and earlier may still be adjusted upon examination by tax authorities.
U.S. income and foreign withholding taxes have not been recognized on the excess of the amount for financial reporting over the tax basis of investments in foreign subsidiaries that are essentially permanent in duration. This excess totaled approximately $31.2 million as of December 31, 2019, which will be indefinitely reinvested; deferred income taxes have not been provided on such foreign earnings.