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Income Taxes
3 Months Ended
Mar. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

11. Income Taxes

The Company recorded income tax expense of $10 for the three months ended March 31, 2019 and an income tax benefit of $0.3 million for the three months ended March 31, 2018.  The expense recorded for the three months ended March 31, 2019 was lower than the statutory rate of 21% because the Company did not record tax benefits related to the losses in federal, foreign, and state jurisdictions.  The income tax benefit recorded for the three months ended March 31, 2018 was higher than the statutory rate of 21% due to permanent differences and estimated research credits.    

The Company had deferred tax assets net of deferred tax liabilities of $14.5 million  at March 31, 2019 and at December 31, 2018, virtually all of which are related to the United States tax jurisdiction.   The Company’s gross deferred tax assets consist of federal and state net operating losses (“NOLs”), credits, and timing differences.  The Company’s federal NOLs generated in 2019 and 2018 have an infinite life, and the Company’s NOLs and credits generated as of December 31, 2017 have a finite life primarily based on the 20-year carry forward of federal net operating losses.  The timing differences have a ratable reversal pattern over 12 years.  On a regular basis, the Company evaluates the recoverability of deferred tax assets and the need for a valuation allowance. Such evaluations involve the application of significant judgment. The Company considers multiple factors in its evaluation of the need for a valuation allowance. The Company’s full valuation allowance against its deferred tax assets was $14.5 million at March 31, 2019 and December 31, 2018.  At December 31, 2018, the Company’s cumulative loss position for the past three years and the Company’s 2018 performance versus its 2018 projections were considered significant negative evidence which were difficult to overcome on a “more likely than not” standard through objectively verifiable data. The Company also recorded a net loss for the three months ended March 31, 2019.  While the Company believes its financial outlook remains positive, under the accounting standards objective verifiable evidence will have greater weight than subjective evidence such as the Company’s projections for future growth.  The analysis that the Company prepared to determine the valuation allowance required significant judgment and assumptions regarding future market conditions as well as forecasts for profits, taxable income, and taxable income by jurisdiction. Due to the sensitivity of the analysis, changes to the assumptions in subsequent periods could have a material effect on the valuation allowance.

The Company’s gross unrecognized tax benefit was $0.7 million at March 31, 2019 and at December 31, 2018.

 

The Company files a consolidated federal income tax return, income tax returns with various states, and foreign income tax returns in various foreign jurisdictions. The Company’s U.S. federal tax returns remain subject to examination for 2015 and subsequent periods. The Company’s U.S. state tax returns remain subject to examination for 2012 and subsequent periods.  The Company’s foreign tax returns remain subject to examination for 2010 and subsequent periods.