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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

(13) Income Taxes

The components of loss before income taxes are as follows (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

 

2017

 

Domestic

 

$

(47,218

)

 

$

(41,985

)

 

$

(16,642

)

Foreign

 

 

(4,607

)

 

 

(4,734

)

 

 

(2,945

)

Total

 

$

(51,825

)

 

$

(46,719

)

 

$

(19,587

)

 

For purposes of reconciling the Company’s provision for income taxes at the statutory rate and the Company’s provision (benefit) for income taxes at the effective tax rate, a notional 26% tax rate was applied as follows (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

 

2017

 

Income tax at federal statutory rate

 

$

(10,883

)

 

$

(9,811

)

 

$

(6,659

)

Increase (decrease) in tax resulting from:

 

 

 

 

 

 

 

 

 

 

 

 

State income tax expense, net of federal tax effect

 

 

(3,657

)

 

 

(2,749

)

 

 

(421

)

Nondeductible permanent items

 

 

3,522

 

 

 

(1,522

)

 

 

1,506

 

Foreign rate differential

 

 

(367

)

 

 

552

 

 

 

599

 

Tax rate change

 

 

 

 

 

134

 

 

 

7,226

 

Adjustment to deferred taxes

 

 

(1,904

)

 

 

307

 

 

 

37

 

Change in valuation allowance

 

 

22,481

 

 

 

15,805

 

 

 

(2,291

)

Uncertain tax positions

 

 

128

 

 

 

143

 

 

 

76

 

Nonqualified stock option and performance award windfall

   upon exercise

 

 

(9,128

)

 

 

(1,983

)

 

 

 

Other

 

 

233

 

 

 

(80

)

 

 

(26

)

Total

 

$

425

 

 

$

796

 

 

$

47

 

 

The difference between the statutory federal income tax rate and the Company’s effective tax rate in 2019, 2018 and 2017 is primarily attributable to the effect of state income taxes, difference between the U.S. and foreign tax rates, deferred tax state rate adjustment, share-based compensation, true up of deferred taxes, other non-deductible permanent items, and change in valuation allowance. In addition, the Company’s foreign subsidiaries are subject to varied applicable statutory income tax rates for the periods presented.

The provision for (benefit from) income taxes is as follows (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

 

2017

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

 

 

$

(23

)

State

 

 

139

 

 

 

48

 

 

 

51

 

Foreign

 

 

116

 

 

 

753

 

 

 

31

 

 

 

 

255

 

 

 

801

 

 

 

59

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(16,460

)

 

 

(11,425

)

 

 

3,307

 

State

 

 

(5,100

)

 

 

(3,250

)

 

 

(669

)

Foreign

 

 

(751

)

 

 

(1,135

)

 

 

(359

)

 

 

 

(22,311

)

 

 

(15,810

)

 

 

2,279

 

Change in valuation allowance

 

 

22,481

 

 

 

15,805

 

 

 

(2,291

)

Total

 

$

425

 

 

$

796

 

 

$

47

 

 

The net deferred tax assets (liabilities) are comprised of the following (in thousands):

 

 

 

As of December 31,

 

 

 

2019

 

 

2018

 

Deferred tax assets

 

 

 

 

 

 

 

 

Lease liability

 

$

4,295

 

 

$

278

 

AMT credit

 

 

9

 

 

 

11

 

Accrued expenses

 

 

2,837

 

 

 

2,057

 

Deferred revenue

 

 

 

 

 

549

 

Net operating loss carryforward

 

 

50,950

 

 

 

34,662

 

Other assets

 

 

6,967

 

 

 

2,343

 

Property and equipment

 

 

 

 

 

123

 

Intangible assets

 

 

2,416

 

 

 

836

 

Valuation allowance

 

 

(24,637

)

 

 

(25,079

)

Total net deferred tax assets

 

 

42,837

 

 

 

15,780

 

Deferred tax liabilities

 

 

 

 

 

 

 

 

Deferred commissions

 

 

(4,308

)

 

 

(3,215

)

Deferred revenue

 

 

(336

)

 

 

 

Intangible assets

 

 

(7,948

)

 

 

(7,295

)

Property and equipment

 

 

(296

)

 

 

 

Debt discount

 

 

(26,589

)

 

 

(4,986

)

Right-of-use asset

 

 

(3,909

)

 

 

 

Deferred state taxes

 

 

(1,101

)

 

 

(1,233

)

Other

 

 

(352

)

 

 

 

Total deferred tax liabilities

 

 

(44,839

)

 

 

(16,729

)

Total non-current deferred income tax liabilities

 

$

(2,002

)

 

$

(949

)

 

A valuation allowance is recorded to reduce deferred tax assets to the amount that is more likely than not to be realized based on an assessment of positive and negative evidence, including estimates of future taxable income necessary to realize future deductible amounts. A significant piece of objective negative evidence evaluated was the cumulative loss incurred over the three-year period ended December 31, 2019. Such objective evidence limits the ability to consider other subjective evidence such as its projections for future growth. On the basis of this evaluation, at December 31, 2019 and 2018, a valuation allowance of $24.6 million and $25.1 million, respectively, has been recorded.

As of December 31, 2019, the Company has accumulated federal and state net operating loss (“NOL”) carryforwards of $165.0 million and $134.3 million, respectively. Of the $165.0 million of federal NOL carryforwards, $57.9 million was generated before January 1, 2018 and is subject to the 20-year carryforward period (“pre-Tax Act losses”). The remaining $107.1 million (“post-Tax Act losses”) can be carried forward indefinitely but is subject to the 80% taxable income limitation. The pre-Tax Act U.S. federal and state net operating loss carryforwards will expire in varying amounts through 2037. The Company completed a Section 382 study for the period through March 31, 2019 and determined that a Section 382 ownership change occurred on December 31, 2017 subjecting all pre-Tax Act losses to a utilization limitation; however, such limitation is not expected to result in NOLs expiring unused. Any future annual limitation may result in the expiration of NOLs before utilization.

As of December 31, 2019 and 2018, the Company had combined foreign net operating loss carry-forwards available to reduce future taxable income of approximately $25.6 million and $25.5 million, respectively. As of December 31, 2019 and 2018, valuation allowances of $24.6 million and $25.1 million, respectively, had been recorded against the related deferred tax assets for those loss carry-forwards that are not more likely than not to be fully utilized in reducing future taxable income.

The following changes occurred in the amount of unrecognized tax benefits (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

 

2017

 

Beginning balance of unrecognized tax benefits

 

$

469

 

 

$

326

 

 

$

250

 

Additions for current year tax positions

 

 

106

 

 

 

142

 

 

 

65

 

Reductions for prior year tax positions

 

 

 

 

 

(14

)

 

 

 

Ending balance (excluding interest and penalties)

 

 

575

 

 

 

454

 

 

 

315

 

Interest and penalties

 

 

22

 

 

 

15

 

 

 

11

 

Total

 

$

597

 

 

$

469

 

 

$

326

 

For the year ended December 31, 2019, 2018 and 2017, the Company has recorded income tax expense of $128,000, $143,000 and $76,000, respectively, related to uncertain tax positions. The Company’s policy is to recognize potential interest and penalties related to unrecognized tax benefits associated with uncertain tax positions, if any, in the income tax provision. At December 31, 2019, 2018 and 2017, the Company had accrued $22,000, $15,000 and $11,000 in interest and penalties related to uncertain tax positions.

 

The Company is subject to taxation in the United States and various states along with other foreign countries. The Company has not been notified that it is under audit by the IRS or any state or foreign taxing authorities, however, due to the presence of NOL carryforwards, all of the income tax years remain open for examination in each of these jurisdictions. The Company does not believe that it is reasonably possible that the total amount of unrecognized tax benefits will significantly increase or decrease in the next 12 months.

Deferred income taxes have not been provided for undistributed earnings of the Company’s consolidated foreign subsidiaries because of the Company’s intent to reinvest such earnings indefinitely in active foreign operations. At December 31, 2019, the Company had $0.6 million in unremitted earnings that were permanently reinvested related to its consolidated foreign subsidiaries.