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

11. Income Taxes

Loss from operations before income taxes is categorized geographically as follows:

 

 

 

Year Ended December 31,

 

(in thousands)

 

2019

 

 

2018

 

 

2017

 

United States

 

$

(81,653

)

 

$

(152,045

)

 

$

(40,775

)

Foreign

 

 

5,015

 

 

 

(2,547

)

 

 

718

 

Total loss from operations before income taxes

 

$

(76,638

)

 

$

(154,592

)

 

$

(40,057

)

 

The provision for (benefit from) income taxes consisted of the following:

 

 

 

Year Ended December 31,

 

(in thousands)

 

2019

 

 

2018

 

 

2017

 

Current income tax expense:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

14

 

 

$

(70

)

 

$

(12

)

State

 

 

10

 

 

 

48

 

 

 

23

 

Foreign

 

 

873

 

 

 

677

 

 

 

790

 

Total current income tax expense

 

 

897

 

 

 

655

 

 

 

801

 

Deferred income tax expense:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(1,087

)

 

 

(483

)

 

 

(16,141

)

State

 

 

121

 

 

 

562

 

 

 

(248

)

Foreign

 

 

(2,710

)

 

 

(586

)

 

 

(459

)

Total deferred income tax benefit

 

 

(3,676

)

 

 

(507

)

 

 

(16,848

)

Total provision for (benefit from) income taxes

 

$

(2,779

)

 

$

148

 

 

$

(16,047

)

 

A reconciliation of the Company’s effective tax rate to the federal statutory rate is as follows:

 

 

 

Year Ended December 31,

 

(in thousands)

 

2019

 

 

2018

 

 

2017

 

Tax at federal statutory rate

 

$

(16,094

)

 

$

(32,464

)

 

$

(14,020

)

State income tax, net of federal tax benefit

 

 

(4,102

)

 

 

(6,764

)

 

 

(3,898

)

Foreign tax rate differential

 

 

(2,651

)

 

 

626

 

 

 

(493

)

Stock-based compensation

 

 

1,885

 

 

 

2,378

 

 

 

2,645

 

Transition tax

 

 

 

 

 

 

 

 

2,261

 

Revaluation of deferred tax assets and liabilities

 

 

 

 

 

 

 

 

(10,259

)

Research and development credits

 

 

(2,033

)

 

 

(5,247

)

 

 

(4,028

)

Other

 

 

805

 

 

 

(106

)

 

 

659

 

Change in valuation allowance

 

 

19,411

 

 

 

41,725

 

 

 

11,086

 

Total provision for (benefit from) income taxes

 

$

(2,779

)

 

$

148

 

 

$

(16,047

)

 

As of December 31, 2019 and 2018, the tax effects of temporary differences that give rise to significant portions of the Company’s deferred tax assets and liabilities are as follows:

 

(in thousands)

 

December 31, 2019

 

 

December 31, 2018

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating losses

 

$

66,170

 

 

$

41,419

 

Tax credits

 

 

26,254

 

 

 

23,359

 

Stock-based compensation

 

 

22,299

 

 

 

25,208

 

Accrued compensation and related expenses

 

 

3,513

 

 

 

4,061

 

Financing obligation- leased facility

 

 

 

 

 

29,842

 

Lease liabilities

 

 

31,355

 

 

 

 

Intangible assets

 

 

72,226

 

 

 

 

Other

 

 

2,003

 

 

 

463

 

Total deferred tax assets:

 

 

223,820

 

 

 

124,352

 

Valuation allowance

 

 

(174,921

)

 

 

(81,127

)

Total deferred tax assets, net of valuation allowance:

 

 

48,899

 

 

 

43,225

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Depreciation and amortization

 

 

(8,708

)

 

 

(26,844

)

Goodwill

 

 

(23,047

)

 

 

(19,307

)

Right-of-use assets

 

 

(19,077

)

 

 

 

Total deferred tax liabilities:

 

 

(50,832

)

 

 

(46,151

)

Total net deferred tax liabilities:

 

$

(1,933

)

 

$

(2,926

)

 

As of December 31, 2019, the Company had federal and state net operating losses of $238.7 million and $167.6 million, respectively. Unutilized federal and state net operating loss carryforwards will begin to expire in 2020.

As of December 31, 2019, the Company had federal research and development credits of $16.6 million which will begin to expire in 2032; state research and development credits of $13.4 million which will carryforward indefinitely; and foreign research and development credits of $1.1 million which will begin to expire in 2037.

 

Assessing the realizability of the Company’s deferred tax assets is dependent upon several factors, including the likelihood and amount, if any, of future taxable income in relevant jurisdictions during the periods in which those temporary differences become deductible. The Company has evaluated the criteria for realization of deferred tax

assets and, as a result, has determined that certain deferred tax assets are not realizable on a more likely than not basis. Accordingly, the Company recorded a valuation allowance of $174.9 million as of December 31, 2019. The valuation allowance increased by $93.7 million and increased by $46.5 million during the years ended December 31, 2019 and 2018, respectively.

Internal Revenue Code Section 382 and similar state provisions limit the use of net operating losses and tax credit carryforwards in certain situations where changes occur in the stock ownership of a company. In the event the Company has a change of ownership, utilization of net operating losses and tax credit carryforwards may be limited. Certain acquired net operating losses and tax credits are subject to limitations. Net operating losses and tax credits have been reduced to reflect the amounts that can be utilized to reduce taxes payable in the future.

No additional income taxes have been provided for any remaining undistributed foreign earnings not subject to the one-time, mandatory transition tax, or additional outside basis difference of $7.4 million, as these amounts continue to be indefinitely reinvested in foreign operations.

The Company recorded cumulative unrecognized tax benefits pursuant to ASC 740-10 in the amount of $4.9 million, $3.4 million and $1.5 million during the years ended December 31, 2019, 2018 and 2017, respectively.

The Company’s policy is to recognize interest and penalties related to unrecognized tax benefits within the provision for income taxes. Amounts accrued for interest and penalties were not significant as of December 31, 2019 and 2018, respectively or during years ended December 31, 2019, 2018 and 2017, respectively. The Company believes that it has provided adequate reserves for its income tax uncertainties in all open tax years. As the outcome of the audits cannot be predicted with certainty, if any issues addressed in the Company's tax audits are resolved in a manner inconsistent with management's expectations, the Company could be required to adjust its provision for income taxes in the period such resolution occurs.

On July 27, 2015, in Altera Corp. v. Commissioner, the U.S. Tax Court issued an opinion invalidating the regulations relating to the treatment of stock-based compensation expense in an intercompany cost-sharing arrangement. A final decision was issued by the Tax Court in December 2015. The IRS appealed the Tax Court decision in June 2016. On July 24, 2018, the Ninth Circuit Federal Court issued a decision that was subsequently withdrawn and a reconstituted panel conferred on the appeal. On June 7, 2019, the Ninth Circuit Federal Court panel upheld the cost-sharing regulations.  On July 22, 2019, Intel Corporation, who acquired Altera Corp., filed a request for rehearing of the case by the entire Ninth Circuit Federal Court which was denied on November 11, 2019 and finally on February 10, 2020, Intel Corporation filed a petition with the United States Supreme Court. Due to the continuing uncertainty surrounding the status of the cost-sharing regulations, questions related to the scope of potential benefits or obligations, and the prospect of a Supreme Court ruling, the Company has not recorded any benefit or expense as of December 31, 2019.  The Company continues to monitor ongoing developments and potential impacts to its consolidated financial statements.

Changes in balances during 2019 and 2018 and ending balances as of December 31, 2019 and 2018 in gross unrecognized tax benefits were as follows:

 

(in thousands)

 

December 31, 2019

 

 

December 31, 2018

 

Beginning balances

 

$

3,351

 

 

$

1,486

 

Increases related to tax positions taken during a prior year

 

 

156

 

 

 

584

 

Increases related to tax positions taken during the current year

 

 

1,398

 

 

 

1,351

 

Decreases related to tax positions taken during a prior year

 

 

 

 

 

(70

)

Decreases related to tax settlements with taxing authorities

 

 

 

 

 

 

Ending balances

 

$

4,905

 

 

$

3,351

 

 

The Company does not anticipate that the amount of existing unrecognized tax benefits will significantly increase or decrease within the next 12 months. None of the unrecognized tax benefits, if recognized, would affect the effective tax rate.

The Company files income tax returns in the U.S. federal, state, and certain foreign jurisdictions. The Company’s U.S federal income tax return years 2015 through 2019 remain open to examination. The Company’s respective state and foreign income tax return years 2012 to 2019 remain open to examination. There are no income tax audits currently in progress.