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Income Taxes
12 Months Ended
Dec. 31, 2015
Income Taxes
4. Income Taxes

Income tax data for the years ended December 31, 2015, 2014 and 2013 (in thousands):

 

     December 31, 2015     December 31, 2014     December 31, 2013  

The components of income from operations before income taxes are as follows:

      

Domestic

   $ (2,490   $ (1,152   $ 12,783   

Foreign

     15,913        12,290        10,231   
  

 

 

   

 

 

   

 

 

 

Total

   $ 13,423      $ 11,138      $ 23,014   
  

 

 

   

 

 

   

 

 

 

The current and deferred components of the provision for income taxes on operations are as follows:

      

Current

   $ 3,745      $ 2,480      $ 4,124   

Deferred

     333        488        2,797   
  

 

 

   

 

 

   

 

 

 

Total

   $ 4,078      $ 2,968      $ 6,921   
  

 

 

   

 

 

   

 

 

 

The jurisdictional components of the provision for income taxes on operations are as follows:

      

Federal

   $ 295      $ 214      $ 3,322   

State

     276        (67     1,306   

Foreign

     3,507        2,821        2,293   
  

 

 

   

 

 

   

 

 

 

Total

   $ 4,078      $ 2,968      $ 6,921   
  

 

 

   

 

 

   

 

 

 

At December 31, 2015, the Company had net operating loss carryforwards of approximately $46,984,000 and business tax credits carryforwards of approximately $1,920,000 available to reduce future federal income taxes, if any. The cumulative U.S. federal net operating loss includes $10,242,000 related to excess tax deductions from share-based payments, the tax benefit of which will be recognized as an increase to additional paid in capital when the deduction reduces current taxes payable. The net operating loss and business tax credits carryforwards will continue to expire at various dates through December 2035. The net operating loss and business tax credit carryforwards are subject to review and possible adjustment by the Internal Revenue Service and may be limited in the event of certain changes in the ownership interest of significant stockholders.

The Company’s consolidated deferred tax assets (liabilities) consist of the following (in thousands):

 

      December 31, 2015     December 31, 2014  

Deferred tax assets:

    

Temporary timing differences:

    

Stock compensation

   $ 1,079      $ 628   

Contingent consideration

     2,126        767   

Other

     1,150        1,674   
  

 

 

   

 

 

 

Total temporary timing differences

     4,355        3,069   

Net operating loss carryforwards

     12,389        12,580   

Tax business credits carryforwards

     1,820        1,782   
  

 

 

   

 

 

 

Total deferred tax assets

     18,564        17,431   

Valuation allowance

     (18,514     (17,298
  

 

 

   

 

 

 

Net deferred tax assets

   $ 50      $ 133   

Deferred tax liabilities:

    

Goodwill and intangible assets

   $ (501   $ (251
  

 

 

   

 

 

 

Net deferred tax liabilities

   $ (451   $ (118
  

 

 

   

 

 

 

 

The net change in the total valuation allowance was an increase of $1,216,000 in the year ended December 31, 2015. The increase is attributable to increases in deferred tax assets derived from temporary timing differences. The valuation allowance increased by $727,000 for the year ended December 31, 2014 and decreased by $1,736,000 for the year ended December 31, 2013. During 2013, based on the Company’s pre-tax income position, the Company believed that it was more likely than not that it would generate sufficient taxable income to realize the tax benefit of a portion of its deferred tax assets. As of December 31, 2013, because the Company would no longer receive royalty payments on Bristol’s sales of Orencia, the Company concluded that realization of deferred tax assets beyond December 31, 2013 was not more likely than not, and as such, the Company maintained a valuation allowance against the majority of its remaining deferred tax assets. As of December 31, 2015 the Company continues to believe that realization of deferred tax assets beyond December 31, 2015 is not more likely than not, and the Company continues to maintain a full valuation allowance against its remaining U.S. deferred tax assets with the exception for certain state tax credits.

The reconciliation of the federal statutory rate to the effective income tax rate for the fiscal years ended December 31, 2015, 2014 and 2013 is as follows (amounts in thousands):

 

    Year Ended  
    December 31, 2015     December 31, 2014     December 31, 2013  

Income before income taxes

  $ 13,423        $ 11,138        $ 23,014     
 

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Expected tax at statutory rate

    4,564        34.0     3,787        34.0     7,825        34.0

Adjustments due to:

           

Difference between U.S. and foreign tax

    (1,910     (14.2 %)      (1,471     (13.2 %)      (1,228     (5.3 %) 

State income and franchise taxes

    563        4.2     122        1.1     1,122        4.9

Business tax credits

    (115     (0.9 %)      —          —          —          —     

Permanent differences

    118        0.9     (172     (1.5 %)      (298     (1.3 %) 

Change in valuation allowance

    1,216        9.1     727        6.5     (509     (2.2 %) 

Other

    (358     (2.7 %)      (25     (0.2 %)      9        —     
 

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Provision (benefit) for income taxes

  $ 4,078        30.4   $ 2,968        26.7   $ 6,921        30.1
 

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

In June 2015, the Company received a final assessment from the Massachusetts Department of Revenue (“DOR”) regarding an examination for the years ended March 31, 2010 and 2011 and the nine months ended December 31, 2011. This examination related to the qualification of Research and Development tax credits. The final settlement resulted in a payment to the DOR of approximately $141,000, inclusive of interest and penalties.

In December 2015, the Company reached a negotiated settlement with the DOR regarding an appeal of an assessment made in 2013 for the years ended March 31, 2008 and 2009. The primary issues in the appeal related to the sourcing of intellectual property settlements and the qualification of Research and Development tax credits. The final settlement resulted in a payment to the DOR of approximately $1,012,000, inclusive of interest. Of this amount, $926,000 had been provided for as a liability for an uncertain tax position as of September 30, 2015.

As a result of these settlements, the fiscal years ended March 31, 2008 through December 31, 2011 are now closed under the Massachusetts statute. The fiscal years ended December 31, 2012, 2013, 2014 and 2015 are subject to examination by the federal and state taxing authorities.

At December 31, 2015, the Company had accumulated Federal research credits of $2,578,000 which were not recognized for financial statement purposes, as it was not more likely than not that the Company would have sufficient earnings to realize those benefits in addition to the benefits the Company may derive from use of its Net Operating Losses. However, given the past uncertainty at the state level regarding their sustainability under audit, the Company applied a reserve of $1,289,000 against these cumulative Federal research credits

 

The following is a tabular reconciliation of the total amounts of unrecognized tax benefits (in thousands):

 

Unrecognized tax benefits at January 1, 2015

     2,118   

Gross increases – tax positions in prior period

     324   

Gross decreases – settlements

     (1,153
  

 

 

 

Unrecognized tax benefits at December 31, 2015

   $ 1,289   
  

 

 

 

The amount of unrecognized tax benefits at December 31, 2015 that will impact our effective tax rate are $1,289,000. For the year ended December 31, 2015, the Company recognized interest and penalties of $272,000.

At December 31, 2015, the Company has not provided for U.S. income taxes or foreign withholding taxes on outside basis differences of foreign subsidiaries of approximately $30,322,000 as it is the Company’s current intention to permanently reinvest these earnings outside the U.S. It is not practical to estimate the additional taxes that may be payable upon repatriation.