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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes

11.

Income Taxes

The components for the income tax expense (benefit) are as follows for the years ended December 31 (in thousands):

 

 

 

2016

 

 

2015

 

 

2014

 

Current income taxes

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

 

 

$

 

State

 

 

 

 

 

 

 

 

 

Foreign

 

 

 

 

 

 

 

 

 

Deferred income taxes

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

 

 

 

 

 

 

 

State

 

 

 

 

 

 

 

 

 

Foreign

 

 

(5,523

)

 

 

(1,024

)

 

 

 

Total income tax expense (benefit)

 

$

(5,523

)

 

$

(1,024

)

 

$

 

 

The United States and foreign components of loss from operations before taxes are as follows for the years ended December 31 (in thousands):

 

 

 

2016

 

 

2015

 

 

2014

 

United States

 

$

(88,624

)

 

$

(44,438

)

 

$

(37,652

)

Foreign

 

 

(36,879

)

 

 

(3,534

)

 

 

 

Total loss from operations before taxes

 

$

(125,503

)

 

$

(47,972

)

 

$

(37,652

)

 

Significant components of the Company’s deferred tax assets consist of the following at December 31 (in thousands):

 

 

 

2016

 

 

2015

 

Noncurrent deferred tax assets:

 

 

 

 

 

 

 

 

Stock-based compensation

 

 

2,300

 

 

 

1,543

 

Inventory

 

 

204

 

 

 

1,819

 

Accrued expenses and other

 

 

564

 

 

 

936

 

Contribution carryforward

 

 

 

 

 

2

 

Research credit carryforward

 

 

4,970

 

 

 

4,224

 

Fixed assets

 

 

557

 

 

 

275

 

Capitalized start-up costs and other intangibles

 

 

3,586

 

 

 

3,864

 

Net operating loss carryforwards

 

 

82,298

 

 

 

64,867

 

 

 

 

94,479

 

 

 

77,530

 

Valuation allowance

 

 

(91,885

)

 

 

(75,897

)

Net noncurrent deferred tax asset

 

 

2,594

 

 

 

1,633

 

Noncurrent deferred tax liabilities

 

 

 

 

 

 

 

 

Fixed assets

 

 

(292

)

 

 

(973

)

Purchase accounting intangibles

 

 

(12,699

)

 

 

(16,923

)

Net noncurrent deferred tax liability

 

 

(12,991

)

 

 

(17,896

)

Net deferred tax asset (liability)

 

$

(10,397

)

 

$

(16,263

)

 

The transaction described in Note 3 was a nontaxable transaction according to ASC 740, and the goodwill recorded under U.S. GAAP purchase accounting is not deductible for tax purposes.

At December 31, 2016 and 2015, the Company has provided a full valuation allowance against its net deferred assets in the U.S. Luxembourg, and Swiss tax jurisdiction, since realization of these benefits is not more likely than not. The valuation allowance increased approximately $16.0 million from the prior year. At December 31, 2016, the Company had federal and state net operating loss tax carryforwards of approximately $221.5 million and $176.5 million, respectively. These net operating loss carryforwards expire in various amounts starting in 2027 and 2018, respectively. The Company’s federal and state net operating loss carryforwards include approximately $0.4 million of excess tax benefits related to deductions from the exercise of stock options. The tax benefit of these deductions has not been recognized in deferred tax assets. If utilized, the benefits from these deductions will be recorded as adjustments to additional paid-in capital. At December 31, 2016, the Company had federal research credit carryforwards in the amount of $5.0 million. These carryforwards begin to expire in 2027. The utilization of the federal net operating loss carryforwards and credit carryforwards will depend on the Company’s ability to generate sufficient taxable income prior to the expiration of the carryforwards. In addition, the maximum annual use of net operating loss and research credit carryforwards is limited in certain situations where changes occur in stock ownership. At December 31, 2016, the Company had foreign operating loss carryforwards in Italy of approximately $10.0 million, which can be carried forward indefinitely; foreign operating loss carryforwards in Luxembourg of approximately $0.1 million, which can be carried forward indefinitely; and foreign operating loss carryforwards in Switzerland of approximately $4.3 million, which begin to expire in 2023. The Company has no unremitted foreign earnings as of December 31, 2016.

The Company has evaluated its tax positions to consider whether it has any unrecognized tax benefits. As of December 31, 2016 the Company had gross unrecognized tax benefits of approximately $1.0 million. Of the total, none would reduce the Company’s effective tax rate if recognized. The Company does not anticipate a significant change in total unrecognized tax benefits or the Company’s effective tax rate due to the settlement of audits or the expiration of statutes of limitations within the next twelve months. Furthermore, the Company does not expect any cash settlement with the taxing authorities as a result of these unrecognized tax benefits as the Company has sufficient unutilized carryforward attributes to offset the tax impact of these adjustments.

The following is a tabular reconciliation of the Company’s change in gross unrecognized tax positions at December 31 (in thousands):

 

 

 

2016

 

 

2015

 

 

2014

 

Beginning balance

 

$

862

 

 

$

606

 

 

$

 

Gross increases for tax positions related to current periods

 

 

186

 

 

 

256

 

 

 

606

 

Gross increases for tax positions related to prior periods

 

 

 

 

 

 

 

 

 

Ending balance

 

$

1,048

 

 

$

862

 

 

$

606

 

 

The Company recognizes interest and penalties related to uncertain tax positions in the provision for income taxes. As of December 31, 2016 and 2015, the Company had no accrued interest or penalties related to uncertain tax positions.

The Company has analyzed its filing positions in all significant federal, state, and foreign jurisdictions where it is required to file income tax returns, as well as open tax years in these jurisdictions. With few exceptions, the Company is no longer subject to United States Federal, state, and local tax examinations by tax authorities for years before 2013, although carryforward attributes that were generated prior to 2013 may still be adjusted upon examination by the taxing authorities if they either have been or will be used in a future period. No income tax returns are currently under examination by taxing authorities.

Taxes computed at the statutory federal income tax rate of 34% are reconciled to the provision for income taxes as follows for the years ended December 31:

 

 

 

2016

 

 

2015

 

 

2014

 

 

 

 

 

 

 

% of Pretax

 

 

 

 

 

 

% of Pretax

 

 

 

 

 

 

% of Pretax

 

 

 

Amount

 

 

Earnings

 

 

Amount

 

 

Earnings

 

 

Amount

 

 

Earnings

 

United States federal tax at statutory rate

 

$

(42,671

)

 

 

34.0

%

 

$

(16,311

)

 

 

34.0

%

 

$

(12,801

)

 

 

34.0

%

State taxes (net of deferred benefit)

 

 

(2,487

)

 

 

2.0

%

 

 

(1,121

)

 

 

2.3

%

 

 

(786

)

 

 

2.0

%

Nondeductible expenses

 

 

667

 

 

 

(0.5

%)

 

 

1,797

 

 

 

(3.7

%)

 

 

253

 

 

 

(0.7

%)

Research & Development credits

 

 

(922

)

 

 

0.7

%

 

 

(1,281

)

 

 

2.7

%

 

 

(1,532

)

 

 

4.1

%

Change in unrecognized tax benefits

 

 

186

 

 

 

(0.1

%)

 

 

256

 

 

 

(0.5

%)

 

 

606

 

 

 

(1.6

%)

Foreign tax rate differential

 

 

3,969

 

 

 

(3.2

%)

 

 

175

 

 

 

(0.4

%)

 

 

 

 

 

0.0

%

Goodwill impairment

 

 

20,816

 

 

 

(16.6

%)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Change in enacted tax rates and other, net

 

 

(1,069

)

 

 

0.8

%

 

 

532

 

 

 

(1.2

%)

 

 

392

 

 

 

(1.0

%)

Change in valuation allowance

 

 

15,988

 

 

 

(12.7

%)

 

 

14,929

 

 

 

(31.1

%)

 

 

13,868

 

 

 

(36.8

%)

Income tax benefit

 

$

(5,523

)

 

 

4.4

%

 

$

(1,024

)

 

 

2.1

%

 

$

 

 

 

0.0

%