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Income Taxes
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
Income Taxes

11.

Income Taxes

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

 

 

 

2018

 

 

2017

 

 

2016

 

Current income taxes

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

 

 

$

 

State

 

 

 

 

 

 

 

 

 

Foreign

 

 

 

 

 

 

 

 

 

Deferred income taxes

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

 

 

 

 

 

 

 

State

 

 

 

 

 

 

 

 

 

Foreign

 

 

(3,377

)

 

 

(3,300

)

 

 

(5,523

)

Total income tax benefit

 

$

(3,377

)

 

$

(3,300

)

 

$

(5,523

)

 

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

 

 

 

2018

 

 

2017

 

 

2016

 

United States

 

$

(44,744

)

 

$

(124,418

)

 

$

(88,624

)

Foreign

 

 

(20,410

)

 

 

(23,678

)

 

 

(36,879

)

Total loss from operations before taxes

 

$

(65,154

)

 

$

(148,096

)

 

$

(125,503

)

 

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

 

 

 

2018

 

 

2017

 

Noncurrent deferred tax assets:

 

 

 

 

 

 

 

 

Stock-based compensation

 

$

2,281

 

 

$

2,216

 

Inventory

 

 

 

 

 

375

 

Accrued expenses and other

 

 

795

 

 

 

637

 

Research credit carryforward

 

 

6,182

 

 

 

5,540

 

Fixed assets

 

 

392

 

 

 

450

 

Capitalized start-up costs and other intangibles

 

 

1,859

 

 

 

2,130

 

Net operating loss carryforwards

 

 

74,566

 

 

 

64,300

 

 

 

 

86,075

 

 

 

75,648

 

Valuation allowance

 

 

(81,337

)

 

 

(71,520

)

Net noncurrent deferred tax asset

 

 

4,738

 

 

 

4,128

 

Noncurrent deferred tax liabilities

 

 

 

 

 

 

 

 

Fixed assets

 

 

(686

)

 

 

(334

)

Purchase accounting intangibles

 

 

(8,772

)

 

 

(12,183

)

Net noncurrent deferred tax liability

 

 

(9,458

)

 

 

(12,517

)

Net deferred tax asset (liability)

 

$

(4,720

)

 

$

(8,389

)

 

At December 31, 2018 and 2017, 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 $9.8 million from the prior year. At December 31, 2018, the Company had U.S. federal net operating loss tax carryforwards of approximately $290.9 million. Of this amount, $254.5 million begin to expire in 2027, while the remaining $36.4 million carry forward indefinitely. At December 31, 2018, the Company had U.S. state net operating loss carryforwards of $234.6 million. Of this amount, $231.7 million begin to expire in 2022, while the remaining $2.9 million carry forward indefinitely. At December 31, 2018, the Company had federal research credit carryforwards in the amount of $6.2 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, 2018, the Company had foreign operating loss carryforwards in Italy of approximately $19.4 million, which can be carried forward indefinitely; foreign operating loss carryforwards in Luxembourg of approximately $0.2 million, which can be carried forward indefinitely; foreign operating loss carryforwards in Switzerland of approximately $24.1 million, which begin to expire in 2023; and foreign operating loss carryforwards in Japan of approximately $0.8 million, which begin to expire in 2028.

The Company has evaluated its tax positions to consider whether it has any unrecognized tax benefits. As of December 31, 2018, the Company had gross unrecognized tax benefits of approximately $1.4 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):

 

 

 

2018

 

 

2017

 

 

2016

 

Beginning balance

 

$

1,202

 

 

$

1,048

 

 

$

862

 

Gross increases for tax positions related to current periods

 

 

161

 

 

 

143

 

 

 

186

 

Gross increases for tax positions related to prior periods

 

 

 

 

 

11

 

 

 

 

Ending balance

 

$

1,363

 

 

$

1,202

 

 

$

1,048

 

 

The Company recognizes interest and penalties related to uncertain tax positions in the provision for income taxes. As of December 31, 2018 and 2017, 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 2015, although carryforward attributes that were generated prior to 2015 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 then-current statutory federal income tax rate of 21% are reconciled to the provision for income taxes as follows for the years ended December 31:

 

 

 

2018

 

 

2017

 

 

2016

 

 

 

 

 

 

 

% of Pretax

 

 

 

 

 

 

% of Pretax

 

 

 

 

 

 

% of Pretax

 

 

 

Amount

 

 

Earnings

 

 

Amount

 

 

Earnings

 

 

Amount

 

 

Earnings

 

United States federal tax at statutory rate

 

$

(13,682

)

 

 

21.0

%

 

$

(50,352

)

 

 

34.0

%

 

$

(42,671

)

 

 

34.0

%

State taxes (net of deferred benefit)

 

 

(1,080

)

 

 

1.7

%

 

 

(4,663

)

 

 

3.1

%

 

 

(2,487

)

 

 

2.0

%

Nondeductible expenses

 

 

(1,320

)

 

 

2.0

%

 

 

466

 

 

 

(0.3

%)

 

 

667

 

 

 

(0.5

%)

Change in fair market value of contingent

   consideration

 

 

(256

)

 

 

0.4

%

 

 

777

 

 

 

(0.5

%)

 

 

 

 

 

 

Warrant remeasurement and financing costs

 

 

3,630

 

 

 

(5.6

%)

 

 

32,348

 

 

 

(21.8

%)

 

 

 

 

 

 

Research & Development credits

 

 

(803

)

 

 

1.2

%

 

 

(712

)

 

 

0.5

%

 

 

(922

)

 

 

0.7

%

Change in unrecognized tax benefits

 

 

161

 

 

 

(0.2

%)

 

 

142

 

 

 

(0.1

%)

 

 

186

 

 

 

(0.1

%)

Foreign tax rate differential

 

 

(96

)

 

 

0.1

%

 

 

3,619

 

 

 

(2.4

%)

 

 

3,969

 

 

 

(3.2

%)

Goodwill impairment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

20,816

 

 

 

(16.6

%)

Change in enacted tax rates and other, net

 

 

252

 

 

 

(0.3

%)

 

 

35,440

 

 

 

(24.1

%)

 

 

(1,069

)

 

 

0.8

%

Change in valuation allowance

 

 

9,817

 

 

 

(15.1

%)

 

 

(20,365

)

 

 

13.8

%

 

 

15,988

 

 

 

(12.7

%)

Income tax benefit

 

$

(3,377

)

 

 

5.2

%

 

$

(3,300

)

 

 

2.2

%

 

$

(5,523

)

 

 

4.4

%

 

On December 22, 2017, the Tax Legislation was enacted into law, which reduced the U.S. federal corporate income tax rate to 21% for tax years beginning after December 31, 2017. As a result of the newly enacted tax rate, the Company adjusted its U.S. deferred tax assets as of December 31, 2017, by applying the new 21% rate, which resulted in a decrease to the deferred tax assets and a corresponding decrease to the valuation allowance of approximately $36.1 million.

The Tax Legislation also implements a territorial tax system. Under the territorial tax system, in general, the Company's foreign earnings will no longer be subject to tax in the U.S. As part of transition to the territorial tax system the Tax Legislation includes a mandatory deemed repatriation of all undistributed foreign earnings that are subject to a U.S. income tax. The Company determined that the deemed repatriation applicable to the year ending December 31, 2017 did not result in an additional U.S. income tax liability as it has no undistributed foreign earnings.

 

The SEC staff issued Staff Accounting Bulletin 118, or SAB 118, which allowed the Company to record provisional amounts related to accounting for the Tax Legislation during the measurement period which is similar to the measurement period used when accounting for business combinations. The measurement period has ended and the Company's accounting related to the Tax Legislation is complete. The Company did not make any measurement-period adjustments related to the provisional items recorded as of December 31, 2017 but will continue to assess the impact of the Tax Legislation on its business and consolidated financial statements as additional guidance or interpretations are released.

 

The Tax Legislation subjects a U.S. shareholder to tax on global intangible low-taxed income (“GILTI”) earned by certain foreign subsidiaries. The FASB Staff Q&A, Topic 740, No. 5, Accounting for Global Intangible Low-Taxed Income, states that an entity can make an accounting policy election to either recognized deferred taxes for temporary basis differences expected to reverse as GILTI in future years or to provide for the tax expense related to GILTI in the year the tax is incurred as a period expense only. Because the Company was evaluating the provision of GILTI as of December 31, 2017, no GILTI-related deferred amounts were recorded in 2017. The Company has elected to account for GILTI in the year the tax is incurred. The Company does not have a GILTI inclusion in 2018; therefore, no GILTI tax has been recorded for the year ending December 31, 2018.