v3.20.4
Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

13. INCOME TAXES

The components of loss before income taxes consist of the following (in thousands):

 

 

 

Years Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

United States

 

$

(21,107

)

 

$

(63,453

)

 

$

(11,128

)

Foreign

 

 

2,655

 

 

 

2,534

 

 

 

1,795

 

Net loss before income taxes

 

$

(18,452

)

 

$

(60,919

)

 

$

(9,333

)

 

 

The income tax (benefit) expense consisted of the following (in thousands):

 

 

 

Years Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(219

)

 

$

(47

)

 

$

 

State

 

 

620

 

 

 

244

 

 

 

114

 

Foreign

 

 

743

 

 

 

108

 

 

 

184

 

 

 

 

1,144

 

 

 

305

 

 

 

298

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Foreign

 

 

(2,089

)

 

 

(1,287

)

 

 

(774

)

Total

 

$

(945

)

 

$

(982

)

 

$

(476

)

 

The following is a reconciliation of the statutory federal income tax rate to the Company’s effective tax rate:

 

 

 

Years Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

U.S. federal income tax at statutory rate

 

 

21.0

%

 

 

21.0

%

 

 

21.0

%

U.S. state and local income taxes

 

 

(3.2

)

 

 

(0.4

)

 

 

(1.3

)

Change in valuation allowance

 

 

(698.4

)

 

 

(213.4

)

 

 

(1,039.4

)

Federal research and development tax credit

 

 

102.9

 

 

 

30.8

 

 

 

166.2

 

Stock-based compensation

 

 

577.8

 

 

 

158.0

 

 

 

859.4

 

Meals and Entertainment

 

 

(1.6

)

 

 

(1.4

)

 

 

(6.6

)

Permanent items

 

 

 

 

 

 

 

 

(1.1

)

Foreign rate differential

 

 

 

 

 

(0.6

)

 

 

(1.5

)

Acquisition costs

 

 

 

 

 

(1.3

)

 

 

 

Section 162(m) limitation

 

 

(7.2

)

 

 

(1.4

)

 

 

 

State apportionment change

 

 

4.4

 

 

 

1.3

 

 

 

 

Tax rate change

 

 

 

 

 

(0.4

)

 

 

2.4

 

Provision to return true-up

 

 

9.4

 

 

 

9.9

 

 

 

5.9

 

Other

 

 

0.1

 

 

 

(0.5

)

 

 

0.1

 

Effective tax rate

 

 

5.2

%

 

 

1.6

%

 

 

5.1

%

Significant components of the Company’s deferred income tax assets and liabilities consist of the following (in thousands):

 

 

 

As of December 31,

 

 

 

2020

 

 

2019

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

379,613

 

 

$

263,512

 

Reserves and accruals

 

 

14,131

 

 

 

10,425

 

Research and development credits

 

 

104,110

 

 

 

73,442

 

Lease Obligation

 

 

91,373

 

 

 

81,639

 

Stock-based compensation

 

 

28,318

 

 

 

17,494

 

Total deferred tax assets

 

 

617,545

 

 

 

446,512

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Right-of-use asset

 

 

(70,755

)

 

 

(72,243

)

Depreciation and amortization

 

 

(11,707

)

 

 

(10,916

)

Total deferred tax liabilities

 

 

(82,462

)

 

 

(83,159

)

Valuation allowance

 

 

(530,887

)

 

 

(361,233

)

Net deferred tax assets

 

$

4,196

 

 

$

2,120

 

 

A valuation allowance is provided when it is more likely than not that some portion of the deferred tax assets will not be realized through future operations. As a result of the Company’s analysis of all available objective evidence, both positive and negative, as of December 31, 2020, management believes it is more likely than not that the U.S. deferred tax assets will not be fully realizable. Accordingly, the Company has provided a full valuation allowance against its U.S. deferred tax assets.

The Company's valuation allowance increased by $169.7 million and $178.9 million during the years ended December 31, 2020 and 2019, respectively, primarily due to U.S. federal and state tax losses and credits incurred during the period.

For federal and state income tax reporting purposes, respective net operating loss carryforwards of $1,423.1 million and $1,273.9 million are available to reduce future taxable income, if any. These net operating loss carryforwards will begin to expire in 2028 for federal and certain state net operating losses have expired in 2020. The federal net operating loss generated subsequent to 2017 can be carried forward indefinitely.

For U.K. and Denmark income tax reporting purposes, the net operating loss carryforward of $17.6 million and $0.8 million, respectively, is available to reduce the future taxable income, if any. U.K. and Denmark net operating loss can be carried forward indefinitely. The Company also has U.K. research and development tax credit carryforwards of $0.3 million. The credit can be carried forward indefinitely.

As of December 31, 2020, the Company has research and development tax credit carryforwards of $82.6 million and $59.4 million for federal and state income tax purposes, respectively. If not utilized, the federal and state carryforwards will begin to expire in 2028 and 2035, respectively.

The Internal Revenue Code of 1986, as amended (the “Code”), contains provisions that may limit the net operating loss and credit carryforwards available for use in any given period upon the occurrence of certain events, including a statutorily defined significant change in ownership. Utilization of the net operating loss and tax credit carryforwards is subject to an annual limitation due to an ownership change, as defined by section 382 of the Code. The Company has assessed whether any section 382 ownership change has occurred since its formation and determined that a section 382 ownership change occurred on December 18, 2009 and tax attributes generated by the Company through the ownership change date are subject to the limitation.

A section 382 study was completed for dataxu covering the period from inception beginning May 1, 2008 through acquisition date of November 8, 2019. Based on the study, the Company identified four ownership changes for Section 382 purposes. As such, tax attributes generated by dataxu through the ownership change dates are subject to the limitation.

The total amount of unrecognized tax benefits as of December 31, 2020 is $29.2 million, of which $28.3 million is composed of research and development credits and $0.9 million is related international activities. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):

 

 

 

As of December 31,

 

 

 

2020

 

 

2019

 

Unrecognized tax benefits at beginning of year

 

$

19,487

 

 

$

14,541

 

Gross increase for tax positions of current year

 

 

9,959

 

 

 

10,378

 

Gross decrease due to statue expiration

 

 

(75

)

 

 

(88

)

Gross decrease for tax positions of prior years

 

 

(196

)

 

 

(5,344

)

Unrecognized tax benefits balance at end of year

 

$

29,175

 

 

$

19,487

 

 

The Company recognizes interest and penalties related to unrecognized tax benefits as a component of its income tax expense. As of December 31, 2020, the Company recorded $0.2 million of accrued interest and penalties related to uncertain tax positions.

Change in the Company’s unrecognized tax benefits, if any, would have an immaterial impact on its effective tax rate. The Company does not expect its gross unrecognized tax benefits to change significantly within the next 12 months.

The Company files income tax returns in the U.S. federal jurisdiction and various state jurisdictions. The Company is currently under examination by Texas Comptroller for calendar tax years 2015, 2016, and 2017. All tax years remain subject to examination by federal and state authorities. These audits include questioning the timing and amount of deductions; the nexus of income among various tax jurisdictions; and compliance with federal, state, and local tax laws.

The Company will continue to indefinitely reinvest earnings from its foreign subsidiaries, which are not significant. While federal income tax expense has been recognized as a result of the Tax Cuts and Jobs Act of 2017, the Company has not provided any additional deferred taxes with respect to items such as foreign withholding taxes, state income tax or foreign exchange gain or loss. It is not practicable for the Company to determine the amount of unrecognized tax expense on these reinvested international earnings.