Annual report pursuant to Section 13 and 15(d)

Income Taxes

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

7. Income taxes

The components of the Company’s income (loss) before provision (benefit) for income taxes are as follows:

 

 

 

Years ended December 31,

 

(amounts in thousands)

 

2020

 

 

2019

 

 

2018

 

United States

 

$

(6,464

)

 

$

22,553

 

 

$

40,245

 

Foreign

 

 

1,184

 

 

 

1,719

 

 

 

210

 

Income (loss) before provision (benefit) for income taxes

 

$

(5,280

)

 

$

24,272

 

 

$

40,455

 

 

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

 

 

 

Years ended December 31,

 

(amounts in thousands)

 

2020

 

 

2019

 

 

2018

 

Current tax expense (benefit)

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(74

)

 

$

(330

)

 

$

 

State

 

 

198

 

 

 

136

 

 

 

(40

)

Foreign

 

 

381

 

 

 

560

 

 

 

171

 

Total current tax expense

 

 

505

 

 

 

366

 

 

 

131

 

Deferred tax expense (benefit)

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

309

 

 

 

3,497

 

 

 

(9,774

)

State

 

 

(193

)

 

 

(396

)

 

 

(1,630

)

Foreign

 

 

(72

)

 

 

(145

)

 

 

(117

)

Total deferred tax expense (benefit)

 

 

44

 

 

 

2,956

 

 

 

(11,521

)

Income tax expense (benefit)

 

$

549

 

 

$

3,322

 

 

$

(11,390

)

 

The components of deferred tax assets and liabilities consist of the following:

 

(amounts in thousands)

 

As of December 31,

 

Deferred tax assets (liabilities)

 

2020

 

 

2019

 

Accrued expenses

 

$

8,346

 

 

$

7,981

 

Net operating loss and credit carryforward

 

 

20,145

 

 

 

20,087

 

Allowance, reserves and other

 

 

1,381

 

 

 

1,984

 

Stock-based compensation

 

 

3,379

 

 

 

3,257

 

Lease liability

 

 

2,427

 

 

 

1,627

 

Deferred tax assets

 

 

35,678

 

 

 

34,936

 

Property, plant, and equipment

 

 

(4,805

)

 

 

(2,961

)

Intangible amortization

 

 

(14,292

)

 

 

(16,192

)

Right-of-use asset

 

 

(2,139

)

 

 

(1,418

)

Deferred tax liabilities

 

 

(21,236

)

 

 

(20,571

)

Total

 

$

14,442

 

 

$

14,365

 

 

 

Reconciliation of the federal statutory income tax rate to the effective income tax rate for the years ended December 31, 2020, 2019 and 2018 is as follows:

 

 

 

Years ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

U.S. Statutory rate

 

 

21.00

%

 

 

21.00

%

 

 

21.00

%

State income taxes, net of federal benefit

 

 

(3.86

)

 

 

3.70

 

 

 

(3.73

)

Stock-based compensation

 

 

(16.80

)

 

 

(0.81

)

 

 

(45.01

)

R&D credit, net of reserve

 

 

(8.11

)

 

 

(8.97

)

 

 

(1.39

)

Other

 

 

(2.62

)

 

 

(1.24

)

 

 

0.98

 

Effective income tax rate

 

(10.39)%

 

 

 

13.68

%

 

(28.15)%

 

The Company operates in several taxing jurisdictions, including U.S. federal, multiple U.S. states and the Netherlands. The statute of limitations has expired for all tax years prior to 2017 for federal and prior to 2016 for various state tax purposes. However, the net operating loss generated on the Company’s federal and state tax returns in prior years may be subject to adjustments by the federal and state tax authorities.

As of December 31, 2020, the Company had $55,990 and $25,871 of federal and state net operating loss carryforwards, respectively, and $48,194 of the total federal net operating loss carryforwards have an indefinite life while the remaining federal and state net operating loss carryforwards begin to expire in 2033 and 2028, respectively, if not utilized. As of December 31, 2020, the Company had federal and California research and development credit carryforward of $4,050 and $3,913, respectively. The federal credit will begin to expire in 2022; the California credit has indefinite carryforward.

Utilization of the Company’s net operating loss and tax credit carryforwards may be subject to annual limitations arising from ownership change limitations provided by the Internal Revenue Code and similar state provisions. Such annual limitations could result in the expiration of the net operating loss and tax credit carryforwards before their utilization.

The Company assess the available positive and negative evidence to estimate whether sufficient future taxable income will be generated to permit the use of deferred tax assets. As of December 31, 2020, the Company determined that it is more likely than not that deferred tax assets are realizable due to significant positive evidence of cumulative earnings. Accordingly, the Company did not record a valuation allowance as of December 31, 2020.

The Company recognizes interest and penalties on taxes, within its income tax provision on its consolidated statements of comprehensive income. No significant interest or penalties were recognized during the periods presented.

Included in the balance of unrecognized tax benefits as of December 31, 2020, 2019 and 2018, were $1,932, $1,889 and $1,294, respectively, of tax benefits that, if recognized, would affect the effective tax rate. The Company believes that there will be no significant increases or decreases to unrecognized tax benefits within the next 12 months.

A reconciliation of the beginning and ending amount of unrecognized tax benefit is as follows:

 

(amounts in thousands)

 

December 31,

 

Reconciliation of liability for unrecognized tax benefits

 

2020

 

 

2019

 

 

2018

 

Balance at beginning of period

 

$

1,889

 

 

$

1,294

 

 

$

1,062

 

Additions based on tax positions related to current year

 

 

70

 

 

 

595

 

 

 

232

 

Reductions based on tax positions related to prior year

 

 

(181

)

 

 

 

 

 

 

Additions based on tax positions related to prior year

 

 

154

 

 

 

 

 

 

 

Balance at end of period

 

$

1,932

 

 

$

1,889

 

 

$

1,294