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Income Taxes (Tables)
12 Months Ended
Dec. 31, 2019
Income Taxes  
Income (loss) from operations before income taxes The provision for income taxes is based on income (loss) before provision for income taxes as follows (in thousands):

Year Ended December 31,

    

2019

    

2018

    

2017

 

U.S.

$

712,486

$

478,050

$

36,493

Non-U.S.

 

(225,695)

 

(362,703)

 

(348,783)

Income (loss) before provision for income taxes

$

486,791

$

115,347

$

(312,290)

Schedule of provision for income taxes

Our provision for income taxes consists of the following (in thousands):

Year Ended December 31,

    

2019

    

2018

    

2017

Current:

Federal

$

23,526

$

$

State

11,553

5,010

486

Foreign

 

5,183

 

1,303

 

1,171

40,262

6,313

1,657

Deferred:

State

(205)

111

(805)

Foreign

(172)

(570)

(377)

(459)

(805)

Total provision for income taxes

$

39,885

$

5,854

$

852

Schedule of reconciliation of income taxes at the U.S. federal statutory rate to the provision for income taxes

A reconciliation of income taxes at the U.S. federal statutory rate to the provision for income taxes is as follows (in thousands):

Year Ended December 31,

    

2019

    

2018

    

2017

 

Provision (benefit) at U.S. federal statutory rate1

$

102,226

$

24,223

$

(109,302)

Unbenefited net operating losses and tax credits

 

(82,819)

 

(51,861)

 

(99,254)

Excess tax benefits related to share-based compensation

 

(13,418)

 

(8,233)

 

(81,021)

Deferred tax impact of Tax Cuts and Jobs Act of 2017

196,751

Foreign tax rate differential

25,419

37,061

86,777

Non-deductible officer compensation

5,213

4,114

6,351

Other

 

3,264

 

550

 

550

Provision for income taxes

$

39,885

$

5,854

$

852

1. Statutory U.S. federal income tax rate of 21% in 2019, 21% in 2018 and 35% in 2017.

Schedule of significant components of deferred tax assets and liabilities

Significant components of our deferred tax assets and liabilities are as follows (in thousands):

December 31,

  

2019

  

2018

 

Deferred tax assets:

Net operating loss carry forwards

$

102,001

$

148,142

Federal and state research credits

 

400,550

 

402,798

Capitalized research and development

 

46,188

 

53,871

Deferred revenue and accruals

 

13,609

 

9,443

Non-cash compensation

67,345

58,194

Acquisition-related contingent consideration

 

31,956

 

43,676

Intangibles, net

92,806

93,730

Long term investments

14,899

23,621

Other

 

21,885

 

22,211

Total gross deferred tax assets

 

791,239

 

855,686

Less valuation allowance for deferred tax assets

 

(770,497)

 

(836,992)

Net deferred tax assets

$

20,742

$

18,694

Deferred tax liabilities:

Property and equipment

$

(19,095)

$

(17,424)

Total gross deferred tax liabilities

 

(19,095)

 

(17,424)

Net deferred tax assets

$

1,647

$

1,270

Schedule of operating loss and tax credit carryforwards

As of December 31, 2019, the Company has net operating loss (“NOL”) carryforwards, research and development credit carryforwards and orphan drug tax credit carryforwards as follows (in thousands):

Amount

Expiring if not utilized

Net operating loss carryforwards

State

$

279,544

2020 through 2037; indefinite

Foreign

939,949

2020 through 2026

Research and development credit carryforwards

Federal

187,821

2031 through 2039

State

28,664

2021 through 2039; indefinite

Orphan drug tax credit carryforwards

212,410

2031 through 2039

Unrecognized tax benefits The following table summarizes the gross amounts of unrecognized tax benefits (in thousands):

Year Ended December 31,

2019

 

2018

Balance at beginning of year

$

22,395

$

18,022

Additions related to prior periods tax positions

726

 

2,098

Reductions related to prior periods tax positions

(82)

Additions related to current period tax positions

1,835

 

2,466

Reductions due to lapse of applicable statute of limitations

(557)

(130)

Currency translation adjustment

(66)

(61)

Balance at end of year

$

24,251

$

22,395