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Income Taxes
 12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
Income (loss) before taxes consisted of the following:
Years Ended December 31,
(In thousands)202220212020
Domestic$(16,663)$19,244 $(39,937)
Foreign8,838 4,042 3,398 
$(7,825)$23,286 $(36,539)
The provision for income taxes was comprised of:
Years Ended December 31,
(In thousands)202220212020
Federal:
Current
$183 $(112)$(446)
Deferred
2,479 2,042 2,018 
State:
Current
(215)214 657 
Deferred
24 324 (1,589)
Foreign:
Current
5,828 3,328 3,097 
Deferred
(1,814)(844)195 
$6,485 $4,952 $3,932 
The differences between the Company’s effective tax rate and the U.S. federal statutory regular tax rate were as follows:
Years Ended December 31,
202220212020
U.S. federal statutory rate21.0 %21.0 %21.0 %
State income tax expense (benefit)6.1 2.2 (2.5)
Withholding tax(36.6)4.4 (4.1)
Foreign rate differential(28.3)3.3 (4.8)
Research and development credit4.8 (7.1)(4.8)
Executive compensation(49.0)6.6 (1.8)
Stock-based compensation47.9 (7.7)0.6 
Foreign tax credit57.4 (84.0)(89.5)
Foreign-derived intangible income deduction70.5 (55.8)13.7 
Divestiture— — (20.4)
Acquisition(25.1)8.8 — 
Debt extinguishment(226.7)— — 
Other(1.0)(0.2)0.8 
Valuation allowance76.1 129.8 81.0 
(82.9)%21.3 %(10.8)%
The components of the net deferred tax assets (liabilities) were as follows:
As of December 31,
(In thousands)20222021
Deferred tax assets:
Depreciation and amortization$3,247 $6,578 
Lease liabilities7,6917,873
Other timing differences, accruals and reserves10,3935,747
Deferred equity compensation4,3665,077
Net operating loss carryovers13,42314,602
Capitalized research49,64922,301
Tax credits96,758130,348
Total gross deferred tax assets185,527192,526 
Deferred tax liabilities:
Lease right-of-use assets(5,501)(5,323)
Deferred revenue(76)(267)
Total gross deferred tax liabilities(5,577)(5,590)
Total net deferred tax assets179,950186,936
Valuation allowance(201,883)(206,874)
Net deferred tax liabilities$(21,933)$(19,938)
As of December 31,
(In thousands)20222021
Reported as:
Non-current deferred tax assets
$3,031 $4,047 
Non-current deferred tax liabilities
(24,964)(23,985)
Net deferred tax liabilities
$(21,933)$(19,938)
The Company periodically evaluates the realizability of its net deferred tax assets based on all available evidence, both positive and negative. During the third quarter of 2018, the Company assessed the changes in its underlying facts and circumstances and evaluated the realizability of its existing deferred tax assets based on all available evidence, both positive and negative, and the weight accorded to each, and concluded a full valuation allowance associated with U.S. federal and California deferred tax assets was appropriate. The Company continues to maintain a full valuation allowance on its California and U.S. federal deferred tax assets as it does not expect to be able to fully utilize them.
The following table presents the tax valuation allowance information for the years ended December 31, 2022, 2021 and 2020:
(In thousands)Balance at Beginning of PeriodCharged (Credited) to OperationsCharged to Other Account*Valuation Allowance ReleaseBalance at End of Period
Tax Valuation Allowance
Year ended December 31, 2020$196,098 (21,294)3 (688)$174,119 
Year ended December 31, 2021$174,119 32,544 211 — $206,874 
Year ended December 31, 2022$206,874 (7,233)2,242 — $201,883 
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*    Amounts not charged to operations are charged to other comprehensive income or retained earnings.
As of December 31, 2022, the Company had California and other state net operating loss carryforwards of $191.7 million and $0.8 million, respectively. As of December 31, 2022, the Company had federal research and development tax credit carryforwards of $41.8 million and foreign tax credits of $51.2 million. As of December 31, 2022, the Company had California research and development tax credit carryforwards of $25.6 million and California alternative minimum tax credit carryforwards of $0.3 million. The federal foreign tax credits and research and development credits begin to expire in 2023. Approximately $10.8 million of federal foreign tax credits will expire in 2023. The California net operating losses begin to expire in 2024. The California research and development credits carry forward indefinitely.
In the event of a change in ownership, as defined under federal and state tax laws, the Company’s net operating loss and tax credit carryforwards could be subject to annual limitations. The annual limitations could result in the expiration of the net operating loss and tax credit carryforwards prior to utilization.
As of December 31, 2022, the Company had $164.5 million of unrecognized tax benefits including $19.6 million recorded as a reduction of long-term deferred tax assets, $143.6 million recorded as a reduction of other assets associated with refundable withholding taxes previously withheld from licensees in South Korea, and $1.3 million recorded to long-term income taxes payable. As a result of recent court rulings in South Korea, the Company has determined that they may be entitled to refund claims for foreign taxes previously withheld from licensees in South Korea. The Company recognizes that there are numerous risks and uncertainties associated with the ultimate collection of this refund and has therefore established an offsetting reserve for the entire amount of potentially refundable withholding taxes previously withheld in South Korea. If recognized, $144.9 million would be recorded as an income tax benefit on the consolidated statement of operations. As of December 31, 2021, the Company had $146.2 million of unrecognized tax benefits including $18.9 million recorded as a reduction of long-term deferred tax assets, $126.1 million recorded as a reduction of other assets associated with refundable withholding taxes previously withheld from licensees in South Korea, and $1.3 million recorded to long term income taxes payable.
A reconciliation of the beginning and ending amounts of unrecognized income tax benefits for the years ended December 31, 2022, 2021 and 2020 was as follows:
Years Ended December 31,
(In thousands)202220212020
Balance as of January 1
$146,215 $134,044 $115,653 
Tax positions related to current year:
Additions
18,515 18,748 18,600 
Tax positions related to prior years:
Additions
— 615 — 
Reductions
(199)(1,586)(209)
Settlements
— (5,606)— 
Balance as of December 31
$164,531 $146,215 $134,044 
The Company recognizes interest and penalties related to uncertain tax positions as a component of the income tax provision (benefit). At December 31, 2022 and 2021, an immaterial amount of interest and penalties is included in long-term income taxes payable.
Rambus files income tax returns for the U.S., California, India and various other state and foreign jurisdictions. The U.S. federal returns are subject to examination from 2016 and forward. The California returns are subject to examination from 2017 and forward. In addition, any research and development credit carryforward or net operating loss carryforward generated in prior years and utilized in these or future years may also be subject to examination. The Company settled its 2010, 2016 and 2018 audits with the California Franchise Tax Board in 2021, agreeing to the immaterial adjustments proposed. The India returns are under examination by the Indian tax administration for tax years beginning with 2011, except for 2012 through 2014, which were assessed in the Company’s favor, and are subject to examination from 2015 and forward. These examinations may result in proposed adjustments to the income taxes as filed during these periods. Management regularly assesses the likelihood of outcomes resulting from income tax examinations to determine the adequacy of their provision for income taxes and believes their provision for unrecognized tax benefits is adequate.
At December 31, 2022, no other income taxes (state or foreign) have been provided on undistributed earnings of approximately $32.3 million from the Company’s international subsidiaries since these earnings have been, and under current plans will continue to be, indefinitely reinvested outside the United States. However, if such earnings were distributed, the Company would incur approximately $2.4 million of foreign withholding taxes and an immaterial amount of U.S. taxes.