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INCOME TAXES (Tables)
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Schedule of Provision for (Benefit from) Income Taxes Based on Income (Loss) Before Income Taxes
The Provision for (Benefit from) Income Taxes was based on Income (Loss) before Income Taxes as follows:
Years Ended December 31,
20222021
2020 (1)
U.S. Source$(299,403)$(259,258)$(169,614)
Non-U.S. Source448,979 183,908 120,617 
Income (loss) before income taxes$149,576 $(75,350)$(48,997)
Schedule of Components of Provision for (Benefit From) Income Taxes
The U.S. and foreign components of the Provision for (Benefit from) Income Taxes were as follows:
Years Ended December 31,
20222021
2020 (1)
Provision for (benefit from) income taxes
Federal$12,798 $(2,038)$(15,073)
State and local5,058 1,339 998 
Foreign42,246 5,037 1,042 
60,102 4,338 (13,033)
Provision for (benefit from) deferred income taxes:
Federal(79,270)(29,895)(46,124)
State and local(5,143)(1,230)(5,321)
Foreign32,326 15,517 (838,548)
(52,087)(15,608)(889,993)
Provision for (benefit from) income taxes$8,015 $(11,270)$(903,026)
(1)Certain December 31, 2020 amounts have been corrected for an immaterial error identified in the third quarter of 2022. See Note 1 to these Consolidated Financial Statements for details.
Schedule of Reconciliation of Statutory Federal Income Tax Rate to Company's Effective Income Tax Rate
The following is a reconciliation of the statutory federal income tax benefit to the Company’s effective tax rate:
December 31,
20222021
2020 (3)
Federal statutory income tax rate$31,412 $(15,824)$(10,289)
State and local taxes(1,017)509 (3,467)
Orphan Drug & General Business Credit(35,674)(29,363)(44,114)
Stock compensation expense6,433 7,859 (1,101)
Foreign Source Income Subject to US Tax(5,644)16,878 6,266 
Foreign tax rate differential (1) (2)
(4,051)(16,971)(16,238)
Section 162(m) limitation6,577 6,304 9,571 
Tax Reserves18,043 15,530 2,166 
Intra-entity transfer of assets(18,752)(3,920)(852,338)
CARES act carryback claim— — (2,201)
Valuation allowance/deferred benefit7,851 6,821 6,876 
Other2,837 907 1,843 
Effective income tax rate$8,015 $(11,270)$(903,026)
(1)For the year ended December 31, 2022, the foreign rate differential included foreign local tax expense which was at an effective rate lower than the U.S. statutory rate and is offset by the PRV income taxed at a higher tax rate.
(2)For the year ended December 31, 2021, the foreign rate differential included foreign local tax expense which was at an effective rate lower than the U.S. statutory rate and includes the recognition of the valuation allowance against a portion of the deferred tax assets of the Company’s Dutch subsidiary of $9.3 million.
(3)Certain December 31, 2020 amounts have been corrected for an immaterial error identified in the third quarter of 2022. See Note 1 to these Consolidated Financial Statements for details.
Schedule of Components of Net Deferred Tax Assets
The significant components of the Company’s net deferred tax assets were as follows:
December 31,
20222021
Net deferred tax assets:
Net operating loss carryforwards$20,657 $25,936 
Tax credit carryforwards (1)
555,319 564,109 
Accrued expenses, reserves, and prepaids88,697 72,759 
Intangible assets836,402 875,311 
Capitalized research and development expenses103,212 — 
Stock-based compensation49,472 50,910 
Lease liabilities5,757 7,422 
Inventory22,726 25,169 
Other5,596 1,942 
Valuation allowance(116,299)(109,176)
Total deferred tax assets1,571,539 1,514,382 
Joint venture basis difference(745)(1,665)
Acquired intangibles(1,138)(1,250)
ROU Assets(5,347)(6,808)
Property, plant and equipment(58,897)(54,498)
Total deferred tax liabilities(66,127)(64,221)
Net deferred tax assets$1,505,412 $1,450,161 
(1)Certain December 31, 2021 amounts have been corrected for an immaterial error identified in the third quarter of 2022. See Note 1 to these Consolidated Financial Statements for details.
Schedule of Expiration of not Utilized Net Operating Loss and Tax Credit Carryforwards
As of December 31, 2022, the Company had the following net operating loss and tax credit carryforwards, which if not utilized, will expire as follows:
TypeAmountYear
Federal net operating loss carryforwards$3,628  2030-2033
Federal R&D and orphan drug credit carryforwards$585,322  2024-2042
State net operating loss carryforwards$186,594  2023-2042
Dutch net operating loss carryforwards$38,912  Indefinite
Schedule of Reconciliation of Unrecognized Tax Benefits
A reconciliation of the beginning and ending amount of unrecognized tax benefits for the years ended December 31, 2022 and 2021, is as follows:
December 31,
20222021
Balance at beginning of period$205,095 $182,564 
Additions based on tax positions related to the current year26,762 23,499 
(Deletions) Additions for tax positions of prior years1,017 (786)
Lapse of statute of limitations(18)(182)
Balance at end of period$232,856 $205,095