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Income Taxes
 12 Months Ended
Dec. 31, 2024
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
Total income before income tax expense summarized by region was as follows (in thousands):
Year Ended December 31,
202420232022
United States$557,852 $348,828 $248,918 
Foreign(720)(499)— 
Income before income tax expense
$557,132 $348,329 $248,918 
Significant components of our net deferred tax assets (liabilities) were as follows (in thousands).
December 31,
20242023
Deferred tax assets
Net operating loss carryforwards$20,736 $32,753 
Research and development and orphan drug credits17,868 38,192 
Share-based compensation6,567 5,024 
ASC 842 lease liability7,126 7,258 
Capitalized research expense30,253 19,543 
Inventory related reserves19,867 13,561 
Other, net4,206 6,746 
Total deferred tax assets
106,623 123,077 
Valuation allowance for deferred tax assets(2,363)(2,588)
Deferred tax assets, net of valuation allowance104,260 120,489 
Deferred tax liabilities
Non-deductible book amortization (89,247)(103,492)
ASC 842 right of use asset(7,882)(8,259)
Other, net(3,276)(4,352)
Total deferred tax liabilities(100,405)(116,103)
Net deferred tax asset $3,855 $4,386 
A valuation allowance of $2.4 million and $2.6 million has been established to offset the net DTAs as of December 31, 2024 and 2023, respectively, as realization of such assets is uncertain.
On a periodic basis, we reassess the valuation allowance of our DTAs, weighing all positive and negative evidence, to assess if it is more-likely-than-not that some or all our DTAs will be realized. After assessing both positive and negative evidence, we determined that it was more likely than not that our DTAs would be realized except for certain deferred tax assets associated with unrealized cash flow hedge and net operating losses in foreign jurisdictions where we do not expect benefit.
Income tax expense (benefit) was comprised of the following components (in thousands):
Year Ended December 31,
202420232022
Current - federal$98,139 $24,963 $6,157 
Current - state13,762 5,717 2,525 
Deferred - federal1,815 34,037 44,757 
Deferred - state(675)2,018 (6,650)
Total income tax expense
$113,041 $66,735 $46,789 
The provision for income taxes on earnings subject to income taxes differs from the statutory federal income tax rate due to the following:
Year Ended December 31,
202420232022
Federal income tax expense
21.00 %21.00 %21.00 %
State income tax expense, net of federal income tax impact
2.25 %2.76 %0.82 %
Executive compensation limitation0.58 %0.90 %2.61 %
Foreign-derived intangible income(3.81)%(3.44)%(5.06)%
Research and development credits, net(0.39)%(2.71)%— %
Non-deductible expenses and other0.66 %0.62 %(0.57)%
Effective income tax rate
20.29 %19.13 %18.80 %
As of December 31, 2024, our unrecognized tax benefit and uncertain tax positions were $24.5 million, of which $23.6 million will impact the effective tax rate when resolved. Of the unrecognized tax benefits, we do not expect any significant changes to occur in the next 12 months. Interest and/or penalties related to uncertain income tax positions are recognized by us as a component of income tax expense. For the years ended December 31, 2024, 2023 and 2022, we recognized an immaterial amount of interest and penalties.
The following table summarizes the activity related to our unrecognized tax benefits (in thousands):
Year Ended December 31,
202420232022
Gross unrecognized tax benefits, beginning of period
$21,918 $19,482 $17,692 
Increases in tax positions for prior years2,181 1,645 — 
Decreases in tax positions for prior years and lapse in statute of limitations
(192)— (1,148)
Increases in tax positions related to business acquisition— — 2,151 
Increases in tax positions for current year 612 791 787 
Gross unrecognized tax benefits, end of period$24,519 $21,918 $19,482 
As of December 31, 2024, we had California and other state net operating loss carryforwards of approximately $236.9 million and $63.1 million, respectively. The California and other state net operating loss carryforwards begin to expire in 2029.
As of December 31, 2024, we had federal and California research and development tax credit carryforwards of approximately $1.1 million, and $25.2 million, respectively. The federal research and development tax credits will begin to expire in 2040 unless previously utilized. The California research and development tax credits will carryforward indefinitely until utilized.
Pursuant to Internal Revenue Code Section 382, the annual use of the net operating loss carryforwards and research and development tax credits could be limited by any greater than 50% ownership change during any three-year testing period. As a result of any such ownership change, portions of our net operating loss carryforwards and research and development tax credits are subject to annual limitations. We completed an updated Section 382 analysis regarding the limitation of the net operating losses and research and development credits as of the acquisition of Antares. Based upon the analysis, we determined that ownership changes occurred in prior years; however, the annual limitations on net operating loss and research and development tax credit carryforwards will not have a material impact on the future utilization of such carryforwards.
We do not provide for U.S. income taxes on the undistributed earnings of our foreign subsidiary as it is our intention to utilize those earnings in the foreign operations for an indefinite period of time. As of December 31, 2024 and 2023, there were no undistributed earnings in foreign subsidiaries.
We are subject to taxation in the U.S. and in various state and foreign jurisdictions. Our tax years for 2008 and forward are subject to examination by the U.S. federal and state tax authorities due to the carryforward of unutilized net operating losses and research and development credits.