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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

18. INCOME TAXES

The Company’s (benefit) provision for income taxes is comprised of the following:

 

 

 

Year Ended December 31,

 

(In thousands)

 

2019

 

 

2018

 

 

2017

 

Current income tax (benefit) provision:

 

 

 

 

 

 

 

 

 

 

 

 

U.S. federal

 

$

(471

)

 

$

(53

)

 

$

6,964

 

U.S. state

 

 

354

 

 

 

1,774

 

 

 

350

 

Rest of world

 

 

 

 

 

 

 

 

123

 

Deferred income tax (benefit) provision:

 

 

 

 

 

 

 

 

 

 

 

 

U.S. federal

 

 

(1,503

)

 

 

10,624

 

 

 

8,188

 

U.S. state

 

 

881

 

 

 

62

 

 

 

(933

)

Ireland

 

 

303

 

 

 

(63

)

 

 

(21

)

Total tax (benefit) provision

 

$

(436

)

 

$

12,344

 

 

$

14,671

 

 

The income tax benefit in 2019 and the income tax provision in 2018 and 2017 were primarily due to U.S. federal and state taxes. The favorable change in income taxes in 2019, as compared to 2018, was primarily due the foreign derived intangible income proposed regulations issued by the U.S. Department of the Treasury and the U.S. Internal Revenue Service (“IRS”) in March 2019. The favorable change in income taxes in 2018, as compared to 2017, was due to the one-off nature of a $21.5 million tax expense in 2017 from the enactment of the Tax Cuts and Jobs Act, partially offset by increased taxes on income earned in the U.S.

No provision for income tax has been provided on undistributed earnings of the Company's foreign subsidiaries because such earnings are indefinitely reinvested in the foreign operations or may be repatriated to Ireland without incurring any tax liability. Cumulative unremitted earnings of overseas subsidiaries totaled approximately $418.1 million at December 31, 2019. In the event of a repatriation of those earnings in the form of dividends or otherwise, the Company may be liable for income taxes, subject to adjustment, if any, for foreign tax credits and foreign withholding taxes payable to foreign tax authorities. The Company estimates that approximately $12.9 million of income taxes would be payable on the repatriation of the unremitted earnings to Ireland.

The distribution of the Company’s loss before the (benefit) provision for income taxes by geographical area consisted of the following:

 

 

 

Year Ended December 31,

 

(In thousands)

 

2019

 

 

2018

 

 

2017

 

Ireland

 

$

(141,869

)

 

$

(180,195

)

 

$

(172,363

)

U.S.

 

 

(55,102

)

 

 

53,287

 

 

 

2,414

 

Rest of world

 

 

(85

)

 

 

(59

)

 

 

26,675

 

Loss before (benefit) provision for income taxes

 

$

(197,056

)

 

$

(126,967

)

 

$

(143,274

)

 

The components of the Company’s net deferred tax assets (liabilities) were as follows:

 

 

 

December 31,

 

 

December 31,

 

(In thousands)

 

2019

 

 

2018

 

Deferred tax assets:

 

 

 

 

 

 

 

 

NOL carryforwards

 

$

227,872

 

 

$

198,633

 

Tax credits

 

 

57,385

 

 

 

52,395

 

Share-based compensation

 

 

45,214

 

 

 

44,873

 

Accrued expenses and reserves

 

 

20,337

 

 

 

15,892

 

Other

 

 

8,756

 

 

 

8,669

 

Less: valuation allowance

 

 

(242,059

)

 

 

(219,093

)

Total deferred tax assets

 

 

117,505

 

 

 

101,369

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Intangible assets

 

 

 

 

 

 

Property, plant and equipment

 

 

(19,926

)

 

 

(14,533

)

Other

 

 

(1,590

)

 

 

(1,274

)

Total deferred tax liabilities

 

 

(21,516

)

 

 

(15,807

)

Net deferred tax assets

 

$

95,989

 

 

$

85,562

 

 

In February 2016 the FASB issued Topic 842, Leases, which includes the requirement for lessees to record a right-of-use asset and lease liability for virtually all leases. In addition, lessees are required to record deferred taxes resulting from any book versus tax basis differences upon the adoption of the standard. On January 1, 2019, the Company adopted this standard and recorded a cumulative-effect adjustment of $4.3 million to deferred tax asset in respect of the accrued lease liability and a $4.3 million deferred tax liability in respect of the right to use asset.  There was no net impact to the income statement or to equity as a result of the adoption.

The activity in the valuation allowance associated with deferred taxes consisted of the following:

 

(In thousands)

 

Balance at Beginning of Period

 

 

Additions (1)

 

 

Balance at

End of Period

 

Deferred tax asset valuation allowance for the year ended December 31, 2017

 

$

(141,859

)

 

$

(30,938

)

 

$

(172,797

)

Deferred tax asset valuation allowance for the year ended December 31, 2018

 

$

(172,797

)

 

$

(46,296

)

 

$

(219,093

)

Deferred tax asset valuation allowance for the year ended December 31, 2019

 

$

(219,093

)

 

$

(22,966

)

 

$

(242,059

)

 

(1)

The additions in each of the periods presented relate primarily to Irish NOLs. Additionally, in 2019 the Company’s valuation allowance was increased by $3.0 million as a result of the attributes acquired as part of the acquisition of Rodin.

At December 31, 2019, the Company maintained a valuation allowance of $17.3 million against certain U.S. state deferred tax assets and $224.8 million against certain Irish deferred tax assets as the Company has determined that it is more-likely-than-not that these net deferred tax assets will not be realized. If the Company demonstrates consistent profitability in the future, the evaluation of the recoverability of these deferred tax assets could change and the remaining valuation allowances could be released in part or in whole. If the Company incurs losses in the U.S. in the future, or experiences significant excess tax benefits arising from the future exercise of stock options and/or the vesting of RSUs, the evaluation of the recoverability of the U.S. deferred tax assets could change and a valuation allowance against the U.S. deferred tax assets may be required in part or in whole.

As of December 31, 2019, the Company had $1.5 billion of Irish NOL carryforwards, $49.5 million of U.S. federal NOL carryforwards, $44.5 million of state NOL carryforwards, $49.6 million of federal R&D credits and $18.0 million of state tax credits which will either expire on various dates through 2039 or can be carried forward indefinitely. These loss and credit carryforwards are available to reduce certain future Irish and foreign taxable income and tax. These loss and credit carryforwards are subject to review

and possible adjustment by the appropriate taxing authorities. These loss and credit carryforwards, which may be utilized in a future period, may be subject to limitations based upon changes in the ownership of the Company's ordinary shares.

As a result of the acquisition of Rodin, the Company acquired $51.4 million of U.S. federal NOL carryforwards, $43.3 million of state NOL carryforwards, $0.8 million of U.S. federal R&D credit carryforwards and $0.4 million of state R&D credit carryforwards. These attributes are subject to multiple limitations based upon prior changes in the ownership of the ordinary shares of Rodin.

A reconciliation of the Company’s statutory tax rate to its effective tax rate is as follows:

 

 

 

Year Ended December 31,

 

 

(In thousands, except percentage amounts)

 

2019

 

 

 

2018

 

 

 

2017

 

 

Statutory tax rate

 

 

12.5

 

%

 

 

12.5

 

%

 

 

12.5

 

%

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Income tax provision at statutory rate

 

$

(24,632

)

 

 

$

(15,871

)

 

 

$

(17,909

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Change in valuation allowance

 

 

19,882

 

 

 

 

28,371

 

 

 

 

26,771

 

 

In-process R&D(1)

 

 

10,824

 

 

 

 

 

 

 

 

 

 

Share-based compensation

 

 

6,287

 

 

 

 

1,163

 

 

 

 

(1,205

)

 

Foreign rate differential(2)

 

 

5,390

 

 

 

 

5,405

 

 

 

 

(682

)

 

U.S. state income taxes, net of U.S. federal benefit

 

 

1,051

 

 

 

 

1,732

 

 

 

 

(558

)

 

Foreign derived intangible income

 

 

(3,450

)

 

 

 

 

 

 

 

 

 

Intercompany amounts(3)

 

 

(1,125

)

 

 

 

(751

)

 

 

 

(5,041

)

 

R&D credit

 

 

(8,846

)

 

 

 

(7,698

)

 

 

 

(9,326

)

 

Federal tax law change(4)

 

 

(8,111

)

 

 

 

 

 

 

 

21,453

 

 

Irish rate differential(5)

 

 

(146

)

 

 

 

(2,350

)

 

 

 

(2,675

)

 

Impairment on equity method investment

 

 

 

 

 

 

 

 

 

 

1,662

 

 

Other permanent items(6)

 

 

2,440

 

 

 

 

2,343

 

 

 

 

2,181

 

 

Income tax (benefit) provision

 

$

(436

)

 

 

$

12,344

 

 

 

$

14,671

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Effective tax rate

 

 

0.2

 

%

 

 

(9.7

)

%

 

 

(10.2

)

%

 

(1)

Represents the tax effect of the research and development expense recorded on the acquisition of Rodin.

(2)

Represents income or losses of non-Irish subsidiaries, including U.S. subsidiaries, subject to tax at a rate other than the Irish statutory rate.

(3)

Intercompany amounts include cross-territory eliminations, the pre-tax effect of which has been eliminated in arriving at the Company's consolidated loss before taxes.

(4)

During the year ended December 31, 2019, federal tax law change represents federal income tax benefit related to the foreign derived intangible income deductions for 2018 following the publications by the IRS and the Department of Treasury of proposed regulations in March 2019. During the year ended December 31, 2017, federal tax law change resulted in a $21.5 million deferred tax expense related to the reduction in the U.S. federal tax rate from 35% to 21%.

(5)

Represents income or losses of Irish companies subject to tax at a rate other than the Irish statutory rate.

(6)

Other permanent items include, but are not limited to, non-deductible meals and entertainment expenses, non-deductible lobbying expenses, the impact of the tax treatment of the FDA branded prescription drug fee and non-deductible compensation of senior officers of the Company.

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

 

 

 

Unrecognized

 

(In thousands)

 

Tax Benefits

 

Balance, December 31, 2016

 

$

4,688

 

Reductions based on tax positions related to prior periods

 

 

(47

)

Additions based on tax positions related to the current period

 

 

877

 

Balance, December 31, 2017

 

$

5,518

 

Additions based on tax positions related to prior periods

 

 

4

 

Additions based on tax positions related to the current period

 

 

559

 

Balance, December 31, 2018

 

$

6,081

 

Additions based on tax positions related to prior periods

 

 

38

 

Additions based on tax positions related to the current period

 

 

738

 

Balance, December 31, 2019

 

$

6,857

 

 

The unrecognized tax benefits at December 31, 2019, if recognized, would affect the Company's effective tax rate. The Company does not anticipate that the amount of existing unrecognized tax benefits will significantly increase or decrease within the next 12 months. The Company has elected to include interest and penalties related to uncertain tax positions as a component of its provision for taxes. For the years ended December 31, 2019, 2018 and 2017, the Company's accrued interest and penalties related to uncertain tax positions were not material.

The Company’s major taxing jurisdictions include Ireland and the U.S. (federal and state). These jurisdictions have varying statutes of limitations.  In the U.S., the 2016 through 2019 fiscal years remain subject to examination by the respective tax authorities. In Ireland, the years 2015 to 2019 remain subject to examination by the Irish tax authorities. Additionally, because of the Company’s Irish and U.S. loss carryforwards and credit carryforwards, certain tax returns from fiscal years 1999 onward may also be examined. These years generally remain open for three to four years after the loss carryforwards and credit carryforwards have been utilized.

The years ended December 31, 2018 and 2017 for Alkermes U.S. Holdings, Inc. are currently under examination by the State of California.  The years ended December 31, 2015 and 2014 for Alkermes U.S. Holdings, Inc. are currently under examination by the State of Illinois.  There are no uncertain tax positions or adjustments associated with the audits at this time.