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Income Taxes (Tables)
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Schedule of (Benefit) Provision for 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

 

Schedule of (Loss) Income Before Provision for Income Taxes by Geographical Area

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

)

Schedule of Components of Net Deferred Tax Assets (Liabilities)

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

 

 

Schedule of Activity in Valuation Allowance Associated with Deferred taxes

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.

Schedule of Reconciliation of Federal Statutory Tax Rate to its Effective Tax Rate

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.

Schedule of Reconciliation of Beginning and Ending Amount of Unrecognized Tax Benefits

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