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Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

15.

Income Taxes

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. The significant components of our deferred tax assets and liabilities for the periods presented are as follows (in thousands):

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

Deferred tax assets

 

 

 

 

 

 

 

 

Net operating losses

 

$

105,433

 

 

$

79,035

 

Tax credit carryforward

 

 

18,981

 

 

 

11,152

 

Non qualifying stock options

 

 

12,096

 

 

 

9,150

 

Deferred rent

 

 

 

 

 

11,755

 

Operating lease liabilities

 

 

31,052

 

 

 

 

Deferred revenue

 

 

59,713

 

 

 

1,706

 

Other

 

 

2,983

 

 

 

1,892

 

Total deferred tax assets

 

 

230,258

 

 

 

114,690

 

Valuation allowance

 

 

(197,527

)

 

 

(100,906

)

Deferred tax assets, net of valuation allowance

 

 

32,731

 

 

 

13,784

 

Deferred tax liabilities

 

 

 

 

 

 

 

 

Tangible and intangible assets

 

 

(5,760

)

 

 

(13,784

)

ROU assets

 

 

(26,971

)

 

 

 

Net deferred taxes

 

$

 

 

$

 

 

ASC Topic 740, Income Taxes, requires that the tax benefit of net operating losses, temporary differences and credit carryforwards be recorded as an asset to the extent that management assesses that realization is “more likely than not.” Realization of the future tax benefits is dependent on our ability to generate sufficient taxable income within the carryforward period. Because of our history of operating losses, management believes that recognition of the deferred tax assets arising from the above-mentioned future tax benefits is currently not likely to be realized and, accordingly, has provided a valuation allowance. The valuation allowance increased by $96.6 million and $30.2 million during the year ended December 31, 2020 and 2019, respectively.

In March 2020, the CARES Act was enacted and signed into law in response to COVID-19. The CARES Act, among other things, included several significant provisions that impacted corporate taxpayers' accounting for income taxes, including modification to the utilization of net operating losses and interest expense deduction limitations. However, none of these provisions have an impact on our tax provision.

Federal tax laws impose substantial restrictions on the utilization of net operating loss and credit carryforwards in the event of an ownership change, as defined in Section 382 of the Internal Revenue Code. Accordingly, our ability to utilize these carryforwards may be limited due to such ownership changes. We have completed a Section 382 analysis for changes in ownership through December 31, 2018 and an analysis is ongoing for ownership changes through December 31, 2020. Based on these analyses, we do not expect to have any permanent limitations on the utilization of our federal net operating losses. Under the TCJA federal income tax law, federal net operating losses incurred in 2018 and in future years may be carried forward indefinitely, but the deductibility of such federal net operating losses is limited. Net operating losses generated prior to 2018 are eligible to be carried forward up to 20 years. As of December 31, 2020, we had U.S. federal net operating losses of $192.5 million and U.S. federal tax credits of $18.8 million that will begin to expire in 2028. We also have $211.9 million of net operating losses that do not expire.

The effective tax rate of our provision for income taxes differs from the federal statutory rate for the periods presented as follows:

 

 

 

Year Ended December 31,

 

 

2020

 

2019

 

2018

Statutory rate

 

21.0%

 

21.0%

 

21.0%

State tax

 

13.8

 

8.1

 

5.5

Stock compensation

 

25.2

 

9.8

 

0.5

Permanent items

 

(0.1)

 

(1.0)

 

0.5

Credits

 

5.7

 

6.1

 

2.7

Other

 

0.5

 

0.3

 

0.1

Change in valuation allowance

 

(66.1)

 

(44.3)

 

(30.3)

Total

 

0.0%

 

0.0%

 

0.0%

 

We recognize, in our financial statements, the effect of a tax position when it is more likely than not, based on the technical merits, that the position will be sustained upon examination. We had unrecognized tax benefits of $3.5 million as of December 31, 2020. A reconciliation of the beginning and ending amounts of unrecognized tax benefits during the periods presented are as follows (in thousands):

 

Balance at December 31, 2017

 

$

1,031

 

Additions in 2018

 

 

229

 

Balance at December 31, 2018

 

 

1,260

 

Additions in 2019

 

 

792

 

Balance at December 31, 2019

 

 

2,052

 

Additions in 2020

 

 

1,437

 

Balance at December 31, 2020

 

$

3,489

 

 

During the year ended December 31, 2020 and 2019, we recognized uncertain tax positions of $1.4 million and $0.8 million, respectively, related to a reduction of the research and development credit deferred tax asset. Unrecognized tax benefits may change during the next twelve months for items that arise in the ordinary course of business. We do not anticipate a material change to our unrecognized tax benefits over the next twelve months that would have an adverse effect on our operating results.

We recognize interest and penalties accrued on any unrecognized tax benefits as a component of income tax expense. We had no accrued interest or penalties related to uncertain tax positions as of December 31, 2020 and 2019.

We file federal and certain state income tax returns, which provide varying statutes of limitations on assessments. However, because of net operating loss carryforwards, substantially all tax years since inception remain open to federal and state tax examination.