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

14. Income Taxes 

A tax benefit of $37.8 million and $1.8 million was recorded for the years ended December 31, 2020 and 2018, as part of continuing operations. A tax provision of $12,000 was recorded for the year ended December 31, 2019.

The provision/(benefit) from income taxes is composed of the following (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

December 31, 

 

    

2020

 

2019

    

2018

Current

 

 

  

 

 

  

 

 

  

Federal

 

$

 —

 

$

 —

 

$

(1,446)

State

 

 

191

 

 

12

 

 

(331)

Total Current

 

 

191

 

 

12

 

 

(1,777)

Deferred:

 

 

  

 

 

  

 

 

  

Federal

 

 

(28,852)

 

 

 —

 

 

 —

State

 

 

(9,119)

 

 

 —

 

 

 —

Total Deferred

 

 

(37,971)

 

 

 —

 

 

 —

Total provision/(benefit) from Income taxes

 

$

(37,780)

 

$

12

 

$

(1,777)

A reconciliation of the U.S. federal statutory income tax rate to the Company’s effective tax rate is as follows: 

 

 

 

 

 

 

 

 

 

 

 

 

December 31, 

 

 

    

2020

 

 

2019

 

 

2018

 

Income tax provision at statutory rate

 

21

%  

 

21

%  

 

21

%

State income taxes, net of federal benefit

 

(38)

 

 

 6

 

 

 5

 

Share-based compensation

 

(100)

 

 

56

 

 

(2)

 

Warrant valuation

 

 —

 

 

(45)

 

 

(10)

 

Change in valuation allowance

 

(317)

 

 

(35)

 

 

13

 

State rate change

 

 —

 

 

 —

 

 

 2

 

Other

 

(2)

 

 

(3)

 

 

(3)

 

Effective tax rate

 

(436)

%  

 

 —

%  

 

26

%

The Company’s effective tax rate for the years ended December 31, 2020,  2019 and 2018 was (436%),  0%, and 26%, respectively. For the year ended December 31, 2020, the effective tax rate differs from the U.S. federal statutory rate primarily due to the release of the valuation allowance in this period, in addition to permanent tax adjustments, including windfalls upon the vesting of RSUs and exercise of stock options. For the year ended December 31, 2019, the effective tax rate differs from the U.S. federal statutory rate due to the increase in valuation allowance. For the year ended December 31, 2018, the effective tax rate differs from the U.S. federal statutory rate due to the decrease in valuation allowance offset by permanent tax adjustments.

Deferred Tax Balances

The components of the Company’s net deferred tax assets and liabilities are as follows (in thousands):

 

 

 

 

 

 

 

 

 

December 31, 

 

    

2020

    

2019

Deferred tax assets:

 

 

 

 

 

 

Net operating loss carryforwards

 

$

29,291

 

$

24,104

Capitalized start‑up costs

 

 

11

 

 

13

Research and development credits

 

 

1,039

 

 

1,039

Stock-based compensation

 

 

3,241

 

 

1,444

Accruals and reserves

 

 

4,116

 

 

1,416

Operating lease liabilities

 

 

2,475

 

 

 —

Property and equipment

 

 

154

 

 

103

Intangibles

 

 

195

 

 

624

Indirect tax

 

 

313

 

 

 —

Total deferred tax assets

 

 

40,835

 

 

28,743

Valuation allowance

 

 

(225)

 

 

(28,743)

Deferred tax assets after valuation allowance

 

$

40,610

 

$

 —

Deferred tax liabilities:

 

 

  

 

 

  

Goodwill

 

 

(392)

 

 

 —

Operating lease right-of-use assets

 

 

(2,247)

 

 

 —

Total deferred tax liabilities

 

 

(2,639)

 

 

 —

Net deferred tax assets

 

$

37,971

 

$

 —

 

Assessing the realizability of deferred tax assets requires the determination of whether it is more-likely-than-not that some portion or all the deferred tax assets will not be realized. In assessing the need for a valuation allowance, the Company considers all available positive and negative evidence, including future reversals of existing taxable temporary differences, projected future taxable income, loss carryback and tax-planning strategies. Generally, more weight is given to objectively verifiable evidence, such as the cumulative loss in recent years, as a significant piece of negative evidence to overcome. The valuation allowance decreased by approximately $1.1 million during the year ended December 31, 2018 and increased by $2.9 million during the year ended December 31, 2019. As of December 31, 2020, the Company achieved three years of cumulative income, along with projections of profitability, for which management determined that there is sufficient positive evidence to conclude that it is more likely than not that substantially all of the deferred tax assets will be realized. As such, $28.5 million of the valuation allowance has been released.

As of December 31, 2020, the Company has net operating loss carryforwards for federal and state income tax purposes of approximately $86.3 million and $85.0 million, respectively, which expire beginning in the year 2027.  In addition to the above federal net operating losses, the Company has net operating losses of $19.7 million with an indefinite carryforward period. There are certain state net operating losses that follow the federal carryforward period and are indefinite in nature. The federal and California research and development tax credits are approximately $0.7 million and $0.8 million, respectively. The federal research credits will begin to expire in 2030 and the California research and development credits have no expiration date. Utilization of the net operating loss carryforwards and credits may be subject to a substantial annual limitation due to ownership changes that may occur, as provided by Section 382 of the Internal Revenue Code of 1986, as well as similar state provisions. Such annual limitation could result in the expiration of net operating losses and credits before their utilization. The Company has most recently performed an analysis that confirmed an ownership change has not occurred as of December 31, 2020.  

 

Unrecognized Tax Benefits

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

December 31, 

 

    

2020

 

2019

    

2018

Balance at the beginning of the year

 

$

390

 

$

397

 

$

397

Reductions based upon tax positions related to the current year

 

 

 —

 

 

(7)

 

 

 —

Balance at the end of the year

 

$

390

 

$

390

 

$

397

 

In order for these unrecognized tax benefits to be realized, the net operating loss carryforwards must be utilized first. The Company does not anticipate any material change in its unrecognized tax benefits over the next twelve months.

The Company files U.S. federal and state income tax returns with varying statutes of limitations. All tax years since inception remain open to examination due to the carryover of unused net operating losses and tax credits.