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Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
For financial reporting purposes, income (loss) from continuing operations before income taxes includes the following components:
Year ended December 31,
202020192018
Rest of World$12,679 $1,169,007 $(20,923)
United States(85,952)(3,070)— 
Total$(73,273)$1,165,937 $(20,923)
The loss before income taxes above excludes losses from discontinued operations of $650 for the year ended December 31, 2020 (December 31, 2019 – $363; December 31, 2018 – $894).
Income tax expense consists of the following components:
Year ended December 31,
202020192018
Current:
Rest of World$1,024 $— $— 
United States323 — — 
Total$1,347 $— $— 
Deferred:
Rest of world$— $— $— 
United States— — — 
Total$— $— $— 
Included in accounts payable and other liabilities as of December 31, 2020 is $865 (December 31, 2019 – $nil; December 31, 2018 – $nil) related to current income tax expense above.
Income tax differs from that computed using the combined Canadian federal and provincial statutory income tax rate of 26.5%. Reconciliation of the expected income tax to the effective tax rate in continuing operations is as follows:
Year ended,
202020192018
Income (loss) before income taxes$(73,273)$1,165,937 $(20,923)
Effective income tax rate26.5 %26.5 %26.5 %
Expected income tax expense (benefit)$(19,417)$308,973 $(5,545)
Non-taxable income(711)(2,156)14 
Non-deductible share-based compensation2,498 2,839 2,466 
Non-deductible expenses1,364 764 — 
Non-deductible transaction costs3,146 1,523 — 
Effect of provincial tax rate difference(15)(44)(64)
Effect of tax rates outside of Canada(362)70 — 
Fair value gain on financial liabilities(34,250)(338,409)— 
Changes in valuation allowance48,227 25,808 3,437 
Other867 632 (308)
Income tax expense (recovery), net$1,347 $— $— 
The valuation allowance recorded against the loss on discontinued operations is not reflected in the effective tax rate reconciliation presented above for continuing operations.
The following table summarizes the significant components of the Company’s deferred tax assets and liabilities as of December 31, 2020 and December 31, 2019:
As of
20202019
Deferred assets:
Tax loss carryforwards$67,476 $30,908 
Interest expense carryforwards1,407 — 
Deferred financing costs4,233 5,690 
Share issuance cost1,573 2,217 
Finance lease obligation1,953 1,491 
Plant and equipment5,945 871 
Investment307 395 
Intangible asset4,218 — 
Reserve1,858 — 
Other570 482 
Total deferred tax assets89,540 42,054 
Less valuation allowance(85,935)(36,948)
Net deferred tax assets3,605 5,106 
Deferred tax liabilities:
Inventory— (1,227)
Plant and equipment— — 
Intangible assets— (2,126)
Investment— — 
License(1,662)(293)
Right-of-use assets(1,943)(1,460)
Total deferred tax liabilities(3,605)(5,106)
Net deferred tax liability$— $— 
The realization of deferred tax assets is dependent on the Company’s generating sufficient taxable income in the years that the temporary differences become deductible. A valuation allowance has been provided for the deferred tax assets that the Company determined did not meet the more-likely-than-not recognition threshold under U.S. GAAP.
As of December 31, 2020, the Company had net operating losses in Canada, the U.S., and Israel available to offset future years’ taxable income of approximately $177,651, $62,851, and $14,042, respectively. As of December 31, 2019, the Company had net operating losses in Canada, the U.S., and Israel available to offset future years’ taxable income of approximately $92,773, $14,374, and $8,763, respectively. The net operating losses in Canada will begin to expire, for purposes of carryforward, in fiscal year 2032. The net operating losses in the U.S. can be carried forward indefinitely for federal purposes. The net operating losses in Israel can be carried forward indefinitely.
Utilization of the net operating loss carryforwards may be subject to limitations under the tax laws applicable in each tax jurisdiction due to ownership changes that could occur in the future. These ownership changes could limit the amount of net operating loss carryforwards and other deferred tax assets that can be utilized to offset future taxable income and tax expense. Specifically, if Altria exercises its warrant the Company would recognize a change in control event and certain Canadian net operating loss carryforwards may be limited. Due to the existence of the valuation allowance, limitations created by ownership changes, if any, will not impact the Company’s effective tax rate.
The Company files federal income tax returns in Canada, Israel and the U.S. The Company has open tax years with the taxation jurisdictions. These open years contain certain matters that could be subject to differing interpretations of applicable tax laws and regulations and tax treaties, as they relate to the amount, timing, or inclusion of revenue and expense.
JurisdictionOpen Years
Canada2016 – 2020
United States2018 – 2020
Israel2019 – 2020
The following table outlines the movements in the valuation allowance:
Balance at beginning of yearChange due to foreign exchangeIncreaseBalance at end of year
Year ended December 31, 2020$(36,948)$(693)$(48,294)$(85,935)
Year ended December 31, 2019(7,931)(998)(28,019)(36,948)
As of December 31, 2020 and December 31, 2019, the Company recorded a valuation allowance of $85,935 and $36,948, respectively. The valuation allowance increased by $48,294 and $28,019 during the years ended December 31, 2020 and December 31, 2019, respectively. The increase in the valuation allowance during the years ended December 31, 2020 and December 31, 2019 was primarily due to an increase in net operating loss carryforwards, the utilization of which did not meet the more-likely-than-not recognition threshold.
Accounting guidance clarifies the accounting for uncertain tax positions and prescribes a recognition threshold and measurement process for recording in the financial statements uncertain tax positions taken or expected to be taken in a tax return. Additionally, the authoritative guidance addresses the de-recognition, classification, accounting in interim periods and disclosure requirements for uncertain tax positions. Only tax positions that meet the more-likely-than-not recognition threshold may be recognized. There were no identified unrecognized tax benefits as of December 31, 2020 or December 31, 2019.
The Company considers all earnings and profits of its subsidiaries outside Canada to be indefinitely reinvested. As of December 31, 2020 and December 31, 2019, the amount of undistributed earnings upon which income taxes have not been provided is immaterial to these consolidated financial statements.