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INCOME TAXES
 12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
INCOME TAXES

10. INCOME TAXES

The following table reconciles the federal statutory tax rate to the effective income tax rate from continuing operations:

 

 

 

2022

 

 

 

2021

 

2020

Tax at statutory rate

 

21.0

 

%

 

 

21.0

 

%

 

 

21.0

 

%

State income tax, net of federal benefit

 

6.8

 

 

 

 

9.0

 

 

 

 

6.9

 

 

Federal and state tax credits

 

4.9

 

 

 

 

5.7

 

 

 

 

5.3

 

 

Stock-based compensation

 

(0.8

)

 

 

 

(1.2

)

 

 

 

(0.5

)

 

Net operating loss not benefitted

 

(4.3

)

 

 

 

(5.4

)

 

 

 

(6.9

)

 

Other

 

(0.1

)

 

 

 

(0.2

)

 

 

 

(0.3

)

 

Change in valuation allowance

 

(27.5

)

 

 

 

(28.9

)

 

 

 

(25.5

)

 

Effective tax rate

 

0.0

 

%

 

 

0.0

 

%

 

 

0.0

 

%

 

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. Significant components of our deferred tax assets are as follows:

 

 

 

December 31,

 

 

 

2022

 

 

2021

 

 

 

(In thousands)

 

Net operating loss carryforwards

 

$

254,500

 

 

$

241,300

 

Federal and state tax credits

 

 

56,700

 

 

 

49,600

 

Capitalized research and development

 

 

21,800

 

 

 

6,900

 

Stock-based compensation

 

 

10,800

 

 

 

10,200

 

Operating lease liabilities

 

 

1,300

 

 

 

1,400

 

Other

 

 

5,600

 

 

 

2,600

 

Total deferred tax assets

 

 

350,700

 

 

 

312,000

 

Less: valuation allowance

 

 

(349,600

)

 

 

(310,700

)

Net deferred tax assets

 

 

1,100

 

 

 

1,300

 

 

 

 

 

 

 

 

Operating leases, right-of-use assets

 

 

(1,100

)

 

 

(1,300

)

Total deferred tax liabilities

 

 

(1,100

)

 

 

(1,300

)

Total net deferred tax assets

 

$

—

 

 

$

—

 

 

We record net deferred tax assets to the extent we believe these assets will more likely than not be realized. In making such determination, we consider all available positive and negative evidence, including scheduled reversals of deferred tax liabilities, projected future taxable income, tax planning strategies and recent financial performance. Forming a conclusion that a valuation allowance is not required is difficult when there is negative evidence such as cumulative losses in recent years. Because of our history of losses, the net deferred tax assets have been fully offset by a valuation allowance. The valuation allowance increased by $38,900,000 and $33,500,000 for the years ended December 31, 2022 and 2021, respectively.

As of December 31, 2022, we had domestic federal net operating loss carryforwards of approximately $993,100,000. Of this, $685,300,000 will expire at various dates beginning in 2023 through 2037 and the remaining will carryforward indefinitely under the new tax laws, but is subject to an 80% taxable income limitation for tax years beginning after 2020. As of December 31, 2022, we had state net operating loss carryforwards of approximately $658,400,000 expiring at various dates beginning in 2028 through 2041, if not utilized. We also had

federal tax credit carryforwards of approximately $62,700,000 expiring at various dates beginning in 2023 through 2042, if not utilized. Our state tax credit carryforwards of approximately $20,900,000 carry forward indefinitely.

Utilization of net operating loss and tax credit carryforwards may be subject to an annual limitation due to ownership change limitations provided by the Internal Revenue Code and similar state provisions. Annual limitations may result in expiration of net operating loss and tax credit carryforwards before some or all of such amounts have been utilized. The impact of any limitations that may be imposed due to such ownership changes has not yet been determined.

In March and December 2020, in response to the COVID-19 pandemic, the Coronavirus Aid, Relief and Economic Security Act, or the CARES Act, and the Consolidated Appropriations Act, 2021 were passed into law and provide additional economic stimulus to address the impact of the COVID-19 pandemic, including among other items, several U.S. income tax provisions related to, among other things, net operating loss carrybacks, alternative minimum tax credits, modifications to interest expense limitations, and an option to defer payroll tax payments for a limited period. In 2021, we assessed our eligibility to claim a refund of employer taxes available under the Employee Retention Credit provisions of the CARES Act. For the years ended December 31, 2022 and 2021, we calculated eligible credits of approximately $483,000 and $1,152,000, respectively, provided by the CARES Act, which have been recognized as offsets to salaries costs in operating expenses in 2022 and 2021, respectively. As of December 31, 2022, the aggregate eligible credit amount has been accrued as a receivable on our consolidated balance sheets.

We adopted the provision of the standard for accounting for uncertainties in income taxes on January 1, 2007. Upon adoption, we recognized no material adjustment in the liability for unrecognized tax benefits. At December 31, 2022, we had approximately $23,700,000 of unrecognized tax benefits, none of which would currently affect our effective tax rate if recognized due to our net deferred tax assets being fully offset by a valuation allowance.

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

 

Balance as of December 31, 2021

 

$

21,300

 

Decrease related to prior year tax positions

 

 

—

 

Increase related to current year tax positions

 

 

2,400

 

Balance as of December 31, 2022

 

$

23,700

 

 

If applicable, we would classify interest and penalties related to uncertain tax positions in income tax expense. Through December 31, 2022, there has been no interest expense or penalties related to unrecognized tax benefits.

We do not currently expect any significant changes to unrecognized tax benefits during the fiscal year ended December 31, 2023. In certain cases, our uncertain tax positions are related to tax years that remain subject to examination by the relevant tax authorities. Tax years for which we have carryforward net operating loss and credit attributes remain subject to examination by federal and most state tax authorities.