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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes

14. INCOME TAXES

Income or (loss) before income taxes for the years ended December 31, 2016, 2015 and 2014 is summarized as follows (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

United States

 

$

(21,753

)

 

$

(13,707

)

 

$

(719

)

Foreign

 

 

(19,609

)

 

 

 

 

 

 

 

 

$

(41,362

)

 

$

(13,707

)

 

$

(719

)

 

The components of the provision for (benefit from) income taxes are summarized as follows (in thousands):

 

 

 

As of December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

Current

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

49

 

 

$

 

 

$

 

State

 

 

11

 

 

 

 

 

 

 

Foreign

 

 

32

 

 

 

 

 

 

 

Total Current

 

 

92

 

 

 

 

 

 

 

Deferred

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(251

)

 

 

 

 

 

(1,500

)

State

 

 

(49

)

 

 

 

 

 

 

Foreign

 

 

(1,398

)

 

 

 

 

 

 

Total Deferred

 

 

(1,698

)

 

 

 

 

 

(1,500

)

Provision for (benefit from) income taxes

 

$

(1,606

)

 

$

 

 

$

(1,500

)

 

The Company’s actual provision for tax differed from the amounts computed by applying the U.S. federal income tax rate of 34% to pretax income as a result of the following:

 

 

 

Year Ended December, 31,

 

 

 

2016

 

 

2015

 

 

2014

 

Federal tax at statutory rate

 

 

34.0

%

 

 

34.0

%

 

 

34.0

%

Stock-based compensation

 

 

-0.5

%

 

 

-1.9

%

 

 

-9.5

%

Change in valuation allowance

 

 

-16.8

%

 

 

-31.1

%

 

 

190.6

%

Foreign rate differential

 

 

-1.3

%

 

 

0.0

%

 

 

0.0

%

Preferred stock warrant revaluation

 

 

-0.2

%

 

 

0.0

%

 

 

-0.7

%

Interest expense

 

 

0.0

%

 

 

0.0

%

 

 

-5.8

%

Contingent liability for IMX acquisition

 

 

0.4

%

 

 

0.0

%

 

 

38.2

%

Acquisition costs

 

 

-1.2

%

 

 

-3.2

%

 

 

-36.7

%

Goodwill impairment

 

 

-10.8

%

 

 

0.0

%

 

 

0.0

%

Other

 

 

0.3

%

 

 

2.2

%

 

 

-1.3

%

Effective income tax rate

 

 

3.9

%

 

 

0.0

%

 

 

208.8

%

 

Deferred income tax assets and liabilities consist of the following: (in thousands):

 

 

 

As of December 31,

 

 

 

2016

 

 

2015

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

71,925

 

 

$

65,957

 

Tax credit carryforwards

 

 

4,947

 

 

 

4,533

 

Accruals

 

 

1,274

 

 

 

1,125

 

Other

 

 

1,088

 

 

 

698

 

Gross deferred tax assets

 

 

79,234

 

 

 

72,313

 

Valuation allowance

 

 

(76,295

)

 

 

(70,053

)

Total deferred tax assets

 

 

2,939

 

 

 

2,260

 

 

 

 

 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Property and equipment

 

 

195

 

 

 

95

 

Purchased intangibles

 

 

(8,979

)

 

 

(2,355

)

Other

 

 

(212

)

 

 

 

Total deferred tax liabilities

 

 

(8,996

)

 

 

(2,260

)

Net deferred tax liabilities

 

$

(6,057

)

 

$

 

 

The Company assesses the realizability of its net deferred tax assets by evaluating all available evidence, both positive and negative, including (1) cumulative results of operations in recent years, (2) sources of recent losses, (3) estimates of future taxable income and (4) the length of net operating loss carryforward periods. The Company believes that based on the history of its U.S. losses and other factors, the weight of available evidence indicates that it is more likely than not that it will not be able to realize its U.S. net deferred tax assets. Accordingly, the U.S. net deferred tax assets have been offset by a full valuation allowance. The valuation allowance increased by $6.2 million and $3.7 million during the years ended December 31, 2016 and 2015, respectively.

As of December 31, 2016, the Company had domestic federal net operating loss carryforwards of $198.2 million, domestic state net operating loss carryforwards of $102.1 million, and foreign net operating loss carryforwards of $2.4 million that can reduce future taxable income. The domestic federal and state net operating loss carryforwards will begin to expire in 2018 and 2017, respectively. The foreign net operating loss carryforwards can be carried forward indefinitely.

As of December 31, 2016, the Company had credit carryforwards of approximately $3.9 million and $4.8 million available to reduce future taxable income, if any, for domestic federal and California state income tax purposes, respectively. The domestic federal credit carryforwards begin to expire in 2021. California credits have no expiration date.

Utilization of the Company's net operating loss and credit carryforwards may be subject to a substantial annual limitation due to the ownership change limitations provided by the Internal Revenue Code of 1986, as amended and similar state provisions. Based on a preliminary review of the Company's equity transactions since inception, the Company believes a portion of its net operating loss carryforwards and credit carryforwards may be limited due to equity financings which occurred in 2000, 2004, 2007, 2014 through the current period.

A reconciliation of the Company’s unrecognized tax benefits is as follows (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

Balance at beginning of year

 

$

2,431

 

 

$

2,054

 

 

$

2,196

 

Additions based on tax positions related to current

   year

 

 

2,489

 

 

 

372

 

 

 

83

 

Additions (reductions) based on tax positions

   related to prior years

 

 

332

 

 

 

5

 

 

 

(225

)

Balance at end of year

 

$

5,252

 

 

$

2,431

 

 

$

2,054

 

 

Approximately $2.6 million of the $5.3 million of unrecognized tax benefit as of December 31, 2016, if recognized, would impact the Company's effective tax rate. During the year ended December 31, 2015, given the Company's valuation allowance, the uncertain tax benefits would not impact the effective tax rate.

The Company recognizes interest and penalties related to unrecognized tax benefits as a component of income tax expense. During the year ended December 31, 2016, the Company recognized $0.3 million of accrued interest and penalties related to unrecognized tax benefits. There were no accruals of interest expense during the years ended December 31, 2015, and 2014. The Company does not anticipate a significant change in the unrecognized tax benefits over the next twelve months.

The Company files U.S., state and foreign income tax returns in jurisdictions with varying statutes of limitations. Due to net operating loss and credit carryovers, the domestic federal and state income tax returns are subject to tax authority examination from inception. In the foreign jurisdictions where the Company files income tax returns, the statutes of limitations with respect to these jurisdictions vary from jurisdiction to jurisdiction and range from 4 to 6 years.