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Income Taxes
12 Months Ended
Dec. 31, 2014
Income Taxes

Note 16. Income Taxes

U.S and foreign components of consolidated loss before income taxes for the years ended December 2014, 2013 and 2012, was as follows (in thousands):

 

     Year Ended December 31,  
     2014      2013      2012  

Loss before income taxes:

        

U.S.

   $ (38,928    $ (44,035    $ (16,360

Foreign

     368         916         685   
  

 

 

    

 

 

    

 

 

 

Loss before income taxes

   $ (38,560    $ (43,119    $ (15,675
  

 

 

    

 

 

    

 

 

 

The provision for income taxes for the years ended December 2014, 2013 and 2012, was as follows (in thousands):

 

     Year Ended December 31,  
     2014      2013      2012  

Provision for income taxes:

        

Current:

        

Foreign

   $ 168       $ 191       $ 180   

Federal

     0         0         0   

State

     1         0         0   
  

 

 

    

 

 

    

 

 

 

Total Current

     169         191         180   

Deferred:

        

Foreign

     0         0         0   

Federal

     22         21         48   

State

     4         6         14   
  

 

 

    

 

 

    

 

 

 

Total Deferred

     26         27         62   
  

 

 

    

 

 

    

 

 

 

Provision for income taxes

   $ 195       $ 218       $ 242   
  

 

 

    

 

 

    

 

 

 

The difference between the provision for income taxes and the amount computed by applying the federal statutory income tax rate to loss before taxes for the years ended December 31, 2014, 2013 and 2012, was as follows (in thousands):

 

     Year Ended December 31,  
     2014      2013      2012  

Federal statutory tax

   $ (13,110    $ (14,661    $ (5,329

Stock-based compensation

     (8      (10      99   

Lobbying expenses

     33         107         51   

Warrants

     (3,367      4,926         (706

Foreign rate differential

     43         (121      (53

Expiration of federal net operating losses and credits—tax effected

     0         0         4,352   

Change in valuation allowance

     16,576         9,955         1,809   

Other

     28         22         19   
  

 

 

    

 

 

    

 

 

 

Provision for income taxes

   $ 195       $ 218       $ 242   
  

 

 

    

 

 

    

 

 

 

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 at the enacted rates. The significant components of the Company’s deferred tax assets at December 31, 2014 and 2013, were as follows (in thousands):

 

     December 31,  
     2014      2013  

Deferred tax assets:

     

Net operating loss carryforwards

   $ 151,100       $ 142,500   

Research and development credit carryforwards

     33,800         32,100   

Capitalized research and development

     15,500         12,300   

Deferred compensation

     5,800         4,900   

Capital loss carryforwards

     3,700         3,900   

Other

     3,200         3,300   
  

 

 

    

 

 

 

Total deferred tax assets

     213,100         199,000   

Valuation allowance

     (213,100      (199,000
  

 

 

    

 

 

 

Net deferred tax assets

     0         0   
  

 

 

    

 

 

 

Deferred tax liabilities:

     

Amortization of goodwill

     115         89   
  

 

 

    

 

 

 

Total deferred tax liabilities

   $ 115       $ 89   
  

 

 

    

 

 

 

The valuation allowance increased by $14.1 million for the year ended December 31, 2014, compared to the increase of $8.5 million and a decrease of $0.8 million for the years ended December 31, 2013 and 2012, respectively. The Company believes that, based on a number of factors, the available objective evidence creates sufficient uncertainty regarding the realizability of the deferred tax assets such that a full valuation allowance has been recorded. These factors include the Company’s history of net losses since its inception, the need for regulatory approval of the Company’s products prior to commercialization, expected near-term future losses and the absence of taxable income in prior carryback years. The Company expects to maintain a full valuation allowance until circumstances change.

Undistributed earnings of the Company’s foreign subsidiary, Cerus Europe B.V., amounted to approximately $4.6 million at December 31, 2014. The earnings are considered to be permanently reinvested and accordingly, no deferred U.S. income taxes have been provided thereon. Upon distribution of those earnings in the form of dividends or otherwise, the Company would be subject to U.S. income taxes. The unrecognized deferred tax liability for unrepatriated earnings at December 31, 2014, was approximately $1.7 million. In the event all foreign undistributed earnings were remitted to the U.S., any incremental tax liability would be fully offset by the Company’s domestic net operating loss.

 

For the year ended December 31, 2014, the Company reported pretax net losses of $38.6 million on its consolidated statement of operations and calculated taxable losses for both federal and state taxes. The difference between reported net loss and taxable loss are due to temporary differences between book accounting and the respective tax laws.

At December 31, 2014, the Company had federal and state net operating loss carryforwards of approximately $416 million and $255 million, respectively. The net operating loss carryforwards for federal and state expire at various dates beginning in 2015 through 2034. The Company’s net operating losses do not include $2.2 million related to windfall tax deductions associated with stock based compensation. The stock based compensation windfall deductions, if utilized, would serve to reduce any income taxes payable.

At December 31, 2014, the Company had federal research and development credit carryforwards of approximately $22.5 million that expire in various years between 2018 and 2034. The state research and development credits are approximately $17.1 million as of December 31, 2014, have an indefinite carryover period.

The utilization of net operating loss carryforwards, as well as research and development credit carryforwards, is limited by current tax regulations. These net operating loss carryforwards, as well as research and development credit carryforwards, will be utilized in future periods if sufficient income is generated. The Company believes it more likely than not that its tax positions would be recognized upon review by a taxing authority having full knowledge of all relevant information. The Company’s ability to utilize certain loss carryforwards and certain research credit carryforwards are subject to limitations pursuant to the ownership change rules in accordance with Section 382 of the Internal Revenue Code of 1986 and with Section 383 of the Internal Revenue Code of 1986, as well as similar state provisions.

The Company will recognize accrued interest and penalties related to unrecognized tax benefits in its income tax expense. To date, the Company has not recognized any interest and penalties in its consolidated statements of operations, nor has it accrued for or made payments for interest and penalties. The Company had no unrecognized tax benefits as of December 31, 2014 and 2013. The Company’s tax years 2010 through 2013 remain subject to examination by the taxing jurisdictions due to unutilized net operating losses and research credits.