Income Taxes

Loss before income taxes for the years ended December 31, 2016, 2015 and 2014 is comprised of the following (in thousands):



	Year Ended December 31,
	2016			2015			2014
Domestic	$	(51,265	)	$	(48,965	)	$	(39,513	)
Foreign	(8,922		)	(3,148		)	408
Loss before income taxes	$	(60,187	)	$	(52,113	)	$	(39,105	)

The provision for income taxes for the years ended December 31, 2016, 2015 and 2014 is comprised of the following (in thousands):



	Year Ended December 31,
	2016		2015			2014
Current:
Federal	$	—	$	—		$	—
State	—		(6		)	21
Foreign	185		81			16
Total current	185		75			37
Deferred:
Federal	156		—			—
State	—		—			—
Foreign	40		106			87
Total deferred	196		106			87
Provision for income taxes	$	381	$	181		$	124

The Company’s net deferred tax liabilities consist of the following (in thousands):



	December 31,
	2016			2015
Deferred tax assets:
Accrued expenses	$	2,881		$	3,455
Provision for excess and obsolete inventory	4,913			1,576
Depreciation and amortization	9,655			5,613
Net operating loss and tax credit carryforwards	105,143			96,848
Share-based compensation	2,203			1,685
Unrecognized tax benefits	1,510			1,407
Deferred tax assets	126,305			110,584
Deferred tax liabilities:
Convertible senior notes	(9,535		)	(12,207		)
Purchased intangible assets	(6,790		)	(6,868		)
Deferred tax liabilities	(16,325		)	(19,075		)
Valuation allowance	(114,419		)	(94,984		)
Net deferred tax liabilities	$	(4,439	)	$	(3,475	)

The Company recognizes federal, state and foreign current tax liabilities or assets based on its estimate of taxes payable to or refundable by tax authorities in the current fiscal year. The Company also recognizes federal, state and foreign deferred tax liabilities or assets based on the Company’s estimate of future tax effects attributable to temporary differences and carryforwards. The Company records a valuation allowance to reduce any deferred tax assets by the amount of any tax benefits that, based on available evidence and judgment, are not expected to be realized.

The Company assesses whether a valuation allowance should be recorded against its deferred tax assets based on the consideration of all available evidence, using a “more likely than not” realization standard. The four sources of taxable income that must be considered in determining whether deferred tax assets will be realized are: (1) future reversals of existing taxable temporary differences (i.e., offset of gross deferred tax assets against gross deferred tax liabilities); (2) taxable income in prior carryback years, if carryback is permitted under the applicable tax law; (3) tax planning strategies; and (4) future taxable income exclusive of reversing temporary differences and carryforwards.

After a review of the four sources of taxable income described above and after being in a three year cumulative loss position at the end of 2015, the Company recognized a full valuation allowance against all of its U.S.-based and some foreign-based deferred tax assets.

At December 31, 2016 and 2015, the Company recognized valuation allowances of $19.3 million and $15.4 million, respectively, related to its deferred tax assets created in those respective years. As a result, no net income tax benefits resulted in the Company’s statements for operations from the operating losses created during those years.

The provision for income taxes reconciles to the amount computed by applying the statutory federal income tax rate of 34% in 2016, 2015 and 2014 to loss before income taxes as follows (in thousands):



	Year Ended December 31,
	2016			2015			2014
Federal tax benefit, at statutory rate	$	(20,463	)	$	(17,718	)	$	(13,447	)
State benefit, net of federal benefit	(293		)	(280		)	(1,054		)
Foreign tax rate difference	681			222			—
Change in valuation allowance	19,341			15,389			11,316
Change in fair value of warrant liability	—			—			1,203
Beneficial conversion feature	—			—			163
Research and development credits	(1,010		)	(796		)	3
Share-based compensation	418			752			2,402
Uncertain tax positions	—			—			(62		)
Change in state apportionment	—			2,561			(347		)
Other	1,707			51			(53		)
Provision for income taxes	$	381		$	181		$	124

At December 31, 2016, the Company has U.S. federal net operating loss carryforwards of approximately $239.3 million. Federal net operating loss carryforwards expire at various dates from 2029 through 2036. The Company has California net operating loss carryforwards of approximately $40.6 million, which expire at various dates from 2017 through 2036. The Company has Oregon net operating loss carryforwards of approximately $2.5 million, which begin to expire at various dates from 2030 through 2031. The Company has foreign net operating losses of approximately $35.7 million. Foreign net operating losses have no expiration date. The Company has California and Oregon research and development tax credit carryforwards of approximately $6.2 million and $0.1 million, respectively. The California tax credits have no expiration date. The Oregon tax credits begin to expire in 2020. The Company also has federal research and development tax credit carryforwards of approximately $4.8 million. The federal tax credits expire at various dates from 2027 through 2036.

Pursuant to Internal Revenue Code (“IRC”) Sections 382 and 383, annual use of the Company’s net operating loss and research and development credit carryforwards may be limited in the event a cumulative change in ownership of more than 50% occurs within a rolling three-year period. The analysis was performed for the period through September 15, 2016. The analysis did not identify any events of cumulative change in ownership during the review period. The Company will continue monitoring any future changes in stock ownership.

It is the Company’s intention to reinvest undistributed earnings of its foreign subsidiaries and thereby indefinitely postpone their remittance. Accordingly, no provision has been made for foreign withholding taxes on United States income taxes which may become payable if undistributed earnings of the foreign subsidiary were paid as dividends to the Company.

The Company follows the accounting guidance related to financial statement recognition, measurement and disclosure of uncertain tax positions. The Company recognizes the impact of an uncertain income tax position on an income tax return at the largest amount that is more-likely-than-not to be sustained upon audit by the relevant taxing authority. An uncertain income tax position will not be recognized if it has less than a 50% likelihood of being sustained. No income tax benefit was recognized during the years ended December 31, 2016 and 2015. At December 31, 2016 and 2015, the Company did not have interest expense related to uncertain tax positions or a liability for unrecognized tax benefits. The Company does not expect changes to its uncertain tax position in the next twelve months.

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



Balance at December 31, 2013	$	35,500
Increases related to current and prior year tax positions	204
Settlements and lapses in statutes of limitations	(61		)
Balance at December 31, 2014	35,643
Increases related to current and prior year tax positions	160
Balance at December 31, 2015	35,803
Increases related to current and prior year tax positions	488
Balance at December 31, 2016	$	36,291

There are no tax benefits that, if recognized, would affect the effective tax rate that are included in the balances of unrecognized tax benefits at December 31, 2016.

The Company and its subsidiaries file U.S., state, and foreign income tax returns in jurisdictions with various statutes of limitations. The Company is also subject to various federal income tax examinations for the 2003 through 2015 calendar years due to the availability of net operating loss carryforwards. The Company believes appropriate provisions for all outstanding issues have been made for all jurisdictions and all open years. However, because audit outcomes and the timing of audit settlements are subject to significant uncertainty, the Company’s current estimate of the total amounts of unrecognized tax benefits could increase or decrease for all open years.