Income Taxes

12 Months Ended

Dec. 31, 2020

The Company’s loss before income taxes for the years ended December 31, 2020 and 2019 is comprised of the following (in thousands):


	Year Ended December 31,
	2020		2019
Domestic	$	(109,837)	$	(39,187)
Foreign	(601)		(387)
Loss before income taxes	$	(110,438)	$	(39,574)

The provision for income taxes for the years ended December 31, 2020 and 2019 is comprised of the following (in thousands):


	Year Ended December 31,
	2020		2019
Current:
Federal	$	—	$	(49)
State	(4)		35
Foreign	93		1,148
Total current	89		1,134
Deferred:
Federal	12		12
State	—		—
Foreign	647		(610)
Total deferred	659		(598)
Provision for income taxes	$	748	$	536

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


	December 31,
	2020		2019
Deferred tax assets:
Accrued expenses	$	1,940	$	647
Provision for excess and obsolete inventory	2,016		2,003

Convertible debt	13,367		—
Interest expense limitation	7,798		5,562
Net operating loss and tax credit carryforwards	108,340		95,258
Share-based compensation	1,911		1,226
Right-of-use-asset	2,059		650
Unrecognized tax benefits	1,567		1,288
Deferred tax assets	138,998		106,634
Deferred tax liabilities:
Operating lease liability	(2,059)		(650)
Acquired intangible assets	(2,155)		(3,623)
Convertible debt	—		(866)
Depreciation and amortization	(5,545)		(1,742)
Unrealized foreign currency gains	(375)		—
Deferred tax liabilities	(10,134)		(6,881)
Valuation allowance	(133,369)		(103,702)
Net deferred tax liabilities	$	(4,505)	$	(3,949)

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.

At December 31, 2020 and 2019, the Company recognized valuation allowances of $26.4 million and $9.2 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 of 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 21% in 2020 and 2019 to loss before income taxes as follows (in thousands):


	Year Ended December 31,
	2020		2019
Federal tax benefit, at statutory rate	$	(23,192)	$	(8,311)
State benefit, net of federal benefit	(1,285)		27
Foreign tax rate difference	(140)		476


Valuation allowance against future tax benefits	26,410		9,168
Loss on conversion of debt	2,015		—




Research and development credits	(2,355)		(1,456)
Share-based compensation	(1,134)		341




Other, including true-up of prior year provisions	429		291
Provision for income taxes	$	748	$	536

At December 31, 2020, the Company had U.S. federal net operating loss carryforwards (“NOLs”) related to tax years 2020 and prior of approximately $429.3 million. Approximately $81.5 million of these NOLs have no expiration date. The remainder begin to expire in 2021, unless previously utilized. Some of these NOLs may be limited by either past or future changes in control events. The Company has California net operating loss carryforwards at December 31, 2020 of approximately $55.0 million, which begin to expire in 2028, unless previously utilized, and foreign net operating losses for its active foreign subsidiaries of approximately $46.7 million, which generally have no expiration date. At December 31, 2020, the Company had federal research and development tax credit carryforwards of approximately $12.8 million, which begin to expire in 2026, unless previously utilized, and California research and development tax credit carryforwards of approximately $14.0 million, which have no expiration date.

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. An analysis was performed for the period through December 31, 2020 and 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 U.S. income taxes which may become payable if undistributed earnings of the foreign subsidiary were paid as dividends to the Company.

On March 27, 2020, the U.S. government enacted the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) which includes modifications to the limitation on business interest expense and net operating loss provisions, and provides a payment delay of employer payroll taxes during 2020 after the date of enactment. Payments of approximately $1.4 million of employer payroll taxes otherwise due in 2020, were delayed with 50% due by December 31, 2021 and the remaining 50% by December 31, 2022. The CARES Act did not have a material impact on the Company’s consolidated financial statements.

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, 2020 and 2019. At December 31, 2020 and 2019, 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, 2018	$	36,906
Increases related to current and prior year tax positions	929

Balance at December 31, 2019	37,835
Increases related to current and prior year tax positions	1,796

Balance at December 31, 2020	$	39,631

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, 2020.

The Company and its subsidiaries file U.S., state and foreign income tax returns in jurisdictions with various statutes of limitations. The Company’s tax returns are subject to examination by federal, state and foreign taxing authorities. The Company’s federal and state tax returns are subject to examination for the years beginning in 2016 and 2015, respectively. Net operating loss carryforwards arising prior to these years are also open to examination, if and when utilized. 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.