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Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes INCOME TAXES
The domestic and foreign components of loss before income taxes were as follows (in thousands):
Year Ended December 31,
202020192018
Domestic$(126,624)$(77,354)$(65,695)
Foreign5,847 (18,065)(3,194)
Loss before income taxes$(120,777)$(95,419)$(68,889)
The income tax expense consisted of the following (in thousands):
Year Ended December 31,
202020192018
Income tax expense:
Current:
Federal$— $— $— 
State133 — — 
Foreign686 — — 
Subtotal819 — — 
Deferred:
Federal— — — 
State— — — 
Foreign(474)— — 
Subtotal(474)— — 
Income tax expense$345 $— $— 
The difference between the income tax expense and the amount computed by applying the federal statutory income tax rate to loss before income taxes is explained as follows (in thousands):
Year Ended December 31,
202020192018
Tax at federal statutory rate$(25,363)$(20,038)$(14,467)
State taxes, net(3,168)(9,597)(2,849)
Foreign rate differential376 (665)(177)
Global Intangible Low-Taxed Income1,335 — — 
Non-deductible stock-based compensation4,232 2,817 (2,729)
Research credits(3,657)(3,429)(1,005)
Change in valuation allowance26,537 29,655 20,271 
Other53 1,257 956 
Income tax expense$345 $— $— 
In March and December 2020, in response to the COVID-19 pandemic, 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. The Company does not expect any significant benefit to its income tax provision as a result of this legislation.
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 the Company’s deferred tax assets and liabilities are as follows (in thousands):
December 31,
20202019
Assets:
Deferred tax assets:
Net operating loss carryforwards$164,276 $133,765 
Research and development tax credit carryforwards27,679 21,459 
Stock-based compensation5,321 4,194 
Deferred revenue20,681 32,171 
Fixed assets10,525 11,282 
Lease liability10,251 11,722 
Accruals and reserves430 675 
Other308 151 
Total deferred tax asset239,471 215,419 
Valuation allowance214,351 187,724 
Deferred tax assets25,120 27,695 
Liabilities:
Intangible assets(14,321)(13,609)
Operating lease right-of-use assets(17,510)(20,656)
Deferred tax liabilities(31,831)(34,265)
Total net deferred tax liabilities$(6,711)$(6,570)
The deferred tax assets and liabilities based on tax jurisdictions are presented on the Consolidated Balance Sheet as follows (in thousands):
December 31,
20202019
Deferred tax assets (included in Other non-current assets on the Consolidated Balance Sheet)$474 $— 
Deferred tax liabilities(7,185)(6,570)
Net deferred tax liabilities$(6,711)$(6,570)
In October 2018, the Company acquired Sangamo France. The Company recorded goodwill and intangible assets as part of accounting for the acquisition of Sangamo France. There is no corresponding tax basis for the goodwill or intangible assets. A portion of the intangible assets acquired were for the use in a particular research and development project and are considered indefinite-lived assets with no tax basis.
The changes in the fair value of the unrealized gain (loss) on marketable securities are recorded as a component of accumulated other comprehensive income (loss), net of a provision for income taxes.
A valuation allowance is recorded when it is more likely than not that all or some portion of the deferred income tax assets will not be realized. The Company regularly assesses the need for a valuation allowance against its deferred income tax assets by considering both positive and negative evidence related to whether it is more likely than not that the Company’s deferred income tax assets will be realized. In evaluating the Company’s ability to recover its deferred income tax assets within the jurisdiction from which they arise, the Company considers all available positive and negative evidence, including scheduled reversals of deferred income tax liabilities, projected future taxable income, tax-planning strategies, and results of recent operations. Accordingly, based upon the Company’s analysis of these factors the net deferred tax assets have been substantially offset by a valuation allowance. The valuation allowance increased by $26.6 million, $29.6 million and $45.3 million for the years ended December 31, 2020, 2019 and 2018, respectively.
As of December 31, 2020, Sangamo had net operating loss carryforwards for federal and state income tax purposes of approximately $622.6 million and $261.7 million, respectively. The federal net operating loss generated before 2018 will begin to expire in 2024 and will keep expiring through 2037, if not utilized. Federal net operating loss generated in 2018 will carry forward indefinitely. If not utilized, the state net operating loss carryforwards will begin to expire in 2029, respectively. The Company’s French net operating loss carryforward balance is $145.9 million, which carries over indefinitely. The Company
also has federal and state research tax credit carryforwards of $21.9 million and $18.3 million, respectively. The federal research credits will begin to expire in 2021, while the state research credits have no expiration date. Utilization of the Company’s net operating loss carryforwards and research tax credit carryforwards may be subject to substantial annual limitations due to the ownership change limitations provided by the Internal Revenue Code and similar state provisions. The annual limitation could result in the expiration of the net operating loss carryforwards and research tax credit carryforwards before utilization.
The Company’s policy is to reinvest the earnings of its non-U.S. subsidiaries in those operations. The Company does not provide for U.S. taxes on the earnings of foreign subsidiaries because the Company intends to reinvest such earnings offshore indefinitely. However, if these funds were repatriated, the Company would be required to accrue and pay applicable U.S. taxes and withholding taxes. Due to the cumulative losses generated in foreign countries there are no earnings to repatriate.
The Company files federal and state income tax returns with varying statutes of limitations. The tax years from 2002 forward remain open to examination due to the carryover of net operating losses or tax credits. The Company also files United Kingdom and French income tax returns, and the tax years from 2008 and thereafter remain open in the United Kingdom and 2016 and thereafter in France are still subject to examination.
The Company’s practice is to recognize interest and/or penalties related to income tax matters in income tax expense. As of December 31, 2020, the Company had no accrued interest and/or penalties. The unrecognized tax benefits may change during the next year for items that arise in the ordinary course of business. In the event that any unrecognized tax benefits are recognized, the effective tax rate will not be affected.
The following table summarizes the activity related to the Company’s unrecognized tax benefits (in thousands):
December 31,
202020192018
Beginning balance$11,630 $6,288 $5,659 
Additions based on tax positions related to the current year2,834 5,393 636 
Additions for tax positions of prior years1,982 — — 
Reductions for tax positions of prior years(3,554)(51)(7)
Ending balance$12,892 $11,630 $6,288