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Income Taxes
6 Months Ended
Jun. 30, 2021
Income Tax Disclosure [Abstract]  
Income Taxes INCOME TAXES
For the three and six months ended June 30, 2021, the Company recognized deferred income tax benefit of $11.3 million. For the three and six months ended June 30, 2020, the Company recognized deferred income tax expense of $1 thousand and $13 thousand, respectively. The effective tax rate for the six months ended June 30, 2021 and 2020 is (8191.72)% and (0.85)%, respectively. The effective tax rate decreased as a result of a partial release of the valuation allowance as further discussed below.
A reconciliation of the statutory rate and the effective tax rate follows:
Six Months Ended June 30,
20212020
Federal statutory rate21.00 %21.00 %
State income taxes - net of federal benefit4.93 %4.74 %
Permanent differences(60.56 %)0.16 %
Return to provision adjustments— %(2.45 %)
Change in valuation allowance(8154.87 %)(18.43 %)
Other, net(2.22)%(5.87)%
Effective tax rate(8191.72)%(0.85)%
The Company previously recorded a valuation allowance to reduce its deferred tax assets to zero. Based upon the available evidence on June 30, 2021, the Company determined it was more likely than not that a portion of deferred tax assets related to the NOL carryforwards would be utilized in future periods. The Company considered all available evidence, including cumulative income in recent years and its current forecast of future income in its analysis. The Company concluded that sufficient positive evidence exists due to the cumulative positive results achieved since the Company's revised business strategy launched in 2018 and associated long-term related party contract (2019 AMA), which establishes a reasonable expectation of future taxable income. As a result, the Company partially released the valuation allowance against these deferred tax assets and recorded a deferred income tax benefit of $11.3 million for the three and six months ended June 30, 2021. While the Company believes its forecast of future income is reasonable, it is inherently uncertain. If the Company’s projections of future income are lower than expected, the Company may need to reestablish the valuation allowance.
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. Components of the Company’s deferred tax assets and liabilities at June 30, 2021 and December 31, 2020 and are as follows:
June 30,
2021
December 31,
2020
Deferred tax assets:
Net operating loss and tax credit carryforwards
$37,841 $37,899 
Stock based compensation
641 648 
Investment in affiliates
299 264 
Other18 14 
Depreciation and amortization
20 37 
38,819 38,862 
Less - valuation allowance
(27,500)(38,780)
Net deferred tax assets
11,319 82 
Deferred tax liabilities:
Goodwill amortization
(9)(103)
Net deferred tax liabilities
(9)(103)
Net deferred tax assets (liabilities)
$11,310 $(21)
The Company currently has approximately $146.0 million in federal and state NOLs. If unused, these NOLs will begin expiring in 2027. Under Internal Revenue Code Section 382 (“Section 382”), if a change in ownership is triggered, the Company’s NOL assets and possibly certain other deferred tax assets may be impaired.
The Company assesses uncertain tax positions and has not recorded any accruals related to uncertain tax positions as of June 30, 2021 and 2020. We file U.S. and state income tax returns in jurisdictions with varying statutes of limitations. The 2017 through 2020 tax years remain subject to examination by federal and most state tax authorities.